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THE UNIVERSITY OF GEORGIA
LAW LIBRARY
UNIVERSITY OF GEORGIA LAW LIBRARY
3 8425 00576 6303
Digitized by the Internet Archive
in 2011 with funding from
LYRASIS Members and Sloan Foundation
http://www.archive.org/details/digestoflawsofst1800stat
* LAW LIBRARY
UNIVERSITY W GEORGIA
AfHfiNS, GEORGIA
♦'
\
/-A
^
WUfk
UJ
•*-
~f-
A
DIGEST
OF THE
LAWS
OF THE
^tate ut
^om-trs^Rrf-esTAZT&HMENr as a -briti: zofince down
TO THE TEAR 179S, INCLUSIP
AND THE
Is co:
PRINCIPAL ACTS OF ns9:
IN WHir"
m?rehended the declaration ot independence; the State Conftitutions of 1777 and 1789. with the
.»■*
*!»
alterations and amendments in 1794-
ALSO THE
\Conjlitution of 1798
IT CONTAINS
A* well all the Lavs in force, as thofe whah are deemed ufeful and neceffary. or which afe explanatory
As wen an uw o{ wifting Luvs. togetrrer, with the
TITLES OF ALL THE OBSOLETE AND OTHER ACTS.
AND CONCLUDES
• • »i,» jriirinal Charters ana other Documents, afc,rtajn;n„ and defining the
WrrH an Appendix containing ; the ^ ^ ^^ ^ ^ fouthern tribes ^ ^.^ ^ ^.^ ^
Liir,-.8 and Boundary ot the 6ta • Conftitution of the United States, anaa few Aa% of CoT,£rL;c.
.nfederation and perpetual i""'"' °
Toget2)^ with a copious Index to the wKole.
sr
ROBERT & GEORGE WATKINS.
:/C
"v«
philaBttyfjfcu
BM&TED BY R. AITKEN, N<\ 22, MARKET STREET.
1800.
0:
\
r
\
jf»
■
st<- r/;C4</
77^ 4
Cf £>/y
ADDRESS
TO THE PI [J®.
^ /^/9
7ic wider a con-
'$ ? ndtrtaking, by
: : their names
* Ct 'Hers claim
npilation.
I. HE following, work is offer:
v lotion of its utility. Not incited to thi
ambition for literary fame, or with a vie
enrolled in the catalogue of contemporary autbt
no merit but from their zealous assiduity and L
Having witnessed the numerous advantages ret ;./''' *be suc-
cessof similar exertions, in other States, they dt ursue
the example and collect the whole of the State laz, view.
Such a work bad been long called for by the public, u.id had been
contemplated by others at fan earlier period ; but, either from the dif-
ficulty of the undertaking, or the want of legislative sanction, every
attempt, in this State, has hitherto failed of success. Notwithstand-
ing these difficulties, the present compilers observing with much con-
cern the great uncertainty in the municipal regulations of the State,
and the embarrassments thereby introduced into evkry department of
the government, but particularly in tbz courts of justice, whither one
of them was led by professional duty, they determined though, strange
to relate, not without opposition, to encounter the tasf> upon the cre-
dit of their own fortunes, and hazard its succe&l on itheir own indi-
vidual reputations.
In a State whose government has been the theatre of politi-
cal agitations, in which the reciprocal struggles of jarring and oppos-
ing interests, have produced the alternate adoption and abrogation of
opposite
x^
A
• ■" I iv ]
opposite measures, the civil polity cannot but be subject to frequent
and variagated changes : This unfortunately has been too much the
case with the State whose legislative acts are here presented to the
hublic ; and this too, he fd< d much to the labor and perplexity oj
■nlertaking. Man) ofthi e ■. s have never been published, some
lost or desi, others in a tattered and mutilated con
■tdL
■ p
, 1 i '
!
t.berio
€aligula. Tb
siduity, in cc
tlement of
repealed <
ence this collection is made, has bi-
rr uc' out of the public reach as the laws of
. ;, however, have exercised their utmost as-
all the laws in force, passed since the first set-
British province, together with such of the
c j as were deemed useful and necessary, as go-
verning the transactions under them, while in f^rcc ■..- These they have
arranged with tl r all the other lawi » found, in the or-
der of time in w • -:ey were passed, wuf,j< arginal notes and
references as wen < : ' necessary to< v ;v he objects of succeed-
ing legislatures %o Which is sub/oh < mdamental regulations
under which tl we enacted. The ca dution of the State as re-
vised and am d ■■1 at different the articles of confederation
a?id perpetual umf ndtb< m of the United States. They
ori-rinac charters and other documents, ascer-
tf miU and boundary of the State; all the
' tribes of Indians, and a few acts of
have edso ac
taining and dt
treaties wi
congress,,
If- to ' /mpilers have zealously endeavoured to fulfil
their ens* they have to regret the unexpected delay of the
jniblicatr , however, to be hoped the causes will not be over-
looked. Soon after their commencement, measures were taken and
pursued for a change in the constitution. This was too important
not
I * 3
not to wait the issue and incorporate the result. They have not on-
ly done this, but the delay has enabled them to add the laws of seve-
ral years mors than originally intended; and the whole code has
recently undergone a thorough revision. In strict conformity ivith
those engagements, a guide for justices of the peace should likewise
have been annexed: but the new matter already added, it is presumed,
will be deemed more than adequate. Indeed it has been considered that
the guide will be more useful, by being published in a small portable
volume. This will be done as soon as possible. The manuscript has
been long prepared, but the many alterations iitthe constitution and
laws have rendered a revision of that too, indispensably necessary. Such
of the subscribers, however, as may not have occasion for the present
work, without the guide, will be at liberty to withdraw their names.
Another cause of delay jnay justly be ascribed to the agitation
of the public mind, during its progress, and to an opposition, which
sought to destroy the effects and enjoy the fruits of their labor, by
an indelicate interference, and an illiberal competition.*
Although
* During the firft feflion of the legislature of 1799, when the digeft was in theprefs, a candid reprefentation
was made to them refpecting its progrefs. They took up the fubject and referred it to a large and refpectable
joint committee from the two branches. This committee reported fpecially, and unanimoufly recommended
an appropriation 'of fifteen hundred dollars, and added that they were the more induced to recommend the
adoption of the meafurc " from a conviction that the faid digeft is a work of great labor and merit and will be
" of importance in forming a complete digeft, agreeably to the 8th feet, of the 3d art. of the conftitution ; and
-" that thefaid Robert and George Watkins are entitled to a generous retribution- for their labor and exertions.''
It was thereupon refolved unanimoujly in thehoufe of reprefentatives, " that the fum of fifteen hundred dollars,
" be appropriated" accordingly,, to their ufe. The fenate concurred by a larjc majority. During its progrefc»
however, fome oppofition arofe in the fenate. This was at length explained by one of the governor's particular
friends, who had the modefly, openly, to move that an addition be made to the impropriation act, in the words
following : " The fum of two thoufand dollars, fubject to the order of the governor, for the purpofe of enabling
■'*'■ the executive to promulgate the laws of the State, agreeably to the 8th fed. H the 3d art. of the confti-
" tution.'' This was negatived — yeas 4, nays 11. And his excellency was directed, by a fecond refolutionj
to pay the firfl mentioned fum on demand «' out of the contingent fund." Still unwilling to fubmit to the
will of the legiflature, his excellency has not only been pleafed, in the recefs of that body, to difapprove of
the appropriation, but has alfo charged the legiflaturc with violating the conftitution in making what he calls
a " gratuity'' of the public money, and withholds the amount.
On thefe facts, the compilers forbear to comment.
[ vi ]
Although the authors of this work cannot boast of the patro-
nage of all their rulers, they have the consolation to believe ; that in
offering it to the public, they are sanctioned, by the approving voice of
the best informed and most impartial characters in the community.
To the indulgent eye of a generous public it is, therefore, cheerfully
submitted.
The want of age and experience in the compnlers, engaged in
an arduous profession, added to the circumstances already stated,
forbid the hope of perfect correctness. Conscious, however, of the
best intentions, they venture to flatter themselves that the errors will
be found neither numerous or important.
Should a greater number of copies be wanted than are now
printed, a second edition will be published in octavo, in which all
intermediate alterations in the laws, will be duly noticed, and the ut-
most care taken to correct and improve the former.
In a representative government, it is of the utmost consequence
to the body of the nation, to be rightly informed of those laws and re-
gulations by which their duties are defined and their rights secured.
To promote this desirable object, as far as was in their power, has
been the leading motive of the compilers. That it may answer the
ends proposed, and advance the public good, is their ardent wish.
Augusta, 1 July, 1799.
HAVING been frequently consulted by Mess. Robert and
George Watkins, during the progress of the following work, we
do certify, that in our opinion, it is correct, will be of great
utility, and merits the public attention.
George Walton,
William Stith, Jun.
Seaborn Jones,
George Walker.
Augusta, Nov. 15, 1798.
+mjl imMJwnax yjtfwmmjuw.mjimagcami ' at -njwa
Cntetelr;
IN conformity to the a£l of the Congrefs of the United States, intkled " An
A& for the encouragement of Learning, by fecuring the Copies of Maps, Charts
and Books, to the Authors and Proprietors of fuch copies during the times therein
mentioned."
THE
DECLARATION OF INDEPENDENCE.
JN CONGRESS, JULY 4, 1776.
* V HEN, in thecourfe of human events, it becomes necefTary for one people to clif-
folve the political bands which have connected them with another, and to aiTunie^
among the powers of the Earth, the feparate and equal ftation to which the laws of
nature and of nature's God entitle them, a decent refpect to the opinions of mankind
requires that they fhould declare the caufes which impel them to the feparation.
We hold thefe truths to be felf evident \ that all men are created.equal y that they
are endowed by their Creator, with certain unalienable rights ; that among thefe are
life, liberty, and the purfuit of happinefs. That to fecure thefe rights, gov-
ernments are inftituted among men, deriving their jud powers from the confent of
the governed ; that whenever any form of government becomes destructive of thefe
ends, it is the right of the people to alter or to abolifh ir, and to inftitute new govern-
ment, laying its foundation on fuch principles, and organizing its powers in fuch
form, as to them (hall feem moft likely to effect their fafety and happinefs. Pru-
dence, indeed, will dictate, that governments long eftablifhed, fhould not be chang-
ed for light and tranfient caufes -y and accordingly all experience hath fhewn, that
mankind are more difpofed to fufFer, while evils are fufferable, than to right themfelves
by abolifhing the forms to which they are accuftomed. But when a long train of
abufes and ufurpations, purfuing invariably the fame object, evinces a defign to reduce
them under abfolute defpotifm, it is their right, it is their duty, to throw off fuch go-
vernment, and to provide new guards for their future fecurity. Such has been the
patient fufferance of thefe colonies ; and fuch is now the neceffity which conftrains
them to alter their former fyftems of government. The hiftory of the prefent King
of Great-Britain is a hiftory of repeated injuries and ufurpations, all having in direct
object the eftablifhment of an abfolute tyranny over thefe States. .To prove this,
let facts be fubmitted to a candid world.
A He
■ •
DECLARATION OF
He has refufed his affent to laws the moft wholefome and neceffary for the public
good.
He has forbidden his governors to pafs laws of immediate and prefling importance,
unlefs fufpended in their operation till his affent fhould be obtained ; and when fo
fufpended, he has utterly neglected to attend to them.
He has refufed to pafs other laws for the accommodation of large diftri£ts of people,
unlefs thofe people would relinquifh the right of reprefentation in the legiflature ; a
right ineftimable to them, and formidable to tyrants only.
He has called together legislative bodies at places unufual, uncomfortable, and
diftant from the depofitory of their public records, for the fole purpofe of fatiguing
them into compliance with his meafures.
He has diffolved reprefentative houfes repeatedly, for oppofmg, with manly firm-
nefs, his invasions on the rights of the people.
He has refufed for a long time,, after fuch diffolutions, to caufe others to be electa
ed ; whereby the ligiflative powers, incapable of annihilation, have returned to the
people at large for their exercife ; the State remaining, in the mean time, expofed to
all the dangers of invafion from without, and convulfions within.
He has endeavored to prevent the population of thefe States;, for that purpofe ob-
flru£ting the laws for naturalization of foreigners ;. refufing to pafs others to encourage
their migrations hither, and railing the conditions of new appropriations ofjands.
He has obflrufted the adminiftration of juftice, by refufing his affent to laws for,
eitablifhing judiciary powers.
He has made judges dependant on his will alone, for the tenure of their officess
and the amount and payment of their falaries.
He has erected a multitude of new offices, and fent hither fwarms of officers, to
harrafs our people, and eat out their fubftance.
He has kept among us,, in times of peace, {landing armies, without the content
el our legislatures..
INDEPENDENCE.
He has affected to render the military independent of, and fuperior to the civil
power.
He has combined with others to fubjecl: us to a jurifdiclion foreign toffwr confuta-
tion, and unacknowledged by our laws ; giving his affent to their acts of pretended
legiflation :
For quartering large bodies of armed troops among us :
For protecting them, by a mock-trial, from punifhment for any murders which
they fhould commit on the inhabitants of thefe States :
For cutting off our trade with all parts of the world :
For impofing taxes on us without our confent :
For depriving us, in many cafes, of the benefits of trial by jury :
For tranfporting us beyond the feas to be tried for pretended offences :
For abolifhing the free fyftem of Englifh laws in a neighbouring province, efta-
blifhing therein an arbitrary government, and enlarging its boundaries, fo as to render
it at once, an example and fit inftrument for introducing the fame abfolute rule into
thefe colonies ;
For taking away our charters, abolifhing our mofc valuable laws, and altering funda-
mentally, the forms of our governments :
For fufpending our own legiflatures, and declaring themfelves invefted with power
to legiilate for us in all cafes whatsoever.
He has abdicated government here, by declaring us out of his protection, and wag-
ing war againft us.
He has plundered our feas, ravaged our coafts, burnt our towns, and deftroyed the
lives of our people.
He is, at this time, tranfporting large armies of foreign mercenaries to complete
the works of death, defolation, and tyranny, already begun with circumftances of
cruelty and perfidy, fcarcely paralleled in the mod barbarous ages, and totally un-
worthy the head of a civilized nation.
' I
4 ^ DECLARATION OF
•
He has ccmft rained our fellow citizens, taken captive on the high feas, to bear arms
. agaihft their country, to become the executioners of their friends and brethren, or to
fall themfelves by their hands.
He has^gx^fc/ted domeftic infurreftions amongft us, ana has endeavoured to bring
on the inhabitai^Cs of our frontiers the mercilefs Indian favages, whofe known rule of
warfare is an undiftinguifhed deftruftion of all ages, fexes and conditions.
In every ftage of thefe oppreffions we have petitioned for redrefs in the rrioft humble
terms : Our repeated petitions have been anfwered only by repeated injury. A Prince,
whofe character is thus marked by every aft which may define a tyrant, is unfit to be
the ruler of a free people.
Nor have we been wanting in attentions to our Britiih brethren : We have warned
them from time to time, of attempts made by their legiflature, to extend an unwar-
rantable jurifdiftion over us. We have reminded them of the circumftances of our
emigration and fettlement here^f-We ^ave aPPealed to their native juftice and magna-
nimity, and we have conjuredAbytne ties of our common kindred, to difavow thefe
ufurpations, which would inevitably interrupt our connections and correfpondence.
They too, have been deaf to the voice of juftice and of confanguinity. We muft,
therefore, acquiefce in the neceffity which denounces our feparation, and hold them,
as we hold the reft of mankind, enemies in war, in peace friends.
We, therefore, the Reprefentatives of the United States of America, in general
Congrefs affembled, appealing to the Supreme Judge of the World, for the reftitude
of our intentions, do, in the name, and by authority of the good people of thefe Colo-
nies, folemnly publifh and declare — That thefe United Colonies are, and of right ought
to be, Free and Independent States; that they are abfolved from all allegiance to the
Britifh Crown, and that all political connection between them and the State of Great-
Britain, is, and ought to be, totally diflblved 5 and that as Free and Independent States,
they have full power to levy war, conclude peace, contraft alliances, eftablifh com-
merce, and to do all other afts and things which Independent States may of right do.
And for the fupport of this declaration, with a firm reliance on the protection of
Divine Providence, we mutually pledge to each other, our lives, our fortunes, and our
facred honor.
JOHN HANCOCK.
JOSIAH BARTLET,
NEW HAMPSHIRE. ^WILLIAM WHIPPLE,
MATTHEW THORNTON.
MASSACHUSETTS
INDEPENDENCE.
MASSACHUSETTS BAT.
RHODE ISLAND, &c.
CONNECTICUT.
NEW TORK.
NEW JERSEY
PENNSYLVANIA.
DELAWARE.
MARYLAND.
f SAMUEL ADAMS,
j JOHN ADAMS,
1 ROBERT TREAT PAINE,
LELBRIDGE GERRY.
f*>
f STEPHEN HOPKINS,
I WILLIAM ELLERY.
f ROGER SHERMAN,
?!
« SAMUEL HUNTINGTON,
\ WILLIAM WILLIAMS,
LOLIVER WOLCOTT.
f WILLIAM FLOYD,
J PHILIP LIVINGSTON,
1 FRANCIS LEWIS,
LLEWIS MORRIS.
f RICHARD STOCKTON,
j JOHN WITHERSPOON,
<5 FRANCIS HOPKINSON,
JOHN HART,
ABRAHAM CLARK.
ROBERT MORRIS,
BENJAMIN RUSH,
BENJAMIN FRANKLIN,
JOHN MORTON,
4 GEORGE CLYMER,
JAMES SMITH,
GEORGE TAYLOR,
, JAMES WILSON,
iGEORGE ROSS.
f CAESAR RODNEY,
I GEORGE READ.
("SAMUEL CHASE
i
| WILLIAM PACA,
\ THOMAS STONE,
LCHARLES CARROLL, of Carrollton.
VIRGINIA.
DECLARATION OF, &c.
VIRGINIA
f GEORGE WYTHE,
j RICHARD HENRY LEE,
I THOMAS JEFFERSON,
\ BENJAMIN HARRISON,
J THOMAS NELSON, Junr.
FRANCIS LIGHTFOOT LEE,
L
CARTER BRAXTON.
NOR TH CAR OL IN A,
r WILLIAM HOOPER,
) JOSEPH HEWES,
CJOHNPENN.
SOUTH CAROLINA.
f EDWARD RUTLEDGE,
i
J THOMAS HEYWARD, Junr.
1 THOMAS LYNCH, Junr.
lARTHUR MIDDLETON.
GEORGIA.
BUTTON GWINNETT,
LYMAN HALL,
GEORGE WALTON.
THE
^ajguajUMaih»tfMW;MI«lW»*fllM**J-g^
*THE CONSTITUTION
w<£^--- if***™* y&f^fa
-tr-ts*
W HEREAS the conduct of the legiflature of Great-Britain for many years pair, Preamble
lias been fo oppreflive on the people of America, that of late years, they have plainly
declared, and afferted a right to raife taxes upon the people of America, and to make
laws to bind them in all cafes whatfoever, without their confent; which conduit be-
ing repugnant to the common rights of mankind, hath obliged the Americans, as free-
men, to oppofe fuch oppreifive meafures, and to aflert the rights and privileges they
are entitled to, by the laws of nature and reafon; and accordingly it hath been done
by the general confent of all the people of the States of New-Hampfhire, MaiTachu-
fetts-Bay, Rhode-Ifland, Connecticut, New-York, New-Jerfey, Pennfylvania, the
counties of New-Caftle, Kent and Suflex on Delaware, Maryland, Virginia, North-
Carolina, South-Carolina, and Georgia, given by their reprefentatives met together
in General Congrefs, in the city of Philadelphia.
And whereas it hath been recommended by the faid Congrefs on the fifteenth of
Maylaft, to the refpeclive aflemblies and conventions of the United States, where no
government, fuffi'cient to the exigencies of their affairs, "hath been hitherto ettablifh-
ed,, to adopt fuch government, as may, in the opinion of the reprefentatives of the
people, belt conduce to the happinefs, and fafety of their conftituents in particular,,
and America in general-.
And whereas the independence of the United States of America has been alfo de-
clared, Gil the fourth day of July, one thoufand feven hundred and feventy fi*, by
the faid Honorable Congrefs, and all politic:! connection between them, and the
crown of Great. Britain, is in cenfequence thereof diflblved.
We therefore the reprefentatives of the people, from whom all cower originates,
and for whofe benefit all government is intended,, by virtue of the power delegated
to us, Do ordain and declare, and it is hereby ordained and declared, that the follow-
ing rules and regulations be adopted for the future government of this State.
L The
* Tlys CoaftitMtion gave place to the Conftkution of i?26. — p. 23,
8 DIGESTOFTHE
Legiflativc, ex- j# The legi{]ative, executive, and judiciary departments fliall be feparate and dif-
ecutive and ju- . _ _ ., . , '.
diciavy depart- imct, fo that neither exercife the powers properly belonging to the other.
inents diftiiict.
Eledlion of Re- H. The legiflature of this State ihall be compofed of the reprefentatives of the
preventatives. people, as is herein after pointed out : and the reprefentatives fhall be elected yearly,
and every year, on the fir ft Tuefday in December, and the reprefentatives fo elected
fhall mee^t the firft Tuefday in January following, at Savannah, or any other place or
places where the Hcufe of Affembly for the time being fhall direct.
Governor&ex- ®n tne m"ft ^ay °^ tn^ meeting of the reprefentatives fo chofen, they fhall proceed
ecutive council, to the choice of a Governor, who fhall be (tiled Honorable; and of an executive coun-
cil, by ballot out of their own body; viz. two from each county, except thofe coun-
ties which are not yet entitled to fend ten members. One of each county fhall always
attend, where the governor refides, by monthly rotation; unlefs the members of
each county agree for a longer or fhorter period; this is not intended to exclude ei-
ther member attending: the remaining number of reprefentatives fhall be called the
Houfe of Affembly: and the majority of the members of the faid houfe fhall have
power to proceed on bufinefs.
Affembly to be m. ;[t flwU be an unaiterable rule, that the Houfe of Affembly fhall expire, and
JJ Tl T1 1 1 Jl 1
be at an end yearly and every year, on the day preceding the day of election menti-
oned in the foregoing rule.
Ten members jyt The reprefentation fhall be divided in the following manner, ten members
ty except Liber- from each county, as is herein after directed, except the county of Liberty, which
ty— -fourteen. contains three parifhes, and that fhall be allowed fourteen.
Wilkes county. The ceded lands north of Ogechee fhall be one county, and known by the name
of Wilkes.
Richmond. The parifh of St. Paul fhall be another county, and known by the name of Rich-
mond.
Burke. The parifh of St. George mail be another county, and known by the name of
Burke.
Effingham. The parifh of St. Matthew, and the upper part of St. Philip, above Canouchee,
fhall be another county, and known by the name of Effingham.
Chatham. The parifh of Chrift Church, and the lower part of St. Philip, below Canouchee,
fhall be another county, and known by the name of Chatham.
Liberty. The parifhes of St. John, St. Andrew, and St. James, fhall be another county
and known by the name of Liberty.
Glynn. The parifhes of St. David and St. Patrick fhall be another county, and known by
the name of Glynn.
Camden. The parifhes of St. Thomas and St. Mary fhall be another county, and known by
the name of Camden.
Port tnd town The port and town of Savannah fhall be allowed four members to reprefent their
ot Savannah, * A
four members, trade.
The
LAWS OF GEORGIA.
9
The port and town of Sunbury (hall be allowed two members to reprefent their trade. Sunbury, two
L J members.
V. The two counties of Glynn and Camden {hall have one reprefentative each, and Glynn & Cam-
alfo they, and all other counties that may hereafter be laid out by the houfe of af- feenntat°"e rHch.
fembly, fhall be under the following regulations, viz. At their firft inflitution, each Reprefentative*
county fhall have one member, provided the inhabitants of the faid county fhall have apponbued1 '
ten electors ; and if thirty, they fhall have two; if forty, three ; if fixty, four; if
eighty, fix ; if an hundred and upwards, ten ; at which time two executive coun-
feilors fhall be chofen from them, as is directed for the other counties.
VI. The reprefentative s fhall be chofen out of the refidents in each county, who Qualification of
{hall have refided at leaft twelve months in this State, and three months in the county RcPr«*Hta?*vxs
where they fhall be elected ; except the freeholders of the counties of Glynn and
Camden, who are in a Mate of alarm, and who fhall have the liberty of chufing one
member each, as fpecified in the articles of this conftitution, in any other county, un-
til they have refidents fufficient to qualify them for more : And they {hall be of the
proteftant religion, and of the age of twenty one years, and fhall be poffeffed in their
own right of two hundred and fifty acres of land, or fome property to the amount of
two hundred and fifty pounds.
VII. The houfe of affembly fhall have power to make fuch laws and regulations AffemMy to
as may be conducive to the good order and well being of the State ; provided fuch laws ™ak| |fws
and regulations be not repugnant to the true intent and meaning of any rule or regu-
lation contained in this conftitution.
The houfe of alfembly fhall alfo have power to repeal all laws and ordinances May repeal laws
they find injurious to the people : And fhe houfe fhall chufe its own fpeaker, appoint fbujue lts{,j'w*
its own officers, fettle its own rules of proceeding, and direct writs of election for point its officers
fupplying intermediate vacancies ; and fhall have power of adjournment to any time vC'
or times within the year. K
VIII. All laws and ordinances {hall- be three times read, and each reading fhall be Manner of pafi"-.
on different and feparate days, except in cafes of great neceffity and danger; and all u;s?lavV!>6an,ior~
laws and ordinances fliall be fent to the executive council after the fecond reading,
for their perufal and advice.
IX. All male white inhabitants, of the age of twenty one years, and poffefled in Qualifications
his own right of ten pounds value, and liable to pav tax in this State, or being of °.te!ei&0{'s;el'-*c-
°. i n i i tioa by ballot,
any mechanic trade, and mall have been refideht fix months in this State, {hall have
a right to vote at all elections for reprefentatives, or any other officers, herein agreed
to be chofen by the people at large; and every perfon having a right to vote at any
election, fhall vote by ballot perfonally.
X. No officer whatever fhall ferve any procefs, or give any other hindrance to Elections to ba
any perfon entitled to vote, either in going to the place of election, or during the 'rree arK* °PL1 °
time of the laid election, or on their returning home from fuch election; nor {hall
any military officer, or foldier, appear at any election in a military character, to the
intent that all elections may be free and open.
B- XL. Na-
io DIGEST OF THE
Perfons to vote XI. No perfon (hall be entitled to more than one vote, which {hall be given in the
fid^dtieo^no- county where fuch perfon refides, except as before excepted ; nor fhall any perfon
bilky difcjualifi- who holds any title of nobility be entitled to a vote, or be capable of fervi ng as a re-
prefentative, or hold any poll of honor, profit or truft in this State, whilft fuch
perfon claims his title of nobility; but if the perfon fhall give up fuch diftinction, in
the manner as may be directed by any future legiflature, then, and in fuch cafe, he
fhall be entitled to a vote, and reprefent, as before directed, and enjoy all the other
benefits of a free citizen.
Perfons not vet- XII. Every perfon abfenting himfelf from an election, and fhall neglect to give in
,.;.: fubje& to hjg or their ballot, at fuch election, fhali be fubject to a penalty not exceeding five
pounds; the mode of recovery, and alfo the appropriation thereof, to be pointed
out and directed by act of the legiflature ; provided neverthelefs, that a reafonable
excufe fhall he admitted
Reprefentatives XIII, The manner of electing reprefentatives fhall be by ballot, and fhall be taken
i° ^e.,ele':fted by two or more juftices of the peace, in each county, who fhall provide a convenient
box for receiving the faid ballots; and on clofmg the poll, the ballots fhall be com-
pared in public, with the lift of votes, that have been taken, and the majority imme-
diately declared; a certificate of the fame being given to the perfons elected, and al-
fo a certificate returned to the houfe of reprefentatives.
Ek&or's oath. XIV. Every perfon entitled to vote fhall take the following oath, or affirmation,
if required, viz.
' I A. B. do voluntarily and folemnly fwear, or affirm as the cafe may be, that I
do owe true allegiance to this State, and will fupport the conftitution thereof. So
help me God.'
Reprefentatives XV. Any five of the reprefentatives elected, as before directed, being met, fhall
have power to adminifter the following oath to each other; and they or any other
member, being fo fworn, fhall in the houfe adminifter the oath, to all other mem-
bers that attend, in order to qualify them to take their feats, viz.
Oath. * I A. B. do folemnly fwear, that I will bear true allegiance to the State of Geor-
gia, and will truly perform the trufts repofed in me; and that I will execute the
fame to the belt of my knowledge, for the benefit of this State, and the fupport of
the conftitution thereof; and that I have obtained my election without fraud or
bribe whatever., So help rne God.'
Continental de- XVI. The continental delegates fhall be appointed annually by ballot, and fhall
legates to be ap- jjave * right to fit, debate and vote, in the houfe of aflembly, and be deemed a part
pointed annu- .
ally, and deern- thereof; (abject however to the regulations contained in the twelfth article of the
aifembly.0 ' 'C confederation of the United States.
w, ^ * _ XVII. No perfon bearing any poll of profit under this State, or any perfon bear-
incapable of a ing any military commiffion, under this or any other State or States, except officers
of the militia, fhall be elected a reprefentative. And if any reprefentative fhall be
appointed
oath bow adnn
niftered.
LAWS OF GEORGIA. n
appointed to any place of profit or military commiffion, which he mail accept, his
feat fhall immediately become vacant, and he fhall be incapable of re-election whilft
holding fuch office.
By this article, it is not to be underftood that the office vof a juflice of the peace is
a poll of profit.
XVIII. No perfon fhall hold more than one office of profit, under this State, at No perfon to
one and the fame time. hold more than
oneomceoipro-
XIX. The governor fhall, with the advice of the executive council, exercife the PoWers of gov-
executive powers of government, according to the laws of this State and the confti- ern.or and e.xe-
tution thereof; fave only in the cafe of pardons, and remiflion of fines, which he
fhall in no inftance grant; but he may reprieve a criminal, or fufpend a fine, until
the meeting of the aflembly, who may determine therein as they fhall judge fit.
XX. The governor, with the advice of the executive council, fhall have power to May convene
call the houfe of of aflembly together, upon any emergency, before the time which I e a* em y'
they Hand adjourned to.
XXI. The governor, with the advice of the executive Council, fhall fill up all Fill up all va,
intermediate vacancies that fhall happen in offices 'til the next general election : cajCff„e\n
And all commiffions, civil and military, fhall be iffiied by the governor, under his commiffions.
hand, and the great feal of the State.
XXII. The governor may prefide in the executive council at all times, except Governor when
when they are taking into confideration, and perufing the laws and ordinances offered councii,
to them by the houfe of aflembly.
XXIII. The governor fhall be chofen annually by ballot, and fhall not be eligible How chofen &
to the faid office for more than one year out of three, nor (hall he hold any mill- " e lgn e
tary commiffion under any other State or States.
The governor fhall refide at fuch place as the houfe of aflembly for the time being His refidence,
fhall appoint.
XIV. The governor's oath:
' I, A. B, elected governor of the State of Georgia, by the reprefentativcs there-
of, do folemnly promife and fwear, that I will, during the term of my appointment,
r'o the bed of my fkill and judgment, execute the faid office faithfully and confcien-
tioufly, according to law, without favor, affection, or partiality; that I will, to the
utmofl of my power, fupport, maintain, and defend the State of Georgia, and the
conftitution of the fame; and ufe my utmofl endeavors to protect the people thereof
in the fecure enjoyment of all their rights, franchifes and privileges; and that the
laws and ordinances of the State be duly obferved, and that law and juftice in mercy
be executed in all judgments. And I do further folemnly promife and fwear, that I
will peaceably and quietly refign the government to which I have been elected, at
')■" period to which my continuance in the faid office is limited by the conditution :
And
Oath,
52
DIGEST OF THE
And laftly, I do alfo folemnly fwear, that I have not accepted of the government
whereunto I am elected, contrary to the articles of this conftitution. So help me God.'
This oath to be adminiftered to him by the fpeaker of the afTembly.
President's oath The fame oath to be adminiftered by the fpeaker to the prefident of the council.
No perfon fhall be eligible to the office of governor who has not refided three
years in this State.
XXV. The executive council fhall meet the day after their election, and proceed
to the choice of a prefident out of their own body — they (hall have power to appoint
their own officers, and fettle their own rules of proceedings.
The council {hall always vote by counties, and not individually.
XXVI. Every counfellor, being prefent, fhall have power of entering his proteft
againft any meafures in council he has not confented to; provided he does it in three
days.
XXVII. During the fitting of the afTembly, the whole of the executive council
fhall attend, unlefs prevented by ficknefs, or fome other urgent neceffity; and in that
cafe, a majority of the council fhall make a board to examine the laws and ordi-
nances fent them by the houfe of afTembly j and all laws and ordinances fent to
the council fhall be returned in five days after, with their remarks thereon.
XXVIII. A committee from the council, fent with any propofed amendments to
any law or ordinance, fhall deliver their reafons for fuch propofed amendments,
fitting and covered ; the whole houfe at that time, except the fpeaker,- unco-
vered.
XXIX. The prefident of the executive council, in the abfence or ficknefs of the
governor, fhall exercife all the powers of the governor.
XXX. When any affair that requires fecrecy fhall be laid before the governor,
and the executive council, it fhall be the duty of the governor, and he is hereby
obliged to adminifter the following oath, viz.
* I A. B. do folemnly fwear, that any bufinefs that fhall be at this time commu-
nicated to the council, I will not, in any manner whatever, either by fpeaking,
writing, or otherwife reveal the fame, to any perfon whatever, until leave given
by the council, or when called upon by the houfe of afTembly ; and all this I fwear
without any refervation whatever. So help me God.'
And the fame oath fhall be adminiftered to the fecretary and other officers ne-
ceiTary to carry the bufinefs into execution.
XXXI. The executive power fhall exift 'til renewed as pointed out by the rules
of this conftitution.
Prefident & of-
ficers of council
how appointed.
Council to vote
by counties.
Proteft how en-
tered.
Powers of coun-
cil refpeiting
laws and ordi-
nances.
Propofed
amendments
how delivered.
Prefident when
fo act as gover-
nor. , >
Governor may
adminifter oath
ef fecrecy K>
council.
Oath.
To iecretary &c
Executive pow-
er how long to
exift.
XXXII.
LAWS OF GEORGIA. i3
XXXII. In all tranfa&ions between the legiflative and executive bodies, the fame Legiflature and
fliall be communicated by mefTage, to be delivered from the legiflative body to ^cutl Iee traene£
the governor, or executive council, by a committee ; and from the governor to the them how ma-
houfe of affembly, by the fecretary of the council ; and from the executive coun- naSed-
cil, by a committee of the faid council.
XXXIII. The governor, for the time being, fhall be captain general and com- Governor's mi-
mander in chief over all the militia, and other military and naval forces belonging lltary tItle*
to this State.
XXXIV. All militia commiflions fhall fpecify, that the perfon commiffioned Militia com-
/, 11 . . j ILL- millions how
fhall continue during good behaviour. lon to conti_
nae.
XXXV. Every county in this State that has, or hereafter may have, two hun- Batta];ors how
dred and fifty men, and upwards, liable to bear arms, fhall be formed into a bat- formed.
talion ; and when they become too numerous for one battalion, they fhall be formed
into more, by bill of the legiflature ; and thofe counties that have a lefs number
than two hundred and fifty, fhall be formed into independent companies.
XXXVI. There fhall be eftablifhed in each county a court, to be called a Superior court
Superior Court, to be held twice in each year. On the firft Tuefday in March in the anywhere \olc
county of Chatham ; held.
The fecond Tuefday in March, in the county of Effingham ;
The third Tuefday in March, in the county of Burke ;
The fourth Tuefday in March, in the county of Richmond ;
The next Tuefday in the county of Wilkes ;
And Tuefday fortnight, in the county of Liberty ;
The next Tuefday in the county of Glynn ;
The next Tuefday in the county of Camden ;
The like courts to commence in Odtober, and continue as above.
XXXVII. All caufes and matters of difpute, between any parties refiding in the Matters in dif
fame county, to be tried within the county. Pute*
XXXVIII. All matters in difpute between contending parties, refiding in dif- Where tried.
ferent counties, fhall be tried in the county where the defendant refides, except
in cafes of real eflates, which fhall be tried in the county where fuch real eftate lies.
XXXIX. All matters of breach of the peace, felony, murder, and treafon againft Criminals
the State, to be tried in the county where the fame was committed. All matters of w ere tne '
difpute, both civil and criminal, in any county where there is not a fufficient num-
ber of inhabitants to form a court, fhall be tried in the next adjacent county where
a court is held.
XL. All caufes, of what nature Toever, fhall be tried in the fupreme court, Superior court
except as hereafter mentioned ; which court fhall confift of the chief juftice, and Junfdl<ai0D-
three
14 .AlBflfcpg®^. OF THE
three or'feof&<0$(itfe"e*f6l^6%si-if«fiS'Jft^ in the county j in cafe of the abfence of the
chief juftice, triV-ffefiiofr j^&fcebo'ff the bench fhall zOl as chief juftice, with the clerk
of the county, attorney for the ftate, fheriff, coroner, conftable, and the jurors.
And in cafe of the abfence of any of the aforementioned officers, the juftices to
appoint others in their room pro tempore. And if any plaintiff or defendant in civil
caufes fhall be diffatisfied with the determination cf the jury, then, and in that cafe,
Appeals how to they fhall be at liberty within three days to enter an appeal from that verdict, and
fee tried. demand a new trial by a fpecial jury, to be nominated as follows, viz. each party,
plaintiff and defendant, fhall chufe fix, fix more names fhall be taken indifferently
out of a box provided for that purpofe, the whole eighteen to be fummoned, and
their names to be put together into the box, and the firft twelve that are drawn
out, being prefent, mail be the fpecial jury to try the caufe, and from which there
fhall be no appeal.
jury, judges of XLI. The jury fhall be judges of law, as well as of fact, and fhall not be al-
law and Fact, lowed to bring in a fpecial verdict ; but if all, or any of the jury, have any doubts
concerning points of law, they fhall apply to the bench, who fhall each of them in
rotation give their opinion.
Howfwom, XLII. The jury fhall be fworn to bring in a verdict according to law, and the
opinion they entertain of the evidence ; provided it be not repugnant to the rules
and regulations contained in this conftitution.
Special jury XLIII. The fpecial jury fhall be fworn to bring in a verdict according to law,
and the opinion they entertain of the evidence ; provided it be not repugnant to
juftice, equity, and confcience, and the rules and regulations contained in this con-
ftitution, cf which they fhall judge.
"aptures by fea XLIV. Captures, both by fea and land, to be tried in the county where fuch
a. d land where fl^j ^e carrie<:i \n ■ a fpecial court to be called by the chief juftice, or in his ab-
snu how tried. ,,,-..„..,,.., ,. e ,
fence, by the then fenior juftice in the laid county, upon application or the cap-
tors, or claimants, which caufe fhall be determined within the fpace of ten days.
The mode of proceeding and appeal fhall be the fame as in the fuperior courts ;
unlefs after the fecond trial, • an appeal is made to the Continental Congrels ; and
the diftance of time between the firft and fecond trial {hall not exceed fourteen
days : And all maritime caufes to be tried in like manner.
Grand jury. XLV. No grand jury fhall confift of lefs than eighteen, and twelve may find a bill.
_ ' (•„„•„/■; XL VI. That the court of confcience be continued as heretofore praftifed, and that
enee. the jurisdiction thereof be extended to try caufes not amounting to more than ten
pounds.
ExecmTonshow XLVII. All executions exceeding five pounds, except in the cafe of a court mer-
-'£r-(]- chant, fhall be flayed until the firft Monday in March; provided fecurity be given
for debt and colts.
XLVII I.
LAWS OF GEORGIA. 15
XLVIII. All. the cofts attending any action in the fuperiour court {hall not exceed Superior court
^■^ coirs c 3 nff^
the fum of three pounds, and that no caufe be allowed to depend in the fuperior how'longto
court longer than two terms. continue.
XLIX. Every officer of the State (hall be liable to be called to account by the officers how
rr 1 1 catted to ac-
houfe or aflembly. count.
L. Every county fhall keep the public records belonging to the fame, and authen- Public records
ticated copies of the feveral records now in the pofTeflion of this State (hall be made vv ere pt*
out and depofited in that county to which they belong.
LI. * Eftates fhall not be entailed ; and when a perfon dies inteftate, his or her Eftates not tobe
eftate fliall be divided equally among their children ; the widow fhall have a child's divided.'
fhare, or her dower, at her option; all other inteftates eftates to be divided accord-
ing to the act of diftribwtion, made in the reign of Charles the fecond, unlefs other-
wife altered by any future act of the legiflature.
LII. A regifter of probates fhall be appointed by the legiflature in every county, *e^ftheJ °f Pro"
for proving wills, and granting letters of adminiftration. pointed.
LIII. All civil officers in each county fliall be annually elected on the day of the County officers
general election; except juftices of the peace, and regifters of probates, who fhall be ' arP0intC(i'
appointed by the houfe of aflembly.
LIV. Schools fhall be erected in each county, and fupported at the general ex- Public fihooU.
pence of the State, as the legiflature fhall hereafter point out.
LV. A court houfe and jail fhall be erected at the public expence in each county, Court-houfes
where the prefent convention, or the future legiflature fhall point cut and direct. a" 3 :' '
LVI. All perfons whatever fhall have the free exercife of their religion; provided Pv.eligioustoler-
it be not repugnant to the peace and fafety of the State; and fhall not, unlefs by
confent, fupport any teacher, or teachers, except thofe of their own profeffion.
LVII. The great feal of this State fhall have the following device: on one fide a Great ftal its
fchrol!, whereon fhall be engraved, The Conftitution of the State of Georgia ; and dlvKe-
the motto, Pro bono publico ; — on the other fide, an elegant houfe, and other build-
ings, fields of corn, and meadows covered with fheep and cattle; a river running
through the fame, with a fliip under full fail, and the motto, Deus nobis hac otiajecit.
LVIII. No perfon fhall be allowed to plead in the courts of law in this State, Actotfoies how
except thofe who are authorifed fo to do by the houfe of aflembly; and if any per- aanuUc;d'
fon fo authorifed fhall be found guilty of mal practice before the houfe of affembly,
they fhall have power to fufpend them. This is not intended to exclude any peifon
from that inherent privilege of every freeman> the liberty to plead his own caufe.
LIX. Exceffive fines fliall not be levied, nor exceffive bail demanded, finest
LX.
* See aft of 17S5, No. 307,
ail rot
I<>
DIGEST OF THE
Habeas Corpus. j^x. The principles of the habeas corpus act fhall be a part of this constitution.
LXI. Freedom of the prefs, and trial by jury, to remain inviolate forever.**
Freedom of preis
& trial by jury.
Clergymen in- LXII. No clergyman, of any denomination, fhall be allowed a feat in the legif-
lature.
eligible.
This conftitu-
tion how alter-
ed
LXIII. No alteration mall be made in this conftitution, without. petitions from a
majority of the counties, and the petitions from each county to be figned by a majo-
rity of voters in each county within this State: At which time the affembly fhall order
a convention to be called for that purpofe, fpecifying the alterations to be made, ac-
cording to the petitions preferred to the afTembly by the majority of the counties
as aforefaid.
DONE at Savannah, in Convention, the fifth day of February, in .the year
of our Lord one thoufand feven hundred and feventy-feven, and in the
flrfl year of the Independence of the United States of America.
A. D. 1670.
22 & 23 c. 2.
c. 10.
Alt ordinaries
who have pow-
er to grant ad-
miniftrations,
have power to
take bond.
Vanghan, 96.
31 Ed. 3. c. ii.
The condition
•f the bonds.
An aft for the better fettling of Intef cites EJl cites.
E it enacted. That all ordinaries, as well the judges of the prerogative courts of
Canterbury and Tork for the time being, as all other ordinaries and ecclefiaftical
judges and every of them, having power to commit adminiftration of the goods of per-
fons dying inteftate, fhall and may upon their refpective granting and committing of
administrations of the goods of perfons dying inteftate, after the i ft day of June,.
167 1, of the refpective perfon or perfons to whom any adminiftration is to be com-
mitted, take fufficient bonds with two or more able fureties, refpect being had to
the value of the eftate, in the name of the ordinary, with the condition in form and
manner following, mutatis mutandis, viz.
" II. The condition of this obligation is fuch, That if the within bounded A. B. ad-
ministrator of all and lingular the goods, chattels and credits of C. D. deceafed,
do make or caufe to be made a true and perfect inventory of all and fingular the
goods, chattels and credits of the faid deceafed, which have or fhall come to the
hands, poffeffion or knowledge of him the faid A. B. or into the hands and poffef-
fion of any other perfon or perfons for him, and the fame fo made do exhibit or
caufe to be exhibited into the regiftry of court, at or before
the day of next enfuing 5(2) and the fame goods, chat-
tels and credits, and all other the goods, chattels and credits of the faid deceafed
at the time of his death, which at any time after fhall come to the hands or pofTef-
fion of the faid A. B. or into the hands and poffefiion of any other perfon or per-
fons for him, do well and truly adminifter according to law: (3) And further, do
make or caufe to be made, a true and juft account of his faid adminiftration, at or
before the day of And all the reft and
refidue of the faid goods, chattels and credits which fhall be found
remaining
M
upon
LAWS OF GEORGIA.
17
t(
a
a
a
a
a
tt
u
upon the faid adminiftrator's account, the fame being firft examined and allowed of
by the judge or judges for the time being of the faid court, fhall deliver and pay unto
fuch perfon or perfons refpectively, as the faid judge or judges by his or their de-
cree or fentence, purfuanl to the true intent and meaning of this act, -fhall limit
and appoint. (4) And if it fhall hereafter appear, that any laft will and teftament
was made by the faid deceafed, and the executor or executors therein named do
exhibit the fame into the faid court, making requefl to have it allowed and appro-
ved accordingly, if the faid A. B. within bounden, being thereunto required, do
render and deliver the faid letters of adminiftration (approbation of fuch teftament
being firft had and made) in the faid court, then this obligation to be void and of
" none effect, or elfe to remain in full force and virtue."
III. Which bonds are hereby declared and enacted to be good to all intents and
purpofeS, and pleadable in any courts of juftice: (2) And alfo that the faid ordinaries
and judges refpectively, fhall and may, and are enabled to proceed and call fuch
adminiftrators to account, for and touching the goods of any perfon dying inteftate;
(3) and upon hearing and due confederation thereof, to order and make juft and
equal diftribution of what remaineth clear (after all debts, funerals and juft expences
of every fort firft allowed and deducted) amongfl the wife and children, or children's
children, if any fuch be, or otherwife to the next of kindred to the dead perfon in
equal degree, or legally reprefenting their flocks pro fuo cuique jure, according to the
laws in fuch cafes, and the rules and limitation hereafter fet down: And the fame diftri-
brutions to decree and fettle, and to compel fuch adminiftrators to obferve and pay
the fame, by the due courfe of his majefty's ecclefiaftical laws: (4) Saving to every
one, fuppofing him or themfelves aggrieved, their right of appeal as was always in
fuch cafes ufed.
V. Provided always, That all ordinaries and every other perfon who by this act is
enabled to make diftribution of the furplufage of the eftate of any perfon dying intef-
tate, fhall diftribute the whole furplufage of fuch eftate or eftates in manner and
form following, that is to fay, (2) one third part of the faid furplufage to the wife
of the inteftate, and all the refidue by equal portions, to and amongft the children of
fuch perfons dying inteftate, and fuch perfons as legally reprefent fuch children, in
cafe any of the faid children be then dead, other than fuch child or children (not
being heir at law) who fhall have any eftate by the fettlement of the inteftate, or
fhall be advanced by the inteftate in his life time, by portion or portions equal to the
fhare which fhall by fuch diftribution be allotted to the other children to whom fuch
diftribution is to be made: (3) And in cafe any child, other than the heir at law,
who fhall have any eftate by fettlement from the faid inteftate, or fhall be advanced
by the faid inteftate in his life time by portion not equal to the fhare which will be
due to the other children by fuch diftribution as aforefaid; then fo much of the fur-
plufage of the eftate of fuch inteftate, to be diftributed to fuch child or children as
fhall have any land by fettlement from the inteftate, or were advanced in the life time
of the inteftate, as fhall make the eftate of all the faid children to be equal as near as
C can
1 Salle.
315,
Ordinaries have
power to call
adminiftrators
to account, and
to make diftri-
bution amongft;
the wife and
children, &c.
Vin. v. 14,464.
Wood, p. 1.159,
explained by I.
Jac. a. c. 17.
fecSt. 8.
Skinner 26.
How and to
whom the fur-
plufage is to be
diftributed.
2 Mod. ao, 101.
3 Mod. 58.
1 Vern. 465.
Advancement
by portion.
1 Shower 2?.
i8
DIGEST OF THE
Heir at law to
have an equal
part.
1 Ven. 3 to.
a Lev. 173.
2 Ven. 317.
1 Mod. 209.
2 Mod. 204.
If no wife, then
to be diftribut-
ed amongft the
children.
1 Sack. 250.
Raymond 496.
Carthew 5 £.
jofU'sfirTho. 93
2 Vernon, 169,
I/O. 233-
No diitribution
'till a(ter one
year. If debts
afterwards ap-
pear, then all
to refund pro-
portionably.
This a£ fhall
not extend to
adminifiration
cum teftamento
ar.neso.
can be estimated: (4^ But the heir at law, notwithstanding any lands that he fhall
have by defcent dr otherwife from the inteftate, is to have an equal part in the diftri-
bution with the reft of the children, without any confederation of the value of the
land which he hath by defcent, or otherwife, from the inteftate.
VI. And in cafe there be no children nor any legal reprefentatives of them, then
one moiety of the faid eftate to be allotted to the wife of the inteftate, the refidue of
the faid eftate to be diftributed equally to every of the next kindred of the inteftate,
who are in equal degree, and thofe who legally reprefent them.
VII. Provided, That there be no reprefentations admitted among collaterals after
brothers and filters children: {7) And in cafe there be no wife, then all the faid ef-
tate to be diftributed equally to and amongft the children: (3) And in cafe there be
no child, then to the next of kindred in equal degree, of or unto the inteftate, and
their legal reprefentatives as aforefaid, and in no other manner whatfoever.
VIII. Provided alfo, and be it likeivife enabled, To the end that a due regard be had
to the creditors, that no fuch diitribution of the goods of any perfon dying inteftate to be
made till after one year be fully expired after the inteftate' s death 5 (2) and that fuch
and every one to whom any diftribution and fhare fliall be allotted, fhall give bond
with fufficient fureties in the faid courts, that if any debt or debts truly owing by
the inteftate fhall be afterwards fued for and recovered, or otherwife duly made to
appear, that then and in every fuch cafe he or fhe fhall refpectively refund and pay
back to the administrator his or her rateable part of that debt or debts, and of the
cofts of fuit and charges of the administrator by reafon of fuch debt, out of the part
and fhare fo as aforefaid allotted to him or her, thereby to enable the faid admini-
strator to pay and fatisfy the faid debt or debts fo difcovered after the diftribution
made as aforefaid.
IX. Provided always, In all cafes where the ordinary hath ufed heretofore to grant
administration cum teftamento annexo, he fhall continue fo to do, and the will of the
deceafed in fuch teftament expreSTed fliall be performed and obferved in fuch manner
as it fhould have been if this att had never been made.
An Acl for the better fe curing the liberty of the fubjecl, and for
prevention of imprifonment s beyond the feas.
WHEREAS great delays have been ufed by Sheriffs, jailors and other officers,
to whofe cuftody any of the king's fubjetSts have been committed for cri-
minal or fuppofed criminal matters, in making returns of writs of habeas corpus to
them directed, by Standing out on alias and pi uries habeas corpus, and fometimes
more, and by other Shifts to avoid their yielding obedience to fuch writs, contrary
to their duty and the known laws of the land, whereby many of the king's fubjects
have been and hereafter may be long detained in prifon, in fuch cafes where by law
they are bailable, to their great charges and vexation :'
II.
LAWS OF GEORGIA. rg
II. For the prevention whereof, and the more fpeedy relief of all perfons impri- writs of habeas
foned for any fuch criminal or fuppofed criminal matters ; (2) Be it enabled, That e°rt"" ,within
r r n iii ''• r; i-oi r, three days after
whenfoever any perlon or perions mail bring any habeas corpus directed unto any lheriff ferviee to be re-
or fheriffs, gaoler, minifter, or other perfon whatfoever, for any perfon in his or their jurjie(i,..andit,7
cuftody, and the faid writ fhaLl be ferved upon the faid officer, or left at the gaol or within aomiles,
prifon with any of the under officers, under keepers^ or deputy of the faid officers or vicn'# v
keepers, that the faid officer or officers, his or their under officers, under keepers or 209. &c.
deputies, fhall within three days after the ferviee thereof as aforefaid, (unlefs the
commitment aforefaid were for treafon or felony, plainly and fpecially expreffed in
the warrant of commitment) upon payment or tender of the charges of bringing the
faid prifoner, to be afcertained by the judge or court that awarded the fame, and en-
dorfed upon the faid writ, not exceeding twelve pence per mile, and upon fecurity
given by his own bond to pay the charges of carrying back the prifoner, if he fhall be
remanded by the court or judge to which he fhall be brought according to the true
intent of this prefent act, and that he will not make any efcape by the way, make
return of fuch writ, (3 ) and bring or caufe to be brought the body of the party fo
committed or reftrained, unto or before the lord chancellor, or lord keeper of the
great feal of England for the time being, or the judges or barons of the faid court
from whence the faid writ fhall iflue, or unto and before fuch other perfon or perfons
before whom the faid writ is made returnable, according to the command thereof;
(4) and fhall then likewife certify the true caufes of his detainer or imprifonment,
unlefs the commitment of the faid party be in any place beyond the diftance of twenty
miles from the place or places where fuch court or perfon is or fhall be refiding ; and
if beyond the diftance of twenty miles, and not above one hundred miles, then within
the fpace of ten days, and if beyond the diftance of one hundred miles, then within
the fpace of twenty days, after fuch delivery aforefaid, and not longer.
III. And to the intent that no fheriff, gaoler, or other officer may pretend igno- Such writs how
ranee of the import of any fuch writ; (2) Be it enabled by the authority aforefaid, tobemarked-
That all fuch writs fhall be marked in this manner, Per Statutum iricefmo, primo Caroli Writs of habeas
Secundi Regis, and fhall be figned by the perfon that awards the fame ; (3) and if p^eedtn s
any perfon or perfons fhall be or ftand committed or detained as aforefaid, for any thereon in va-
crime, unlefs for felony or treafon plainly expreffed in the warrant of commitment,
in the vacation time, and out of term, it fhall and may be lawful to and for the per-
fon or perfons fo committed or detained (other than perfons convicted or in execution
by legal procefs) or any one on his or their behalf, to appeal or complain to the lord
chancellor or lord keeper, or any one of his majefty's juftices, either of the one bench
or of the other, or the barons of the exchequer of the degree of the coif; (4) and the
faid lord chancellor, lord keeper, juftices or barons or any of them, upon view of the
copy or copies of the warrant or warrants, of commitment and detainer or otherwifc
upon oath made, that fuch copy or copies/ were denied to be given by fuch perfon
or perfons in whofe cuftody the prifoner or prifoners is or are detained, are hereby au- .
thorifed and required, upon requeft made in writing by fuch perfon or perfons, or any
on his, her or their behalf, attefted and fubferibed by two witneffes who were prefent
at the delivery of the fame, to award and grant an habeas corpus under the feal of fuch
court
20 DIGEST OF THE
court whereof (hall then be one of the judges, (5) to be directed to the officer or officers
in whofe cuftody the party fo committed or detained (hall be returnable immediate be-
fore the faid lord chancellor or lord keeper, or fuch juftice, baron, or any other juftice
or baron of the degree of the coif of any of the faid courts; (6) and upon fervice there-
of as aforefaid, the officer or officers, his or their under officer or under officers,
under keeper or under keepers, or their deputy in whofe cuftody the party is fo com-
mitted or detained, mall within the time refpe£tively before limited, bring fuch pri-
foner or prifoners before the faid lord chancellor or lord keeper, or fuch juftices,
barons or one of them, before whom the faid writ is made returnable, and in cafe
of his abfence before any other of them, with the return of fuch writ, and the true
caufes of the commitment and detainer; (7) and thereupon within two days after the
party fhall be brought before them, the laid lord chancellor or lord keeper, or fuch
juftice or baron before whom the prifoner fhall be brought as aforefaid, fhall difcharge
the faid prifoner from his imprifonment, taking his or their recognizance, with one
or more furety or fureties, in any fum according to their difcretions, having regard
to the quality of the prifoner and nature of the offence, for his or their appearance in
the court of king's bench the term following, or at the next affizes, feffions or general
gaol delivery of and for fuch county, city or place where the commitment was, or
where the offence was committed, or in fuch other court where the faid offence is
properly cognizable, as the cafe fhall require, and then fhall certify the faid writ
with the return thereof, and the faid recognizance or recognizances into the faid
court where fuch appearance is to be made; (8) unlefs it fhall appear unto the faid
lord chancellor or lord keeper, or juftice or juftices, or baron or barons, that the
party fo committed is detained upon a legal procefs, order or warrant, out of fome
court that hath jurifdiclion of criminal matters, or by fome warrant figned and fealed
with the hand and feal of any of the faid juftices or barons, or fome juftice or juftices
of the peace, for fuch matters or offences for the which by the law the prifoner is,
not bailable.
Peribnsneg!e&- IV. Provided always, and be it enacted, That if any perfon fhall have wilfully neg-
mg two terms ]e^e(j Dy the fpace of two whole terms after his imprifonment, to pray a habeai cor-
to pray a habeas ' r r _ .
,o^»j,fhailhave pus for his enlargement, fuch perfon fo wilfully neglecting fhall not have any habeas
none m vacati- .p s to ^ granted in vacation time, in purfuance of this a£t.
on time in pur- * ° ...
fuance of this V. And be it further enacted by the authority aforefaid, That if any officer or officers,
3 " his or their under officer or under officers, under keeper or under keepers, or de-
be riraceeded a- puty, fhall neglect or refufe to make the returns aforefaid, or to bring the body
gainft for not or bodies of the prifoner or prifoners according to the command of the faid writ,
writs. within the refpective times aforefaid, or upon demand made by the prifoner or per-
fon in his behalf, fhall refufe to deliver, or within the fpace of fix hours after de-
mand fhall not deliver to the perfon fo demanding, a true copy of the warrant or
warrants of commitment and detainer of fuch prifoner, which he and they are
hereby required to deliver accordingly ; all and every the head gaolers and keepers
of fuch prifons, and fuch' other perfon in whofe cuftody the prifoner fhall be de-
tained, fhall for the fir ft offence forfeit io the prifoner or party grieved the fum of
OR©
LAWS OF GEORGIA. 2t
one hundred pounds ; (2) and for the fecond offence the fum of two hundred
pounds, and fhall and is hereby made incapable to hold or execute his faid office ;
(3) the faid penalties to be recovered by the prifoner or party grieved, his execu-
tors or adminiftrators, againft fuch offender, his executors or adminiftrators, by
any action of debt, fuit, bill, plaint or information, in any of the king's courts at
Wejlminfter, wherein no effoine, protection, privilege, injunction, wages of law,
or ftay of profecution by non vult ulterius pro/equi, or otherwife, fhall be admitted
or allowed, or any more than one imparlance ; (4) and any recovery or judgment
at the fuit of any party grieved fhall be a fufficient conviction for the fir ft offence ; and
may after recovery, or judgment at the fuit of a party grieved for any offence after
the firft judgment, fhall be a fufficient conviction to bring the officers or perfon with-
in the faid penalty for the feccnd offence.
VI. And for the prevention of unjuft vexation by reiterated commitments for the Perfons fet at
fame offence, (2) Be it enabled by the authority aforefaid, That no perfon or perfons /committed ^
which fhall be delivered or fet at large upon any habeas corpus, fhall at any time but by order of
hereafter be again imprifoned or committed for the fame offence by any perfon or
perfons whatfoever, other than by the legal order and procefs of fuch court wherein
he or they fhall be bound by recognizance to appear, or other court having juris-
diction of the cauie ; (3) and if any other perfon or perfons fhall knowingly, con-
trary to this act, recommit or imprifon, or knowingly procure or caufe to be re-
committed or imprifoned, for the fame offence or pretended offence, any perfon
or perfons delivered or fet at large as aforefaid, or be knowingly aiding or affifting
therein, then he or they fhall forfeit to the prifoner or party grieved the fum of
five hundred pounds ; any colorable pretence or variation in the warrant or war-
rants of commitment notwithftanding, to be recovered as aforefaid.
VII. Provided always, and be it further enabled, That if any perfon or perfons fhall Perrons com-
be committed for high treafon or felony, plainly and fpecially expreffed in the war- ™Itted fo^ trea"
rant of commitment, upon his prayer or petition in open court the firft week of the fhall be indidted
term, or firft day of the feffions of oyer and terminer and general goal delivery, to be o/iej^bau'1'"'
brought to his trial, fhall not be indicted fome time in the next term, feffions of oyer
and terminer or general gaol delivery, after fuch commitment •, it fhall and may be
lawful to and for the judges of the court of king's bench and juftices of oyer and termi-
ner or general gaol delivery, and they are hereby required, upon motion to them made
in open court the laft day of the term, feffions or gaol delivery, either by the prifoner
or any one in his behalf, to fet at liberty the prifoner upon bail, unlefs it appear to the
judges and juftices upon oath made, that the witneffes for the king could not be pro-
duced the fame term, feffions or general gaol delivery ; (2) and if any perfon or per- And tried the
fons committed as aforefaid, upon his prayer or petition in open court the firft week teTt"' ^c- af!e
J-r;A>1 _ or (lnchargea.
of the term or firft day of the feffions of oyer and terminer and general gaol delivery, to 1 Vent. 346.
be brought to his trial, fhall not be indicted and tried the fecond term, feffions of oyer
and terminer or general gaol delivery, after his commitment, or upon his trial fhall be
acquitted, he fhall be difcharged from his imprifonment.
VIII. Provided always. That nothing in this a-ct fhall extend to difcharge out of
prifon any perfon charged in debt, or other action, or with procefs in any civil caufe,
but
fter
22 DIGEST OF THE
but that after he fliall be difcharged of his imprifonment for fuch his criminal offence,
he fhall be kept in cuftody according to law for fuch other fuit.
IX. Provided always, and be it enaEled by the authority afore/aid, That if any per-
fon or perfons, fubjects of this realm, fliall be committed to any prifon or in cuftody
of any officer or officers whatfoever, for any criminal or fuppofed criminal matter,
that the faid perfon fhall not be removed from the faid prifon and cuftody into the
cuftody of any other officer or officers, (2) unlefs it be by habeas corpus or fome other
legal writ j or where the prifoner is delivered to the conitable or other inferior officer
to carry iuch prifoner to fome common gaol ; (3) or where any perfon is fent by or-
der of any judge of affize or juftice of the peace, to any common work-houfe or houfe
of correction j (4) or where the prifoner is removed from one prifon or place to ano-
ther within the fame county, in order to his or her trial or difcharge in due courfe of
law j (5) or in cafe of fudden fire or infection, or other neceffity j (6) and if any per-
fon or perfons fhall after fuch commitment aforefaid make out and fign, or counter-
fign any warrant or warrants for fuch removal aforefaid, contrary to this act, as well
he that makes or figns, or counterfigns fuch warrant or warrants as the officer or of-
ficers that obey or execute the fame, fhall fuffer and incur the pains and forfeitures
in this act before mentioned, both for the firft and fecond offence reflectively, to be
recovered in manner aforefaid by the party grieved.
, „ . , X. Provided alfo, and be it further enacled by the authority aforefaid. That it fhall
1 he penalty ior •> ' , . .
denying a ha- and may be lawful to and for any prifoner and prifoners as aforefaid, to move and ob-
mrtus' tain his or their habeas corpus as well out of the high court of chancery or court of
exchequer, as out of the courts of king's bench or common pleas, or either of them j
(2) and if the faid lord chancellor or lord keeper, or any judge or judges, baron or
barons for the time being, of the degree of the coif, of any of the courts aforefaid, in
vacation time, upon view of the copy or copies of the warrant or warrants of com-
mitment or detainer, or upon oath made that fuch copy or copies were denied as afore-
faid, fliall deny any writ of habeas corpus by this act required to be granted, being
moved for as aforefaid, they fliall feverally forfeit to the prifoner or party grieved
the fum of five hundred pounds, to be recovered in manner aforefaid.
XI. And be it declared and enacled by the authority aforefaid, That an habeas corpus
according to the true intent and meaning of this act, may be directed and run into
any county palatine, the cinque ports, or other privileged places within this kingdom
of England, dominion of Wales, or town of Berwick upon Tweed, and the illands of
Jerfey or Guernfey, any law or ufage to the contrary notwithftanding.
No fubjecls XII. And for preventing illegal imprifonments in prifons beyond the feas, (2) Be
foreign prifons. it further /inacled by the authority aforefaid, That no fubject of this realm that now is, or
% Vint. 314- hereafter fhall be an inhabitant or refident of this kingdom of England, dominion of
Wales, or town of Berwick upon Tweed, fliall or may be fent ^prifoner into Scotland,
Ireland, Jerfey, Guernfey, Tangier, or into parts, garrifons, iflands or places beyond
the feas, which are or at any time hereafter fhall be within or without the dominions
of his majefty, his heirs or fucceffors ; (3) and that every fuch imprifonment is hereby
enacted and adjudged to be illegal j (4) and that if any of the faid fubjects now is or
hereafter
LAWS OF GEORGIA.
23
hereafter fhall be fo imprifoned, every fuch perfon and perfons fo imprifoned, (hall and
may for every fuch imprifonment maintain by virtue of this act an action or actions of
falfe imprifonment, in any of his majefty's courts of record, againft the perfon or
perfons by whom he or fhe fhall be fo committed, detained, imprifoned, fent prifoner
or tranfported, contrary to the true meaning of this act ; and againft all or any perfon
or perfons that fhall frame, contrive, write, feal or countersign any warrant or writing
for fuch commitment, detainer, imprifonment or tranfportation, or fhall be advifing,
aiding or affifting in the fame, or any of them ; (5) and the plaintiff in every fuch
action fhall have judgment to recover his treble cofts, befides damages, which damages
fo to be given, fhall not be lefs than five hundred pounds j (6) in which action no de-
lay, (lay or ftop of proceeding by rule, order or command, nor no injunction, pro-
tection or privilege whatfoever, nor any more than one imparlance (hall be allowed,
excepting fuch rule of the court wherein the action fhall depend, made in open court,
as fhall be thought in juftice neceffary, for fpecial caufe to be exprefTed in the faid rule ;
(7) and the perfon or perfons who fhall knowingly frame, contrive, write, feal or
counterfign any warrant for fuch commitment, detainer or tranfportation, or fhall fo
commit, detain, imprifon or tranfport any perfon or perfons contrary to this act, or
be any ways advifing, aiding or affifting therein being lawfully convicted thereof,
fhall be difabled from thenceforth to bear any office of truft or profit within the faid
realm of England, dominion of Wales, or town of Berwick upon Tweed, or any of
the iflands, territories or dominions thereunto belonging ; (8) and fhall incur and
fuflain, the pains, penalties and forfeitures limited, ordained and provided in and by
the flatute of provifion and praemunire made in the fixteenth year of king Richard the
fecond ; (9) and be incapable of any pardon from the king, his heirs or fucceffbrs, of
the faid forfeitures, loffes or difabilities, or any of them.
XIII. Provided always, That nothing in this act fhall extend to give benefit to any
perfon who fhall by contract in writing agree with any merchant or owner of any
plantation, or other perfon whatfoever, to be tranfported to any parts beyond the feas,
and receive earnefl upon fuch agreement, although that afterwards fuch perfon fhall
renounce fuch contract.
XIV. Provided always and be it enacted, That if any perfon or perfons lawfully con-
victed of any felony, fhall in open court pray to be tranfported beyond the feas, and
the court fhall think fit to leave him or them in prifon for that purpofe, fuch perfon
or perfons may be tranfported into any parts beyond the feas ; this act, or any thing
therein contained to the contrary notwith (landing.
XV. Provided alfo, and be it enabled, That nothing herein contained fhall be deem-
ed, conflrued or taken, to extend to the imprifonment of any perfon before the
firft day of June, one thoufand fix hundred feventy and nine, or to any thing advifed,
procured, or otherwife done, relating to fuch imprifonment, any thing herein con-
tained to the contrary notwithflanding.
XVI. Provided alfo, That if any perfon or perfons at any time refident in this
realm, fhall have committed any capital offence in Scotland or Ireland, or any of the
iflands, or foreign plantations of the king, his heirs or fucceffbrs, where he or fhe
ought
The penalty.
Perfons receiv-
ing earned up-
on contracts to
be tranfported,
excepted.
Performs convi •-
ted of felony, &
praying trans-
portation, ex-
cepted.
Offenders may
he fent to be
tried where
their offences
were commit-
ted.
24
DIGEST OF THE
Profecutionsfor
offences within
what time to be
made.
Afterthe aflizes
proclaimed, no
prifoner to be
removed, but
before the judge
of affize.
In fuits for of-
fence againft
this law, the
defendants may-
plead the gene-
ral iffue, &c.
Perfons com-
mitted as accef-
faries before to
petty trcafon or
felony, fhall not
be removed or
bailed ocherwife
than before this
ael: made.
ought to be tried for fuch offence, fuch perfon or perfons may be fent to fuch place,
there to receive fuch trial, in fuch manner as the fame might have been ufed before
the making of this aft, any thing herein contained to the contrary notwithftanding*
XVII. Provided a/fo, and be it enacledyThat no perfon or perfons fhall be fued, implead-
ed, molefted or troubled for any offence againft this act, unlefs the party offending be
fued or impleaded for the fame within two years at the moft after fuch time wherein
the offence fhall be committed, in cafe the party grieved fhall not be then in prifon;
and if he fhall be in prifon, then within the fpace of two years after the deceafe of the
perfon imprifoned, or his or her delivery out of prifon, which fhall firft happen.
XVIII. And to the intent no perfon may avoid his trial at the affizes or general
gaol delivery, by procuring his removal before the affizes, at fuch time as he can-
not be brought back to receive his trial there; (2) Be it enabled, That after the affizes
proclaimed for that county where the prifoner is detained, no perfon fhall be re-
moved from the common gaol upon any habeas corpus granted in purfuance of this
act, but upon any fuch habeas corpus fhall be brought before the judge of affize in
open court, who is thereupon to do what to juftice fhall appertain.
XIX. Provided nevertheless, That after the affizes are ended, any perfon or perfons
detained, may have his or her habeas corpus according to the direction and intention of
this act.
XX. And be it alfo enabled by the authority aforefaid, That if any information, fuit or
action fhall be brought or exhibited againft any perfon or perfons for any offence com-
mitted, or to be committed againft the form of this law, it fhall be lawful for fuch
defendants to plead the general iffue, that they are not guilty, or that they owe no-
thing, and to give fuch fpecial matter in evidence to the jury that fhall try the fame,
which matter being pleaded had been good and fufficient matter in law to have dif-
charged the faid defendant or defendants againft the faid information, fuit or action,
and the faid matter fhall be then as available to him or them, to all intents and pur-
pofes, as if he or they had fufficiently pleaded, fet forth or alledged the fame matter
in bar or difcharge of fuch information, fuit or action.
i XXI. And becaufe many times perfons charged with petty treafon or felony, or
* as acceffaries thereunto, are committed upon fufpicion only, whereupon they are
1 bailable, or not, according as the circumftances making out that fufpicion are more
' or lefs weighty, which are beft known to the juftices of the peace that committed
' the perfons, and have the examinations before them, or to other juftices of the
' peace in the county ;' (2) Be it therefore enabled, That where any perfon fhall appear
to be committed by any judge or juftice of the peace, and charged as acceffary before
the fact, to any petty treafon or felony, or upon fufpicion thereof, or with fufpicion
of petty treafon or felony, which petty treafon or felony fhall be plainly and fpecially
expreffed in the warrant of commitment, that fuch perfon fhall not be removed or
bailed by virtue of this act, or in any other manner than they might have been before
the making of this act.
THE
LAWS OF GEORGIA. 25
THE CONSTITUTION
OF THE
^tate of (jieorgta**
W E, the underwritten, delegates from the people, in convention met, do declare
that the following articles fhall form the Conftitution for the government of this State;
and, by virtue of the powers in us vefted for that purpofe, do hereby ratify and
confirm the fame.
ARTICLE I.
Sect. 1. The legiflative power fhall be vefted in two feparate and difthut branches, Legjfiatiirehow
to wit, A fenate and houfe of reprefentatives, to be ftiled " The General AfTembly." fti]ed° C
Sect. 2. The fenate fhall be elected on the firft Monday in October in every third Senate how e«
year, until fuch day of election be altered by law; and fhall be compofed of one " continuance,
member from each county, chofen by the electors thereof ; and fhall continue for
the term of three years.
Sect. 3. No perfon fhall be a member of the fenate, who fhall not have attained Sena.tors . Aw
i »!•"•■ • 1 1 i n 11 1 1 • -ii- qualification.
to the age or twenty-eignt years; and who mall not have been nine years an inhabitant
of the United States, and three years a citizen of this State, and fhall be an inhabitant
of that county for which he fhall be elected, and have refided therein fix months
immediately preceding his election; and fhall be pofTefTed, in his own right, of two
hundred and fifty acres of land, or fome property to the the amount of two hun-
dred and fifty pounds.
Sect. 4. The fenate fhall elect, by ballot, a prefident out of their own body. Prefldent of fe-
1 r ; natchoweledled
Sect. 5. The fenate fhall have folely the power to try all impeachments. Senate to try
impeachments.
Sect. 6. The election of members for the houfe of reprefentatives fhall be annual, Repreientatives
on the firft Monday in Oaober, until fuch day of election be altered by law; and how fa^ *
[•;•■■_■' ' ; . / apportioned.
fhall be compofed of members from each county, in the following proportions: Cam-
den, two; Glynn, two; Liberty, four; Chatham, five; Effingham, two; Burke,
four; Richmond, four; Wilkes, five ; Wafhington, two; Greene, two; and Frank-
lin, two.
Sect. 7. No perfon fhall be a member of the houfe of reprefentatives, who fhall Their qualifica
not have attained to the age of twenty-one years, and have been feven years a citizen Uon'
of the United States, and two years an inhabitant of this State ; and fhall be an in-
D habitant
* Altered and amended. Seepage 3T.
26 DIGEST OF THE
habitant of that county for which he fhall be elected, and have refided therein three
months immediately preceding his election : and (hail be poffeiYed, in his own right,
of two hundred acres of land, or other property to the amount of one hundred and
fifty pounds.
Their fpeaker& ,, _ _,. . r r r • n 11 1 r i • r 1
other officers beet. 8. Ihe houie of repreientatives fhall chufe their Speaker and other officers.
how chofen.
impeachment. Sect. 9. They fhall have folely the power to impeach all perfons who have been,
or may be in office.
What perfons Sect. io. No perfon holding a military com mi (lion, or office of profit, under this,
difquaiified Tor or the United States, or either of them, (except juftices of the peace and officers of
the militia) fhall be allowed to take his leat as a member of either branch of the ge-
neral affembly : Nor fhall any fenator, or representative, be elected to any office of
profit, which fhall be created during his appointment.
Affembly when Sect. H. The meeting of the general affembly fhall be annual, on the firft Mon-
ro meet. ^^ jn November, until fuch day of meeting be altered by law.
What number Sect. 12. One third of the members of each branch, fhall have power to proceed
may proceed to to Dufinefs ; Dut a fmaller number may adjourn from day to day, and compel the at-
tendance of their members, in fuch manner as each houfe may prefcribe.
judges of its Sect. 13. Each houfe fhall be judges of the elections, returns, and qualifications
own elections. 0f jts own members j with powers to expel, or punifh for diforderly behaviour.
Privileged from Sect, i a. No fenator or representative fhall be liable to be arrefted during his at-
o/debatemain- tendance on the general affembly, or for a reafonable time in going thereto, or return-
tiined. ing home, except it be for treafon, felony, or breach of the peace : Nor fhall any
member be liable to anfwer for any thing fpoken in debate in either houfe, in any
court, or place elfewhere.
Tobefworn. Sect. 1 5. The members of the fenate and houfe of representatives fhall take the
following oath or affirmation :
Q h ' I A. B. do folemnly fwcar, (or affirm as the cafe may be) that I have not obtained
my election by bribery, or other unlawful means 5 and that I will give my vote on all
queftions that may come before me, as a fenator, or reprefentative, in fuch manner,
as, in my judgment, will beft promote the good of this State j and that I will bear
true faith and allegiance to the fame, and, to the utmoft of my power, obferve, Sup-
port, and defend the constitution thereof.'
Powers of af- Sect. 1 6. The general affembly fhall have power to make all laws and ordinances
fembly. which they fhall deem neceffary and proper for the good of the State, which fhall
not be repugnant to this conftitution.
Counties how Sect. 1 7. They fhall have power to alter the boundaries of the prefent counties,
altered and laid an£j to iay 0ff nev/ ones, as well out of the counties already laid off, as out of the
other territory belonging to the State. When a new county or counties fhall be laid
off
LAW LIBRARY
UNIVERSITY DF GEORGIA
LAWS OF GEORGIA. 27
off out of any of the prefent county or counties, fuch new county or counties fha-11
have their re-prefentation apportioned out of the number of the reprefentatives of the
county or counties out of which it or they fhall be laid out •, and when any new
county fhall be laid off in the vacant territory belonging to the State, fuch county .. ,
fhall have a number of reprefentatives not exceeding three, to be regulated and deter- drawn out of
mined by the general affembly. — And no money fhall be drawn out of the treafury, or p^bikTunds br
from the public funds of this State, except by appropriations made by law. h\v.
Sect. 18. No clergyman of any denomination fhall be a member of the general Clergymen iri-
rr ui eligible.
affembly.
ARTICLE II.
Seel;. I. The executive power fhall be veiled in a governor, who fhall hold his Governor, exe-
rv • r cutive power,
office during the term of two years ; and fhall be elected in the following manner : holds his office
two years.
Sect. 2. The houfe of reprefentatives fhall, on the fecond day of their making a How ele&ed,
houfe, in the firft, and in every fecond year thereafter, vote by ballot for three per-
fons, and fhall make a lift, containing the names of the perfons voted for, and of the
number of votes for each perfon ; which lift the fpeaker fhall fign in the prefence of
the houfe, and deliver it in perfon to the fenate : And the fenate fhall, on the fame
day, proceed by ballot to elect one of the three perfons having the higheft number of
votes ; and the perfon having a majority of the votes of the fenators prefent, fhall be
the governor.
Sect. 3. No perfon fhall be eligible to the office of governor, who fhall not have His qualifica-
been a citizen of the United States twelve years, and an inhabitant of this State fix
years, and who hath not attained to the age of thirty years, and who does not poffefs
five hundred acres of land in his own right, within this State, and other fpecies of
property to the amount of one thoufand pounds fterling.
Sect. 4. In cafe of the death, refignation or difability of the governor, the prefident Prefident when
of the fenate fhall exercife the executive powers of government, until fuch difability n°£ 3S gov
be removed, or until the next meeting of the general affembly.
Sect. 5. The governor fhall, at ftated times, receive for his fervices a compenfa- Governor's
tion, which fhall neither be increafed nor diminifhed during the period for which he comPen
fhall be elected ; neither fhall he receive, within that period, any other emolument
from the United States or any of them, or from any foreign power. Before he en-
ters on the execution of his office, he fhall take the following oath or affirmation :
" I do folemnly fwear, (or affirm as the cafe maybe) that I will faithfully execute Hisoa;lv
the office of governor of the State of Georgia, and will to the beft of my abilities, a
preferve, protect and defend the faid State, and caufe juftice to be executed in mercy >^
therein, according to the conftitution and laws of the fame."
Sect. 6. He fhall be commander in chief in and over the State of Georgia, and of Powers of go-
the militia thereof. verncr.
Jsct.
28 DIGESTOFTHE
Sect. 7. He fhall have power to grant reprieves for offences again ft the State, ex-
cept in cafes of impeachment \ and to grant pardons in all cafes after conviction, ex-
cept for treafon or murder, in which cafes he may refpite the execution and make a
report thereof to the next general affembly, by whom a pardon maybe granted.
Seel:. 8. He fhall iffue writs of election to fill up all vacancies that happen in the
fenate or houfe of reprefentatives ; and fhall have power to convene the general af-
fembly cm extraordinary occafions ; and fhall give them, from time to time, informa-
tion of the ftate of the republic j and recommend to their confiderations fuch mea-
fures as he may deem neceffary and expedient.
Seel:. 9. In cafe of difagreement between the fenate and houfe of reprefentatives,
with refpect to the time to which the general affembly fhall adjourn, he may adjourn
them to fuch time as he may think proper.
His kgiflative Sect. 10. He fhall have the revinon of all bills paffed by both houfes before the
powers. fame flia]i become laws ; but two thirds of both houfes may pafs a law notwithftand-
ing his diffent ; and if any bill fhould not be returned by the governor within five days
after it hath been prefented to him, the fame fhall be a law, unlefs the general affem-
bly, by their adjournment, fhall prevent its return.
Great feul Sect. 11. The great feal of the State fhall be depofited in the office of the fecre-
where depofited tary, and it fhall not be affixed to any inftrument of writing without it be by order
altered. of the governor or the general affembly ; and the general affembly may direct the
great feal to be altered.
ARTICLE III.
Superior court. Sect. i. A fuperior court fhall be held in each county twice in every year, in
inferior courts which fhall be tried and brought to final decifion, all caufes civil and criminal ;
except fuch as may be fubjedt to a federal court, and fuch as may by law be re-
ferred to inferior jurifdictions.
Errors and ap- Sect. 2. The general affembly fhall point out the mode of correcting errors and
Peals- appeals, which fhall extend as far as to empower the judges to direct a new trial
by jury within the county where the action originated, which fhall be final.
Courts-mereh- Sect. 3. Courts-merchant fhall be held as heretofore, fubject to fuch regulations
ant. as the general affembly may by law direct.
Caufes civil and Sect. 4. All caufes fhall be tried in the county where the defendant refides ; ex-
criminal where cept jn cafes 0f reai eftate, which fhall be tried in the county where fuch eftate lies j
and in criminal cafes, which fhall be tried in the county where the crime fhall be
committed.
Judges and at- Sect. 5. The judges of the fuperior court, and attorney general, fhall have a
tomey general oompetent falary eilablifhed by law, which fhall not be increafed nor diminifhed
falary in oflice r ' ' ■ , .._.,...;.-.•..
three years. during their continuance in office j and fhall hold their commiffions during the term
of three years.
ARTICLE
Inferior officers
LAWS OF GEORGIA. 29
ARTICLE IV.
Sett. 1. The electors of the members of both branches of the general aflembly Ekclors their
{hall be citizens and inhabitants of this ftate •, and {hall have attained to the age of qua ■ ca MD"
twenty- one years j and have paid tax for the year preceding the election, and {hall
have refided fix months within the county.
Seel. 2. All elections {hall be by bailor, and the houfe of reprefentatives, in all All elections by
_._ „ _ - .' r , r , vn r 1 t ballot, ftate of-
appointments of ftate officers, {hall vote for three perfons, and a Hit ct the three ficers ia what
perfons, having the higheft number of votes, fliallbe figned by the fpeaker, and fent manner appoih^
to the ienate ; which {hall, from fuch lift, determine, by a majority of their votes,
the officer elected, except militia officers, and the fecretaries of the governor ; who
{hall be appointed by the governor alone, under fuch regulations and reftrictions as
the general afTembly may prefcribe. The general aflembly may veft the appointment
r* . n * * r* 1 1 intent j. uiuLC-rs
of inferior officers in the governor, the courts of juftice, or m iuch other manner as how to be ap-
they may by law eftablifh. PoilKed-
Sect. 3. Freedom of the prefs, and trial by jury, (hall remain inviolate. SSLSd trial
bv jury.
Sect. 4. All perfons fhall be entitled to the benefit of the writ of habeas corpus. HubeJS «**».
Sect. 5. All perfons fhall have the free exercife of religion ; without being oblig- Religious toler-
ed to contribute to the fupport of any religious profeffion but their own.
Sect. 6. * Eftates fhall not be entailed ; and when a perfon dies inteftate, leaving Eftates not to be
a wife and children, .the wife fhall have a child's fhare, or her dower, at her option :
if there be no wife, the eftate fhall be equally divided among the children, and their
legal reprefentatives of the firft degree. The diftribution of all other inteftate eftates
may be regulated by law. »
Sect. 7. At the general election for members of aflembly, in the year one thou- This conftitu-
fand feven hundred and ninety four, the electors in each county fhall elect: three tiM howt0 »e
perfons to reprefent them in a convention, for the purpofe of taking into confide-
ration the alterations neceflary to be made in this conftitution y who fhall meet at
fuch time and place as the general aflembly may appoint ; and if two-thirds of the
whole number fhall meet and concur, they {hall proceed to agree on fuch alterations
and amendments as they may think proper ; Provided, That after two-thirds fhall
have concurred to proceed to alterations and amendments, a majority fhall determine
on the particulars of fuch alterations and amendments.
Sect. 8. This conftitution fhall take effect, and be in full force, on the firft When to oper-
Monday in October, next after the adoption of the fame ; and the executive fhall
be authorifed to alter the time for the fitting of the fuperior courts, fo that the
fame
■^
'? See acft of 1789, No. 42.9.
entailed how
divided.
3e DIGEST OF THE
fame may not interfere with the annual elections in the refpective counties, or the
meeting of the firft general aflembly.
DONE at Augufta, in Convention, the fixth clay of May, in the year of our
Lord one thoufand feven hundred and eighty-nine, and in the year of
fovereignty and independence of the United States the thirteenth.
WILLIAM GIBBONS, President.
Attest,
D. LonGSTREET, Secretary.
The following are the alterations and amendments to the conjtitution of the State of
Georgia, as adopted by the late Convention.
"WE the representatives of the people of the State of Georgia, in convention met,
do ordain and eftablifh the following articles as additions and amendments to the
prefent conftitution, to take effect and be in full force on the firft Monday in Octo-
ber next.
The fenate Article i. The fenate fhall be elected annually on the firft Monday in November
when eietfed. until fuch day of election be altered by law; and fhall be compofed of one member
from each county, to be chofen by the electors thereof.
Aflembly to e- Article 2. All elections to be made by the general aflembly, fhall be by joint
ball*7 ^°tnt ballot of the fenate and houfe of reprefentatives.
Reprefentatives Article 3. The election of members for the houfe of repefentatives fhall be an-
vhen ekefted. nuz\ on the firft Monday in November; and fhall be compofed of members from each
county in the following proportions :
Apportioned. Camden, two; Glynn, two; Liberty, four; M'Intofh, two; Bryan, two;
Chatham, four ; Effingham, two ; Scriven, two; Montgomery, two; Burke, three;
Richmond, two; Columbia, two; Wilkes, three; Elbert, two; Franklin, two;
Oglethorpe, three; Greene, three; Hancock, three; Wafhington, three; War-
ren, three.
Convention Article 4. . At the general election for members of aflembly in the year 1797,
when to be con- the electors of the prefent counties fhall elect three perfons to reprefent them in a
convention for the purpofe of taking into confideration the further alterations and
amendments neceffary to be made in the conftitution, who fhall meet at the town of
Louisville the fecond Tuefday in May thereafter: a majority of the faid convention
fhall have power to proceed to, and agree on, fuch altei-ations and amendments as
they' may think proper.
General affem- Article 5. The meeting of the general aflembly fhall be annual on the fecond
bly when to Tuefday in Tanuary; a majority of whom fhall have power to proceed to bufinefs.
mcet- * Article
LAWS OF GEORGIA. %\
Article 6. That Louisville be the permanent feat of government ■, and that the Louisville feat
governor, fecretary of the ftate, the treafurer, the auditor, and the furveyor-gene- cf g°vtrnment'
ral, remove their offices thereto, as foon as may be convenient, previoufly to the
next meeting of the general aflembly.
Article 7. Article of conftituted rights annexed to the conftitution as amended.
Article 8. Alll powers not delegated by the conftitution as amended, are retained
by the people.
DONE at Louisville, in convention, the (ixteenth day of May, in the year
of our Lord one thoufand feven hundred and ninety five, and in the
year of the fovereignty and independence of the United States the nine-
teenth.
N. W. JONES, President.
Attest,
Thomas Johnson, Secretary.
THE CONSTITUTION i798.
OF THE
g>tate of ©eo?gta*
ARTICLE I.
Sett. 1. r"pHE legiflative, executive and judiciary departments of government, {hall -jhc depart-
be difUncl, and each department (hall be confided to a feparate body ments of g°v"
of magiflracy ; and no perfon or collection of perfons being one of thefe depart- tjn(a.
ments, {hall exercife any power properly attached to either of the others, except in
the inftances herein exprefsly permitted.
Sect. 2. The legiflative power {hall be veiled in two feparate and diftinct branches, Senate and
to wit : A fenate and houfe of reprefentatives, to be itiled " The General Aflembly." Jioufirof _ repft-
Sedt. 3. The fenate {hall be elected annually on the firft Monday in November, senate ekdkd
until fuch day of election be altered by law ; and {hall be compofed of one member *nnualiy.
from each county, to be chofen by the electors thereof.
Sect. 4. No pe-rfon {hall be a fenator who {ball not have attained to the age of qualification of
twenty five years ; and have been nine years a citizen of the United States, and three lenatols-
years an inhabitant of this State, and {hall have ufually refided within the county for
which he {hall be returned, at leaft one year immediately preceding his election, (ex-
cept
3? DIGEST OF THE
cept perfons who may have been abfent on public bufmefs of this State, or of the
United States ;) and is and fhall have been poffeffed in his own right of a fettled
freehold eftate of the value of five hundred dollars, or of taxable property to the
amount of one thoufand dollars, within the county, for one year preceding his
election ; and whofe eftate fhall, on a reafonable eftimation, be fully competent to
the difcharge cf his juft debts, over and above that fum.
Their preficlcnt. Sect. 5. The fenate fhall elect:, by ballot, a prefident out of their own body.
The feiute have Sect. 6. Tlie fenate (hall have the fole power to try all impeachments :— When
tot ° mpeach- ^tt^ng ^or t^at purpofe, they fliall be on oath or affirmation ; and no perfon (hall
ments. be convicted without the concurrence of two-thirds of the members prefent : —
Judgment, in cafes of impeachment, fhall not extend further than removal from
office, and disqualification to hold and enjoy any office of honour, trufl or profit,
within this State; but the party convicted fhall, neverthelefs, be fubjedt to indict-
ment, trial, judgment and punifhment, according to law.
Houfe of rtfre- Sect. 7. The houfe of reprefentatives fhall be compofed of members from all the
fentatives. counties which now are, or hereafter may be, included within this State, according
to their refpective numbers of free white perfons, and including three-fifths of all
The members the people of colour : — The actual enumeration fhall be made within two years,
to be appointed anj within everv fublequent term of feven years thereafter, at: fuch time, and in
by enumeration ;-J- -r>i
fuch manner, as this convention may direct : Each county containing three thoufand
perfons, agreeably to the foregoing plan of enumeration, fhall be entitled to two
members, feven thoufand to three members^ and twelve thoufand to four members ;
but each county fhall have at leaft one, and not more than four members : The
Time of election reprefentatives fhall be chofen annually, on the firft Monday in November, until
fuch day of election be altered by law : Until the aforefaid enumeration fhall be made,
the feveral counties fhall be entitled to the following number of reprefentatives refpec-
Temporary ap.- tively : Camden two; Glynn two; Liberty three; M'lntofh two; Bryan one;
pomonment. Chatham four ; Effingham two ; Scriven two ; Montgomery two ; Burke three ;
Bullock one; Jefferfon three ; Lincoln two; Elbert three ; Jackfon two; Richmond
three; Wilkes four ; Calumbia three ; Warren three ; Wafhington three ; Hancock
four ; Green three ; Oglethorpe three ; and Franklin two.
Qualification of Sect. 8. No perfon fhall be a reprefentative who fhall not have attained to the age
rej refentatives. Q£ twenty one yearSj anci have been feven years a citizen of the United States, three
years an inhabitant of this State, and have ufually refided in the county in which he
fhall be chefen, one year immediately preceding his election (unlefs he fhall have
been abfent on public bufinefs of this State or of the United States;) and fhall be
poiTefTed, in his own right, of a fettled freehold eftate of the value of two hundred,
and fifty dollars, or of taxable property to the amount of five hundred dollars, with-
in the county, for one year preceding his election; and whofe eftate fhall, on a rea-
fonable eftimation, be competent to the difcharge of his juft debts, ever and above
that fum.
Sed.
tions.
Exceptions-,
LAWS OF GEORGIA, 33
Sect. 9. The houfe of reprefentatives fhall chufe their fpeaker and other officers. Speaker, &c.
Sect. 10. They fhall have folely the power to impeach all peribns who have been or impeachment,
may be in office.
Sect. 11. No perfon holding any military commiffion or other appointment having Certain difqua-
any emolument or compenfation annexed thereto, under this State or the United featin°helearf-
States, or either of them (except juftices of the inferior court, juftices of the peace, latic
and officers of the militia) nor any perfon who has had charge of public monies be-
longing to the State, unaccounted for and unpaid, or who has not paid all legal taxes or
contributions to the government, required of him, fhall have a feat in either branch of
the general afTembly; nor fhall any fenator or reprefentative be elected to any office Members not to
or appointment by the legiflature, having any emoluments or compenfation annexed fi^eee e t0°
thereto, during the time for which he fhall have beea elected, with the above excep-
tions, unlefs he fhall decline accepting his feat, by notice to the executive, within
twenty days after he fhall have been elected ; nor fhall any member, after having taken
his feat, be eligible to any of the aforefaid offices or appointments during the time for
which he fhall have been elected.
Sect. 1 2. The meeting of the general afTembly fhall be annual on the fecond Tuef- General affem-
day in January, until fuch day of meeting be altered by law; a majority of each branch nualiy.
fhall be authorifed to proceed to bufinefs; but a fmaller number may adjourn from
day to day and compel the attendance of their members in fuch manner as each houfe
may prefcribe.
Sect, 13. Each houfe fhall be the judges of the elections, returns, and qualifica- Each houfe to
tions of its own members, with powers to expel or punifh by cenfuring, fining and t"0Ifsc &°c Jf00*
imprifoning, or either for diforderly behaviour, and may expel any perfon convicted members,
of any felonious or infamous offence ; each houfe may punifh by imprifonment dur-
ing feffion ; any perfon not a member, who fhall be guilty of difrefpect by any difor-
derly or contemptuous behaviour in its prefence, or who, during feffion, fhall threaten
harm to the body or eftate of any member, for any thing faid or done in either houfe,
or who fhall affault any of them therefor, or who fhall affault or arreft any witnefs in
going to or returning therefrom, or who fhall refcue any perfon arrefted by order of
either houfe.
Sect. 14. No fenator or reprefentative fhall be liable to be arrefted during his at- Members free
tendance on the general afTembly, or for ten days previous to its fitting, or for ten civT/fe^ **
days after the rifing thereof, except for treafon, felony, or breach of the peace; nor
fhall any member be liable to anfwer for any thing fpoken in debate in either houfe, Freedom of de-
in any court or place elfewhere ; but fhall never thelefs be bound to anfwer for per- bate#
jury, bribery or corruption.
Sect. 15. Each houfe fhall keep a journal of its proceedings, and publifh them journal.— yeas
immediately after their adjournment; and 'the yeas and nays of the members on any and nays.
queition, fhall, at the defire of any two members, be entered on the journals.
E Seft,
34
DIGEST OF THE
Revenue bills. Sect. 1 6. All bills for railing revenue or appropriating monies fhall originate in
the houfe of representatives j but the fenate fhall propofe or concur with amend-
ments as in other bills.
Bills, in what
manner to be
palled.
Seel. 17. Every bill fhall be read three times and on three feparate days, in each
branch of the general afTembly, before it fhall pafs, unlefs in cafes of actual invafiori
or infurrection j nor fhall any law or ordinance pafs, containing any matter different
from what is exprefTed in the title thereof •, and all acts (hall be figned by the prefi-
dent in the fenate, and fpeaker in the houfe of reprefentatives : No bill or ordinance
which fhall have been rejected by either houfe, fhall be brought in again during the
feffion, under the fame or any other title, without the confent of two thirds of each
branch.
The members
to be iworn.
to be punimed , rt . n ..
for mal-prao elctled, fhall
ticcs
The oath of
members.
Sect. 1 8. Each fenator and reprefentative, before he be permitted to take his feat,
fhall take an oath or make affirmation, that he hath not practifed any unlawful means,
either directly or indirectly, to procure his election ; and every perfon fhall be dis-
qualified from ferving as a fenator or reprefentative for the term for which he fhall
have been elected, who fhall be convicted of having given or offered any bribe or treafe,
C.ndidateshow ©r canvaffed for fuch election ; and every candidate employing like means and not
on conviction, be ineligible to hold a feat in either houfe, or to hold any
office of honor or profit for the term of one year, and to fuch other difabilities or pe-
nalties as may be prefcribed by law.
Sect. 19. Every member of the fenate or houfe of reprefentatives, fhall before he
takes his feat, take the following oath or affirmation, to wit : " ltA.B. do folemnly
" fwear or affirm, (as the cafe may be) that I have not obtained my election by
" bribery, treats, canvaffing, or other undue or unlawful means, ufed by myfelf or
" others, by my defire or approbation for that purpofe; that I confider myfelf con-
" ftitutionally qualified as a fenator or reprefentative j and that on all queftions and
" meafures which may come before me, I will give my vote,, and fo conduct myfelf,
" as may, in my judgment, appear moffc conducive to the interefl and profperity of this
" State ; and that I will bear true faith and allegiance to the fame ; and to the utmoft
" of my power and ability obferve, conform to, fupport and defend the conflitution
" thereof."
Sect. 20. No perfon,. who hath been or may be convicted of felony, before, any
vided of ftiony court of this State, or any of the United States, fhall be eligible to any office or ap-
ineiigibletoany p0mtment of honor, profit or truft, within this State,
appointment. * r
Sect. 21. Neither houfe, during the feffion of the general affsmbly, fhall„ without
the confent of the other, adjourn for more than three days, nor to any other place,,
than that at which the two branches fhall be fitting ; and in cafe of difagreement
between the fenate and houfe of reprefentatives, with refpect to their adjournment,,
the governor may adjourn them.
Sect,
appointment
Adjournment
LAWS OF GEORGIA. 3$
Se£t. 22. The general affembly fhall have power to make all laws and ordinances Powers of the
which they fhall deem neeeffary and proper for the good of the State, which fhall generai aft'em-
not be repugnant to this conftitution.
Sect. 23. They fhall have power to alter the boundaries of the prefent counties, Further powers
and to lav off new ones, as well out of the counties already laid off, as out of the other *s l? ther boun"
. in 11 rir-i-r danes or coun-
territory belonging to the State ; but the property of the foil, in a free government, ties.
being one of the effential rights of a free people, it is neeeffary, in order to avoid dif-
putes, that the limits of this State fhould be afcertained with precifion and exactnefs ;
and this convention, compofed of the immediate reprefentatives of the people, chofen
by them to affert their rights, and to i-evife the powers given by them to the govern-
ment, and from whofe will all ruling authority of right flows, DOTH affert and de-
clare the boundaries of this State to be as follow : That is to fay, the limits, boundaries, Declaration of
iurifdictions and authority of the State of Georgia, do and did, and of right ought to hoimAu'y apd
J ; .'-,._ b , \ 111 territorial right
extend from the fea or mouth of the river Savannah, along the northern branch or of the State,
ftream thereof, to the fork or confluence of the rivers now called Tugalo and Keowee,
and frpm thence along the moft northern branch or ftream of the faid river Tugalo,
'til it interfect the northern boundary line of South Carolina. If the faid branch or
ftream of Tugalo extends fo far north, referving all the iflands in the faid rivers Sa-
vannah and Tugalo to Georgia : but if the head fpring or fource of any branch or
ftream of the faid river Tugalo, does not extend to the north boundary line of South
Carolina, then a weft line to the Miffiffippi, to be drawn from the head fpring or
fource of the faid branch or ftream of Tugalo river, which extends to the higheffc
northern latitude ; thence down the middle of the faid river Miffiffippi, until it fliall in-
terfecl: the northernmoft part of the thirty-firft degree of north latitude ; fouth by a
line drawn due eaft, from the termination of the line laft mentioned, in the latitude
of thirty-one degrees north of the equator, to the middle of the river Apalachicola
or Chatahoochee ; thence along the middle thereof, to its junction wich Flint river ;
thence ftraight to the head of St. Mary's river ; and thence along the middle of St.
Mary's river to the Atlantic ocean ; and from thence to the mouth or inlet of Savan-
nah river, the place of beginning. Including and comprehending all the lands and
waters within the faid limits, boundaries and jurifdicfional right9 ; and alfo, all the
iflands within twenty leagues of the fea coaft. And this convention doth further
declare and affert, that all the territory without the prefent temporary line and with-
in the limits aforefaid, is now, of right, the property of the free citizens of this
State, and held by them in fovereignty, inalienable but by their confent : Provided Provifo.
neverthelefsy That nothing herein contained fhall be conftrued, fo as to prevent a fale Jhe legislature
to, or contract with the United States, by the legiflature of this State, of and for fei] certain ter.
all or any part of the weftern territory of this State, laying weft ward of the river ntory to thelJ-
*m .,- 4-1 r 1 11 r-iii. 1 nited States, j
Chatahoochee, on iuch terms as may be beneficial to both parties; and may procure
an extenfion of fettlement, and an extinguifhment of Indian claims, in and to the va-
cant territory of this State, to the eaft and north of the faid river Chatahoochee, to
which territory, fuch power of contract or fale, by the legiilature, fhall not extend :
And
3*
DIGEST OF THE
Provifo.
Certain con-
templated pur-
chafes dated to
have become
conftitutionally
void by the fore-
going feciion.
The contrail:
having failed,
the legiflature
to mate provi-
fion for return-
ing the confi-
dcration money
The money paid
for fuch pur-
chafes never to
be deemed a
part of the
funds of the
State.
Money in what
manner to be
drawn from the
treafury.
Donations or
gratuities how
to be granted.
The cenfus in
what manner to
be taken.
And provided alfo, The legiflature may give its confent to the eftablifhment of one or
more governments weflward thereof; but monopolies of land by individuals, being
contrary to the fpirit of our free government, no fale of territory of this State, or
any part thereof, fhail take place to individuals or private companies, unlefs a coun-
ty or counties fhall have been firft laid off, including fuch territory, and the Indian
rights fhall have been extinguifhed thereto.
Sect. 24. The foregoing fection of this article having declared the common rights
of the free citizens of this State, in and to all the territory without the prefent
temporary boundary line, and within the limits of this State, thereby defined, by
which the contemplated purchafes of certain companies of a confiderable portion
thereof, are become conftitutionally void ; and juftice and good faith require, that
the State fhould not detain a confideration for a contract which has failed, the
legiflature, at their next feffion, fhall make provifion by law, for returning to any
perfon or perfons, who has or have bona fide depofited monies for fuch purchafes in
the treafury of this State : Provided, That the fame fhall not have been drawn
therefrom in terms of the act paffed the thirteenth day of February, one thaufand
feven hundred and ninety-fix, commonly called the refcinding act, or the appro-
priation laws of the years one thoufand feven hundred and ninety-fix and one thou-
fand feven hundred and ninety-feven : Nor fhall the monies, paid for fuch purchafes,
ever be deemed a part of the funds of this State, or be liable to appropriation as
fuch ; but until fuch monies be drawn from the treafury, they fhall be confrdered
altogether at the rifque of the perfons who have depofited the fame. No money
fhall be drawn out of the treafury, or from the public funds of this State, except
by appropriation made by law ; and a regular flatement and account of the receipts
and expenditures of all public monies, fhall be publifhed from time to time. No
vote, refolution, law, or order, mall pafs the general affembly, granting a donation
or gratuity in favour of any perfon whatever, but by the concurrence of two-thirds
of the general affembly.
Sect. 25. It fha-ilbe the duty of the juftices of the inferior court, or any three of
them, in each county refpectively, within fixty days after the adjournment of this
convention, to appoint one one or more fit perfons in each county, not exceeding
one ..v.. each battalion diftrict, whofe duty it {hall be to take a full and accurate
cenfus or enumeration of all free white perfons, and people of colour, refiding
therein, diftinguifhing, in feparate columns, the free white perfons from perfons of
colour, and return the fame to the clerks of the fuperior courts of the feveral coun-
ties, certified under their hands, on or before the firft day of December next ; the
pjerfons fo appointed, being firft feverally fworn before the faid juftices, or either
of them, duly and faithfully to perform the truft repofed in them j and it fhall be
the duty of the faid clerks, to tranfmit all fuch returns, under feal, directed to the
fpeaker of the houfe of reprefentatives, at the firft feffion of the legiflature there-
after : And k fhall be the duty of the general affembly, at their faid firft feffion, to
apportion the members of the houfe of reprefentatives among the feveral counties,
agreeably to the plan prescribed by this conftitution, and to provide an adequate
compenfatioa
LAWS OF GEORGIA. 37
compenfation for the taking of the faid .cenfus. Every perfon, whofe ufua! place
of abode fhal] be in any family on the firft Monday in July next, fhall be returned as
of fuch family, and every perfon, occalionally abfent at the time of taking the enu-
meration, as belonging to that place in which he ufually refides. The general af-
fembly fhall, by law, direct the manner of taking fuch cenfus or enumeration, with-
in every fubfequent term of feven years, in conformity to this conftitution. And it is
declared to be the duty of all officers, civil and military, throughout this State, to be
aiding and affifting in the true and faithful execution thereof. In cafe the juftices of
the inferior courts mould fail to make fuch appointments, or if there fhould not be a
fufficient number of fuch juftices in any county, then the juftices of the peace, or
any three of them, fhall have and exercife like powers and authority refpetting the
faid cenfus ; and if the cenfus or enumeration of any county fhall not be fo taken
and returned, then, and in that cafe, the general affembly fhall apportion the repre-
fentation of fuch county, according to the beft evidence in their power, relative to
its population.
ARTICLE II.
Sett. 1. The executive power fhall be veiled in a governor, who fhall hold his Governor,
office during the term of two years, and until fuch time as a fucceffor fhall be chofen
and qualified ; he fhall have a competent falary eflablifhed by law, which fhall not
be increased or diminifhed during the period for which he fhall have been elected ;
neither fhall he receive, within that period, any other emolument from the United
States, or ekher of them, or from any foreign power.-
Seel:. 2. The governor fhall be elected by the general affembly, at their fecond Elected for two
annual feffion after the rifing of this convention, and at every fecond annual feflion years'
thereafter, on the fecond day after the two houfes fhall be organifed and competent
to proceed to bufinefs.
Sect. 3. No perfon fhall be eligible to the office of governor, who fhall not have His qualifica-
been a citi2en of the United States twelve years, and an inhabitant of this State tlons*
fix years, and who hath not attained to the age of thirty years, and who does not
po fiefs five hundred acres of land, in his own right, within this State, and ether
property to the amount of four thoufand dollars, and" whofe eftate fhall not, on a
reafonable eftimation, be competent to the difcharge of his debts, over and above
that fum.
new
Sect. 4. In cafe of the death or refignation, or difability of the governor-, the Vacancy
prefident of the fenate fhall exercife the executive powers of government until fuch fuPP)ied-
difability be removed, or until the next meeting of the general afTembly.
Sect. 5. The governor fhall, before he enters on the duties of his office, take Oathofihego-
the following oath or affirmation : " I do folemnly fwear or affirm (as the cafe may vcraor«
" be) that I will faithfully execute the office of governor of the State of
" Georgia j and will, to the belt of my abilities, preferve, protect, and defend the
et faid
3B
DIGEST OF THE
Commander in
chief of the mi-
litia, &c.
His powers in
cafes of convic-
tions.
" faid State, and caufe jullice to be executed in mercy therein, according to the
" conflitution and laws thereof." *
Seel. 6. He fhall be commander in chief of the army and navy of this State,
and of the militia thereof.
Sect. 7. He fhall have power to grant reprieves for offences againft the State,
except in cafes of impeachment, and to grant pardons, or to remit any part of a
fentence, in all cafes after conviction, except for treafon or murder, in which cafes
he may refpite the execution, and make report thereof to the next general affembly,
by whom a pardon may be granted.
Furtherpowers. Sect. 8. He fhall iffue writs of election to fill up all vacancies that happen in the
fenate or houfe of reprefentatives ; and fhall have power to convene the general af-
fembly on extraordinary occafions ; and fhall give them, from time to time, infor-
mation of the ftate of the republic, and recommend to their confideration fuch
meafures as he may deem necefTary and expedient.
He is to fill va- Sect. 9. When any office fhall become vacant by death, refignation or otherwife,
cancies m office. t]ie governor fhall have the power to fill fuch vacancy, and perfons fo appointed, fhall
continue in office until a fucceffor is appointed, agreeably to the mode pointed out by
this conflitution, or by the legiflature.
He has the re-
vifion of all
bills, but laws
may be paffed
notwithstand-
ing his diffent.
All concurred
refolutions, &c.
to be paffed in
like manner as
bills.
Secretary of the
State, a treafa-
rer and furvey-
or general.
Great fcal of
the State.
Governor's fe-
cretarics.
Sect. 10. He fhall have the revifion of all bills paffed by both houfes, before the
fame fhall become laws, but two thirds of both houfes may pafs a law notwithfland-
ing his diffent ; and if any bill fhould not be returned by the governor within five days
after it hath been prefented to him, the fame fhall be a law, unlefs the general affem-
bly, by their adjournment, fhall prevent its return*.
Seel:. 11. Every vote, refolution or order, to which the concurrence of both
houfes may be necefTary, except on a queftion of adjournment, fhall be prefented to
the governor ; and before it fhall take effect, be approved by him, or being difapprov-
ed, may be repaffed by two thirds of both houfes, according to the rules and limita-
tions prefcribed in cafe of a bill.
Sect. 1 2. There fhall be a fecretary of the State, a treafurer, and a furveyor gene-
ral, appointed in the fame manner, and at the fame feflion of the legiflature, and
they fhall hold their offices for the like period as the governor, and fhall have a compe-
tent falary, including fuch emoluments as may be eftablifhed by law, which fhall not
be increafed or diminifhed during the period for which they fhall have been elected.
Seel. 13. The great feal of the State fhall be depofited in the office of the fecretary
of State, and fhall not be affixed to any inftrument of writing, .but by order of the
governor or general affembly ; and the general affembly fhall, at their firft feffion after
the rifing of this convention, caufe the great feal to be altered by law.
Seel. 14. The governor fhall have power to appoint his own fecretaries.
LAWS OF GEORGIA.
19
Judicial power.
Superior court
judges elected
for three years
—how remove-
able.
Their powers
and jurifdi&i-
on.
Jurifdich'on of
the inferior
courts.
ARTICLE III.
Sect. I. The judicial powers of this State fhall be veiled in a fuperior court, and
in fuch inferior jurifdicfions as the legiflature {hall, from time to time, ordain and eftab-
lifh. The judges of the fuperior courts (hall be elected for the term of three years,
removeable by the governor on the addrefsoftwo thirds of both houfes for that pur-
pofe, or by impeachment and conviction thereon. The fuperior court {hall have ex--
clufive and final jurifdict ion in all criminal cafes, which fhall be tried in the county
wherein the crime was committed, and in all cafes refpecting titles to land, which
(hall be tried in the county where the land lies ; and fhall have power to correct er-
rors in inferior judicatories by writs of certiorari, as well ;as errors in the fuperior
Gourts, and to order new trials on proper and legal grounds : Provided, That fuch
new trials fhall be determined, and fuch errors corrected, in the fuperior court of
the county in which fuch action originated. And the faid court fhall alfo have appel-
late jurifdict ion in fuch other cafes, as the legiflature may by law direct, which fhall
in no cafe tend to remove the caufe from the county in which the action originated ;
and the judges thereof, in all cafes of application for new trials, or correction of er-
rors, fhall enter their opinions on the minutes of the court. The inferior courts fhall
have cognizance of all other civil cafes, which fhall be tried in the county wherein the
defendant refides, except in cafes of joint obligors, refidingin different counties, which
may be commenced in either county ; and a copy of the petition and procefs, ferved
on the party or parties rending out of the county in which the fuit may be commenc-
ed, fhall be deemed fufficient fervice, under fuch rules and regulations as the legifla-
ture may direct . But the legiflature may, by law, to which two-thirds of each
branch {hall concur, give concurrent jurifdiction to the fuperior courts. The fuperi-
or and inferior courts fhall fit in each county twice in every year, at fueh ftated times,
as the legiflature fhall appoint.
Sect. 2. The judges {hall have falaries, adequate to their fervices, eftablifhed by
law, which fhall not be increafed or diminifhed during their continuance in office;
but {hall not receive any other perquifites or emoluments whatever, from parties or
others, on account of any duty required of them.
Sect. 3. There fhall be a State's attorney and folicitors appointed by the legifla-
ture, and commiflioned by the governor, who fhall hold their offices for the term
of three years, unlefs removed by fentence on impeachment, or by the governor,
on the addrefs of two-thirds of each branch of the general aflembly. They fhafl
have falaries adequate to their fervices, eftablifhed by law, which (hall not be increas-
ed or diminifhed during their continuance in office.
Sect. 4. Juftices of the inferior court3 fhall be appointed by the general aflembly, Juftices of thsf"
and be commiflioned by the governor, and fhall hold their commifFions during good how'appoiiitedj
behaviour, or as long as they refpedtively refide in the county for which they fhall
be appointed, unlefs removed by fentence on impeachment, or by the governor,
on the addrefs of two-thirds of each branch of the general aflembly. They may
DC J
1
Concurrent ju-
rifdiction may
be given to the
fuperior court.
The courts to
fit twice a year
in each county.
The judges to
be allowed ade-
quate falaries.
Staters attorney
and foliciters.
40 DIGEST OF THE
May have a be compenfated for their fervices, in fuch manner as the legiflature may by law
compen&tion. direft.
Juftices of the Sect. 5. The juftices of the peace fhall be nominated by the inferior courts of the
Snated by the ^"everal counties, and commiffioned by the governor, and there (hall be two juftices of
inferior courts, the peace in each captain's diftrict, either or both of whom fhall have "power to try all
cafes of a civil nature, within their diftrict, where the debt or liquidated demand does
Their jurifcliai- not exceed thirty dollars, in fuch manner as the legiflature may by law direct. They
ons" fhall hold their appointments during good behavior, or until they fhall be removed by
conviction on indictment in the fuperior court, for mal practice in office, or for any
felonious or imfamous crime, or by the governor, on the addrefs of two-thirds of each
branch of the legiflature.
Court of ordi- Seel. 6. The powers of a court of ordinary or regifter of probates, fhall be
ary' vefted in the inferior courts of each county, from whofe decifion there may be an
Appeal to the appeal to the fuperior court, under fuch reftrictions and regulations as the general
afiembly may by law direct ; but, the inferior court fhall have power to veft the care
of the records and other proceedings therein in the clerk, or fuch other perfon as
they may appoint, and any one or more juftices of the faid court, with fuch clerk or
other perfon, may iffue citations, and grant temporary letters in time of vacation,
Marriage li- to hold until the next meeting of the faid court ; and fuch clerk or other perfon
centos. may grant marriage licenfes.
writs of man- Sect. 7. The judges of the fuperior courts, or any one of them, fhall have
damus, prohibi- power to ifTue writs of mandamus, prohibition, fcire facias, and all other writs which
may be necefTary for carrying their powers fully into effect.
The laws civil Sect. 8. Within five years after the adoption of this conflitution, the body of
be revifed and our laws, civil and criminal, fhall be revifed, digefted and arranged, under proper
d'.gefted. heads, and promulgated in fuch manner as the legiflature may direct ; and no perfon
Caules may be ' 1 '' , 7- • ?• r
managed with fhall be debarred from advocating or defending his caufe, before any court or tn-
coun7!lhOUt bul>al} either by himfelf or counfel, or both.
Divorces. Sect. 9. Divorces fhall not be granted by the legiflature, until the parties fhall
have had a fair trial before the fuperior court, and a verdict fhall have been ob-
tained, authorifmg a divorce upon legal principles. And in fuch cafes, two-thirds
of each branch of the legiflature may pafs acts of divorce accordingly.
Clerks of the fu- Sect. io. The clerks of the fuperior and inferior courts fhall be appointed in
penor and mfe- fa^ manner as the legiflature may by law direct, fhall be commiffioned by the
nor courts. . . , . . .
governor, and fhall continue in office during good behaviour.
Sheriffs. Sect. 1 1. Sheriffs fhall be appointed in fuch manner as the general affembly may
by law direct, and fhall hold their appointments for the term of two years, unlefs
fooner removed by fentence on impeachment, or by the governor, on the addrefs of
two-thirds of the juftices of the inferior court and of the peace in the county ; but
Wtkm* no
LAWS OF GEORGIA. ,{t
no perfon (hall be twice elected flieriff within any term of four years ; and no county
officer after the next election fiiali be chofen at the time of electing a fenator or re-
prefentative.
ARTICLE IV.
Sect, i. The electors of members of the general afiembly fhall be citizens and QUai;fiCati0n of
inhabitants of this State, and (hall have attained the age of twenty-one years, and electors.
have paid all taxes which may have been required of them, and which they have had
an opportunity of paying, agreeably to law, for the year preceding the election, and
fhall have refided fix months within the county ; Provided, That in cafe of invaiion,
and the fnh abitants (hall be driven from any county, fo as to prevent an election
therein, fuch refugee inhabitants, being a majority of the voters of fuch county3 may-
meet under the direction of any three juftices of the peace thereof, in the neareft
county not in a flate of alarm, and proceed to an election, without having paid fuch .
tax fo required of electors, and the perfons elected thereat fliall be entitled to their
feats.
Sect. 2. All elections by the general afiembly (hall be by joint ballet of both Eieciionsbvthc
branches of the legiflature ; and when the fenate and houfe of reprefentatives unite general aiiem-
for the purpofe of electing, they fliall meet in the reprefentative chamber, and the joint ballot.
president of the fenate fliall in fuch cafes prefide, receive the ballots, and declare the
perfon or perfons elected. In all elections by the people, the electors (hall vote viva b>- the peep.:.-
voce j until the legiflature fliall otherwife direct. t0 be
viva voce
Sect. 3. The general officers of the militia fliall be elected by the general afiembly, jviVtia offi
and (hall be commiflioned by the governor. All other officers of the militia fliall be in what manner
elected in fuch manner as the legiflature may direct, and fliall be commiflioned by cet
the governor; and all militia officers now in commiffion, and thofe which maybe
hereafter commiflioned, fliall hold their commiflions during their ufual refidence
within the divifion, brigade, regiment, battalion, or company to which they belong,
unlefs removed by fentence of a court martial, or by the governor, on the addrefs of
two-thirds of each branch of the general afiembly.
Sect. 4. All perfons appointed by the legiflature, to\fill vacancies, fliall continue Perfons ag-
in office only fo long as to complete the time for which their predecefibrs were PmPied hy f^e
; ° r r legiflature to fill
appointed. vacancies.
Sect. 5. Freedom of the prefs, and trial by jury, as heretofore ufed in this State, Freedom of the
fliall remain inviolate; and no ex pojl fatlo law fliall be paffed. Pf^' &c'n fs
Sect. 6. No perfon, who heretofore hath been, or hereafter may be, a collector, ; ,.„'
Certain diKiu?.-*
or holder of public monies, fliall be eligible to any office in this State, until fuch lifications to o'f-
perfon fliall have accounted for, and paid into the treafury, all fums for which he fice"
may be accountable or liable.
F Sea.
42 DIGEST OF THE
»
Debtors. Sect. 7. The perfon of a debtor, where there is not a ftrorrg prefumption of
fraud, fhall not be detained in prifon, after delivering up, bo?m fide, all. his eft ate
real and perfonal, for the ufe of his creditors, in fuch manner as ihall be hereafter
regulated by law.
Former convk- Sect. 8. Convictions on impeachments, which have heretofore taken place, are
peachment'111" nereby releafed, and perfons laying under fuch convictions, reftored to citizenfhip.
Habeas corpus. Sect. 9. The writ of habeas corpus (hall not be fufpended, unlefs when in cafe
of rebellion, or invafion,' the public fafety may require it.
Freedom of re- Sect, io. No perfon within this St:.te (ball, upon any pretence, be deprived of
igioubuo ip. tke inepcimabie privilege of wcrfhipping God in a manner agreeable to his own con.
fcience, nor be compelled to attend any place of worfhip contrary to his own faith
and judgment ; nor fball he ever be obliged to pay tythes, taxes, or any other rate,
for the building or repairing any place qf worfhip, or for the maintainance of any
minifter or miniftry, contrary to what he believes to be right, or hath Voluntarily
Religious eftah- engaged to do. No one religious fociety fhall ever be eftablifhed in this State, in
hihment prolu- prefererice to another; nor fhall any perfon be denied the enjoyment of any civil
right, merely on account of his religious principles..
slaves not to be Sect. 11. There fhal] be no future importation of flaves into this State from
imported. Africa, or anv foreign place, after the fir ft day of October next. The legiflature
Nottobecman- „ ' ; oir. r , /. r n ., . °
cirated without mall have no power to pais laws ior the emancipation or Haves, without the confent
eonfentof own- 0f ga^ 0f their refpective owners, previous to fuch emancipation. They mail
Maybe brought have no power to prevent emigrants, from either of the United States to this
from other State, from bringing with them fuch perfons as may be deemed flaves by the laws
States by emi- ° '
grants. of any one of the United States.
Malicioiifly dlf- Sect. 12. Any perfon who fhall malkioufly difmemker, or deprive a flave of life,,
membering or fl)a]i fuffer fuch punifhment as would be inflicted in cafe the like offence had been
depriv'mgaflave . ,. - , , '',.. r r r • r
,-,r life— how commuted on a tree white perion, and on the like proof, except in caie of mfur-
pumfhed. veftion by fuch flave, and unlefs fuch death fhould happen by accident in giving
fuch flave moderate correction.
The arts and Sett. 1 3. The arts and feier.ces. mall be promoted, in one of more feminaries af '
Sciences to be ]ezrn[rig) and the le-giflature fhall, as foon as conveniently may be, give fuch further
donations and privileges, to thofe already eftablifhed, as may be necefTary to fecure
the obiects of their inftitution ; and it fhall be the duty of the general affembly, at
their next feiTion, to provide effectual meafures for the improvement and permanent
fecurity of the funds and endowments of fuch inftitutions.
Peribnsin office Sect. 14. All civil officers fhall continue in the exercife of the duties of their feve-
how long to ra-j cj|ices during the periods for which they were appointed, or until they fhall
continue. . ■• ■ ' ..
be fuperceded, by appointments made in conformity to this constitution : and all
laws now in force, fhaii continue to operatej4 fo far as they are compatible with this.
conftitutiouj.
LAWS OF GEORGIA. - 43
ConftitUlion, until repealed; and it fhall be the duty of the general aflembly to pais ihe !eg,ifia[ure
all neceflary laws and regulations, for carrying this conftitution into full e fleet. conftitution in-
to effect.
SecL 15. No part of this conftitution {hall be altered, unlefs a bill for that pur- The conftituti-
pofe, fpecif\ine the alterations intended to be made, fhall have" been read three times or<~m what,
1 ' r J o ^ . •« manner to be
in the houfe of reprefentatives, and three times in the fenate, on three feveral days altered.
in each houfe, and agreed to by two thirds of each houfe refpe£tively; and when
any fuch bill fhall be pafled in manner aforefaid, the fame fhall be publifhed at leift
fix months previous to the next enfuing annual election for members of the general
aflembly; and if fuch alterations, or any of them fo propofed, fhall be agreed to in
their firft feflion thereafter, by two-thirds of each branch of the general aflembly,
after the fame fhall have been read three times, on three feparate days, in eachTe-
fpeitive houfe, then and not otherwife, the fame fhall become a part of this confti-
tution.
WE the underwritten, delegates of the people of the State of Georgia, chofen
and authorifed by them to revife, alter or amend, the powers and principles
of their government, DO declare ordain and ratify the feveral articles and fecli-
ons contained in the fix pages hereunto prefixed as the conftitution of this State;
and the fame fhall be in operation from the date hereof.
In testimony whereof, we, and each of us reflectively, have hereunto fet our
hands, at Louisville, the feat of government, this thirtieth day of May, in
the year of our Lord one thoufand feven hundred and ninety eight, and in the
twenty-fecond year of the Independence of the United States of America; and
have caufed rhe great feal of the State to be affixed thereto.
J A RED IRWIN, President, and delegate from Wapington,
Attest,
James M. Simmons, Secretary.
A. D. 1755.
An A ft for regulating the militia of this province, and for the fecu- No. 1.
rity and better defence of the fame.
January 24, 1755.
Obfokte.
AnAfljorflamping, imprinting, emitting, and making current the fum No. »•
of f even thoufand pounds Jlerling in paper bills of credit, to be lei
out at inter ef on goodfecurities, at fix per cent, per annum, and for
applying the f aid interejl.
Feb
ru;
Obfokte.
ry i7» J755-
An
44 DIGEST OF THE
A. D. 1 755. An Acl for inflitling and impofing penalties upon any per/on or perfons
No' 3' that flo all publiflo and declare that the atls of the general affembly
of the province of Georgia are not of force.
February in. N
Obfolete.
No. f.
No a- An Ac! for raifing and granting to his majefty a fum of money to defray
the expences of the courts of oyer and terminer, and other contin-
gencies of government, -
February 21.
ObJ oleic,
An Acl for afcertaining the interefl money in the province of
Georgia,
March 7, 1755. (10 p. cent.)
See a3 of 1759, No. 46.
No. 6. An Acl to empower the fever alfurvey or s herein after named to lay
out public roads in the province of Georgia.
March 7.
Obfolete.
No- 7. An Acl for efablifljing a market in the town of Savannah, and to
prevent foref ailing, ingroffing, and unjujl exaclions in the faid
town and market,
March 7.
See ci8 of 1 787, No. 367 ; Iff ad of 1789, No. 430.
No. 8. J[n Acl to prevent fraudulent deeds and conveyances.*
Preamble. "^S"^" TTHEREAS many inconveniences may attend the want or neglecl of re-
yl Y cording in the public offices of this province all conveyances of land,
Enacted, negroes, and other chattels or mortgages of the fame, Be it ena£led> That all con-
veyances of lands, tenements, negroes, and other chattels, or hereditaments what-
foever
* Re-enacted with alterations by acl of 1768, No. 188.
LAWS OF GEORGIA. 45
foever or mortgages of the fame:, that were made before the palling this act, fhall A. D. 1755.
be regiftered in the regifter of the records office of this province within three months r> j
& ° r Deeds, mcrtga-
after the publishing this aft, except fuch as have been or may be hereafter executed ges, arid other
in Europe, which (hall be regiftered as directed in this aft, within a twelve month [^rlnd"^-1
and a day, and except fuch as have been or may be hereafter executed in the Weft- grotswhereand
India iflands or on the American continent north of South-Carolina, which fhall be h^^LAi'
regiftered as directed by this aft within fix months, and fuch as may be hereafter
made within this province be regiftered within the fpace of fixty days from the date
of the feveral deeds, conveyances, or mortgages, in failure of which, all fuch as are
lawfully and regularly regiftered as aforefaicl, fhall be deemed taken and conftrued to
be prior and fhall take place and be recoverable in law before any and every deed,
conveyance, or mortgage which has not been lawfully regiftered as above, any law,
cuitora, or ufage to the contrary notwithftanding.
II. And in order to difcoufage and deter all and every perfon and perfons from ,IM
making any fraudulent conveyances or mortgages, Be it further enatledy That If any lent how ex-
tender or mortgager of lands, tenements, negroes or other chattels or hereditaments te<;'ea fu~
t> fc> ' . ? nifhment.
within this province fhall prefume to execute a fecond or other deed of conveyance
or fale of the fame lands, tenements, negroes, or other chattels or hereditaments other
than the firft vendee of fuch lands, tenements, negroes or other chattels or heredita-
ments, or a fecond or other deed of mortgage without having taken notice in the
faid deed of mortgage of the firft or prior mortgage or mortgages with which the
faid lands, tenements, negroes or other chattels or hereditaments ftand charged at
the time of executing the faid deed ; all and every perfon and perfons fo offending
ftrall be tried and punifhed, and be fubjeft to the like forfeitures and penalties as the
laws of that part of Great Britain, called England, have provided againft all fuch
perfons as fhall execute deeds of mortgage without taking notice of all prior mort-
gages made.
III. And be it further enac7ed, That all wills or teftaments conveying properties in Wills or tefta-
this province, that have been formerly made and not recorded in the former office, ancl inv ^hat
be regiftered in the regifter of records office of this province within three months af- time to be en-
ter the paffing of this aft, except fuch as have been or may be made in Europe, all
which mail be regiftered as aforefaid within a twelve month and. a day, otherwife they
are deemed and conftrued to be void; and all wills and teftaments hereafter to be
made within this province, fhall be regiftered as above within three months from the
death of the teftator, in failure of which (he faid wills or teftaments fhall be deem-
ed and conftrued to be void and of no effeft.
IV. And be it further enacted, That all deeds or conveyance, mortgages, wills or ~ . „
J ' ' -•'■•■?***'. ~ . Deeds, &c.
writings that have been regularly entered in the former office of record of this pro- heretofore re-
i r • \ A A "\
vince fhall be deemed lawful to all intents and purpofes, any thing in this aft or any "^ LClma<ie ?-
other aft contained to the contrary notwithftariding.
DAVID DOUGLAS, Speaker.
J. Reynolds.
March 7, 1755.
An
46
DIGEST OF THE
A.D. 1755. An ASi for raifing a fund by an impojl on (hipping to defray the ex~
pence of keeping the light houfe * on Tybee ifland in repair, and for
building a houfe there for the ufe of the pilot.
■ March 7, 1755.
* Ceded to the United States by a<5t of 179I, No. 451.
No- 10.
No. Ii.
An Acl declaring it higkf\ treafon to counterfeit his majefty*s feal of
this province,
March 7, 1755.
Rendered obfolete by the revolution.
\ See U. S. Conft. art. 3, feft. 3, defining treafon.
An Acl to regulate fences in the province of Georgia.
March 7, 1755.
Repealed by acl of 1 759, No. 47.
A. D.i 756. An Acl for declaring and eflabli/hing the method of drawing and
No- I2- fummoning jurors in the province of Georgia.
December 13, 1756.
Obfolete.
No. 13.
Preamble.
Ena&ed.
An Acl for the eafe of diffenting protefanis vuithin this province vuho
may be fcrupulous of taking an oath in refpecl to the manner and
form of adminiflering the fame.
"^"W"T"FIEREAS many inconveniencies may arife in this province through the
V ▼ fcruples of divers proteftant diffenters within the fame, of good eftates
and abilities, who refufe to take an oath by laying their hand on the Holy Evangelifts,
whereby the public is deprived of their fervices as jurymen. And -whereas a£rs of
toleration and indulgence to proteftant diffenters have been found of beneficial ten-
dency to other his majefty's provinces, and may in a particular manner be fo to this
infant province : In order that fuch diffenting proteftants may be enabled and com-
pellable to ferve on all juries, and to give evidence in all cafes ; and that the a£rs '
of fuch proteftant diffenters may be valid and effectual in refpecl: of the manner and
form of taking and adminiftering oaths, Be it enabled, That immediately after paffing
this act, any perfon who fhall appear in any of the courts of judicature, or before
any judge or magiftrate in this province, either as juror, witnefs, party, or otherwife,
m
LAWS OF GEORGIA. 47
in any caufe, civil or criminal, and mall make and diftinclly repeat a folemn and A. D. 1756.
confcientious declaration and affirmation according to the form of his profeffion in . r I3' _
, . . . 1 • • , 1 1 1 r 11 A foleIT,n affir"
any matter, cauie or thing wherein an oath is required by law, in the following rnation as valid
words : " I J. B. do fwear, in the prefence of Almighty God, as I fhall anfwer f ,?n ™tli' *tld-
* * o ' : falfe affirmation
at the great and awful day of judgment, that (as the cafe may be) So help me God." punifbed as
And fuch folemn and confcientious declaration and affirmation fhall be deemed, PerJuiy-
held, adjudged, and taken to be valid and effectual to all intents, conftrufrions and
purpofes whatfoever, in the fame manner as if fuch perfon had taken an oath on the
Holy Evangelifts of Almighty God j and that all and every fuch perfon and perfons
as (hall be convicted of falfely and corruptly affirming and declaring any matter or
thing which (if the fame had been an oath taken on the Holy Evangelifts) would by
law amount to wilful and corrupt perjury, fhall incur the fame penalties, difabilities
and forfeitures as perfons convicted of wilful perjury do incur by the laws of
Great Britain.
WILLIAM LITTLE, Speaker,.
J. Reynolds.
December 13, 1756.
An Acl for the better regulation of the courts of requejl. No* 14.
December 13, 1756.
Obfolete.
An Acl for rai/ing a public ft ore of gunpowder for the defence of this no, 15.
province.
December 14, 1756.
Obfolete.
a. r>. 1757.
An act to explain and amend an acl, entitled, An acl for declaring No, 16.
and efiablifJmig the method of drawing and fammoning jurors in
the province of Georgia.
February 8, 1757.
Obfolete..
An Acl for the providing for, and difpofing of the Acadians now in »>■■
this province..
February 8=
Obfolete,.
An.
17-
4«3 DIGEST OF THE
A. D. 1757. /Ui AM for raiftng and granting to his majefiy afum of money to de~
®f l3, fray the expences of holding the courts of oyer and terminer, and
fome other expences of government.
February 8.
Obfolde.
No, 13.
Prem.ble.
Enaclc
An acl for confirming [ales of land in the province of Georgia by at tor-
nies or agents, and for afcertaining the proof of inftruments or ivrit-
ings made out of the province.*
1TT"HEREAS divers perfons living cut of this province, are and have been own-
Y ers of lands within the fame, which perfons have ufuaily appointed attor-
nics to fell and difpofe of fuch lands, to the end therefore that thole who have fo
purchafed may from henceforth be fecured in their titles and eftates, Be it ehatledy
Sales of land, That all fales of lands, tenements, and hereditaments, within this province, hereto-
^c • \ ^ fore made by any attornies or agents, who have been appointed and empowered by
nies or egents any perfon or perfons having a right fo to do, are and fhall be deemed and adjudged
law'0 Vai m g00^ an^ effectual in law, to all intents, conftruftions, and purpofes whatfoever, as
fully as if the faid owner or owners of fuch lands had, by their own deeds and con-
veyances, actually and really fold and conveyed the fame ; and all and fingular the
lands, tenements, and hereditaments, fold and conveyed as aforefaid, fhall be and
remain to fuch purchafers refpetHvely, for fuch eftate or eftates as the owner or own-
ers fo employing his or their attornies or agents had or ought to have had therein.
_ j • & , II. And be it further evafled, That all bonds, fpecialties, letters of attorney, and
execution of, other powers in writing, which fhall be produced in any court, or before any magif-
ow prove trate in this province, the execution whereof being proved by one or more of the
witneffes thereunto, by affidavit or affidavits, or folemn affirmation in writing, before
any governor or commander in chief, chief juftice, mayor, or other chief magiftrate,
of any of his majefty's provinces, cities, towns, or places, where fuch bonds, letters
'< of attorney, or other writings, are or fhall be made or executed, and accordingly cer-
tified and tranfmitted under the common or public feal of fuch province, courts, cities,
towns or places, where the faid bonds, letters of attorney, or other writings, are fo
proved refpeclively, fhall be taken and adjudged as fufficient in law as if the witnelTes
therein named had been prefent, and fuch certification fhall be fufficient evidence to
the court aad jury for the proof thereof ; Provided, That in every fuch affidavit or af-
firmation there fhall be expreffed the addition of the party making fuch affidavit or affir-
mation, and the particular place of his or her abode.
Sales of hnJs, HI. And be it further enabled, That all fales or conveyances of lands, tenements,
byVtter^of^t- or hereditaments, which fhall hereafter be made by virtue of any letters~br powers of
tomey or agen- attorney or agency, duly executed, which do or fhall exorefsly give power to fell lands
cy.how pro\ed ' A
and made valid,
'. /-■
* See 5 and 6 feci, of acl: of 1785, No. 3TT, on the fame fpbjeft.
Provifb.
LAWS OF GEORGIA.
49
er other efbtes, and be certified to have been proved as aforefaid, or (hall be proved -A. D. 1757.
in this province before any juftice of the peace, by one or more of the witrieffes there- No- 19-
to, fhall be good and effectual in law, to all intents, conftructions, and purpofes
whatfoever,. the fame as if the faid conftituent or constituents had, by their own deeds
and conveyances, actually and really fold and conveyed the fame ; Provided always, Provifo,
That no fale of lands, tenements, hereditaments, made by virtue of fuch power or
powers of attorney or agency as aforefaid, fhall be good and effectual, unlefs fuch fale
be made and executed while fuch power is in force, and all fueh powers fhall be ac~
counted, deemed,, and taken to be in force, until the attorney or agent fhall have
due notice of a countermand, revocation, or death of the conftituent.
Y/XLLIAM LITTLE, Speaker.
John Reynolds.
February 8, 1757-
An Ac! for explaining and amending an acl to empower the fever al £&■ j©.
furveyors hereafter named to lay out public roads in the province oj
Georgia.
February 8.
Obfolete. See aS oj r 1786, No. 358.
An Act for the better ft curing the payment, and more eafy recovery
of debts due from any perfon not refiding in this province by attach-
ing their efiate perfonal, if any fuch they have in this province.
February 8.
See aS of 1 761, No. 74;
G An-
No. 5T>
An Acl for ejlablifhing a -watch in the town, of Savannah no.
July 19, 1757.
Obfolete,
An Ac~i for the better fettling the province of Georgia, No. jp*
July 19.
This. a8 is in its nature temporary Obfolete,
|o DIGEST OF THE
A. D- 1757, An AH for preventing the enemy from being f up plied with cattle -or
*4' other provifions from this province,
July 19.
Obfokte.
No. %s, jin ASl for the fecurity and defence of the province of Georgia by
erefling forts in the fever al parts thereof and for appointing com"
mifjioners to carry the fame into execution,
July 19.
Obfokte.
No. 26. An Ac! for efiabllfhlng and regulating of patrols,
July 28.
Obfokte. See a8 of 1765, No. 137.
No. 27. An Acl to oblige the male white perfons in the province of Georgia
to carry fire arms to all places of public worfhip.
July 28, 1757.
Obfokte. — See ail of Ij'jo, No. 191.
No. 28. jln JIB for flumping and Iffulng in paper bills of credit the fum of fix
hundred and thlr ty~ eight pounds f even fhllllngs and one penny and
a far thing to be applied in dij charge of the public debt, and for
appropriating three-fourths of the inter efl on the fum of two thou-
fandfeven hundred and eighty-five pounds already Iffued and let to
inter efl to the finking of the f aid fum. And alfo for (lamping and
iffulng the further fum of two hundred pounds to be applied In the
exchanging defaced and obliterated bills, i
July 28.
Obfokte.
No. 29. An AB for raifing and granting to his majefy the fum of fix hundred
and forty-five pounds to defray the expences of holding the courts
of oyer and terminer, and other expences of government,
July 28. '
Obfokte. An
LA-WS OF GEORGIA. .' 51
Ait Aft for regulating taverns and punch houfes, and retailers of A, D. 1757,
Jpiritous liquors, °* 3°*
July 28.
Repealed by acl of' I 791, No. 459.
A. D. 1758.
*An Acl to prevent private perfons from pur chafing lands fronts the No, 31.
Indians^ and for preventing perfons trading vuith them without
licence*
'HERE AS the fafety, welfare, and prefervation of this province of Georgia, Preamble ,
doth, in great meafure depend on the maintaining a good correfpondence
between his majefty's fubjects and the feveral nations of Indians in amity, with the
faid province : And whereas many inconveniences have arifen, from private perfons
claiming lands, included in the charter granted to the late honorable truftees for efta- »
blifhing the colony of Georgia by his prefent majefty, and fince reinvefted in the
crown, under pretence of certain purchafe-s made of them from the Indians, which
have given occafion for difputes with thofe people ; for remedy whereof, and for
preventing any differences or difputes with the Indians for the future, and alfo for
preventing perfons trading with them without licence, Be it enacled, That from and Ena&ed.
after the fifteenth day of February, one thoufand feven hundred and fifty-eight, if any f^'"^ j^
perfon or perfons whofoever fhall attempt to purchafe or contract for, or caufe to Indians unlefs
be purchafed or contracted for, or (hall take or accept of a grant or conveyance of to\/void and
any lands, or tracts of landj from any Indian, or body of Indians, upon any pretence the offender to
whatsoever, (except for the ufe of the crown, and that by permiflion for this purpofe
firft had and obtained from his majefty, his heirs or fucceflors, or his or their gover-
nor or commander in chief of the faid province for the time being) every fuch pur-
chafe, contract, grant, and conveyance, fhall be, and is and are hereby declared to be
null and void, to all intents and purpofes whatsoever ; and all and every perfon and
perfons fo offending fhall, for every fuch offence, forfeit the fum of one thoufand
pounds, fterling money of Great Britain, the one half thereof to his majefty-f-, his
heirs and fucceflors, for the ufe of the province, and the other half to him or them
who fhall fue for the fame, by action of debt, or information, in the general court of
this province, in which no aflbign, protection, privilege, or wager of law, or more
than one imparlance, fhall be allowed.
The rejl of the acl refpetling trade and intercourfe with Indians obfolete, being under dire&ion of
Congrefs. See fed, confl. and act of U. S. 1 790.
DAVID MONTAIGUT, Speaker.
PATRICK HOUSTOUN, Prefident.
Henry Ellis.
February 15, 1758.
* See aft of 1784, No, 286, on the fame fubjeift. Sales of lands by Indians-regulated by aft of Congrefs
July 22. 1790.
f Now applied to the ufe. of the State. See act of 1784, , No. 287,
An
5= DIGEST OF THE
An"'3'758' A" M > hetter >-?S"l«?»>J ^ »'«rLa in the town of Savannah.
March 15.
Obfolete.
No 23. An Acl to explain and amend an aft pajfed in the laji fejion of the
prefent general affembly of this province, entitled, « An Act for the
feenrity and defence of the province of Georgia by ereeling forts in
the fever al parts thereof, and for appointing commiffwners to carry
the fame into execution?'
March 15,
Obfolete.
No. 34. An Ac! to amend and continue an acl, entitled, An adl for regulating
the militia of this province, and for the Security and better defence
of the fame.
March 15.
0 bfokte.
No. Z5. An Adl to encourage ivhite tradefmen to fettle in the fever al towns
within the province of Georgia, by preventing the employing ne-
groes and other flaves being handicraft tradefmen inthef aid towns.
March 15.
Rendered obfolete by the change of government. /
No. 36. An Acl for confituting and dividing thefeveral diflricls and divifions of
this province into parifhes^ and for eflablifhing of religious wor-
fhip therein, according to the rites and ceremonies of the church of
England ; and alfo for empowering the church-wardens and veflry-
men of the refpetlive parifhes to affefs rates for the repair of
churches, the relief of the poor, and other parochial fervices.f
Parifhes laid off I. 13 E it enaBed, That the feveral diflricls and divifions of the faid province fhall,
and ikfcnbed. Jf/j from and after the feventeenth day of March, one thoufand feven hundred
and fifty-eight, be divided and constituted into eight parifhes, that is to fay, the town
and
* See act of 1765. No. 126. Defining other parifhes, and adding to St. James.
f Before the revolution the laws had coercive power on religious fervice in the church, the revolution chan-
ged the antient order of things in church and ftate. The people then made a constitution for thcmfclves, in
which was deflroyed all church Supremacy ; and all men declared to haveliberty to worfhip in their own way
and to be liable to no tax or buri-ben except in their own fociety. And an act. of aflsmbly ha6 iince palled, con-
tinuinfr
LAWS OF GEORGIA.
5.3
and diftrict of Savannah, extending up the river Savannah, including the iflands A. D. 1758.
therein, as far as the fouth-eaft boundary of Gofhen, from thence in a fouth-we(! No" 3<5,
line to the river Great Ogechee, and from the town of Savannah eaftward, as far as
the mouth of the river Savannah, including the fea islands to the mouth of the river
Great Ogechee, and all the fettlements on the north fide the faid river to the wefiera
boundaries thereof, fhall be and forever continue a parifh, by the name of the parifli
of Chrijl Church ; the diftrict of Abercorn and Gofhen, and the diftrict of Ebenezer,
extending from the north-weft boundaries of the parifli of Chrijl Church up the river Chrift Church.
Savannah as far as the Beaver-Dam, and fouth-weft as far as the mouth of Horfe-
Creek on the river Great Ogechee, fhall be and ever continue a parifh, bv the name
of the parifh of Saint-Matthew, the diftrict of Halifax, extending from the north- St. Matthew.
weft boundaries of the parifh of Saint-Matthew up the river Savannah from the mouth
of Mackbeen's Swamp to the head thereof, and from thence to the head of Lambol's
Creek, to the river Great Ogechee, fhall be and forever continue a parifli, by the
name of the parifh of Saint-George ; the diftrict of Augufta, extending from the north- St. George,
welt boundary of the parifh of Saint-George, and fouth-weft as far as the river Oge-
chee, and north-weft up the river S:ivannah as far as Broad-River, "fhall be and for-
ever continue a paiifh by the name of the parifh of Saint-Paul; the town of Hard- St. Paut
wick, and diftrict of Ogechee, on the fouth fide of the river Great Ogechee, extend-
ing north-weft up the faid river as far as the Lower-Indian Trading-Path leading from
Mount-Pleafant, and fouthward from the town of Hardwick as far as the fwamp of
James Dunham, including the fettlements on the north fide of the north branches of the
river Midway, with the ifiands of OiTabaw, and from the head of the faid Dunham's
Swamp, in a north weft line, fhall be and forever continue a parifh, by the name of
the parifh of Saint-Philip; from Sunbury, in the diftrict of Midway and Newport, St. Philip.
from the fouthern bounds of the parifli of Saint-Philip, extending fouthward as far as
the north line of Samuel Haftings, and from thence fouth-eaft to the fouth branch of
Newport, including the iflands of Saint-Catharine and Bermuda, and from the north
line of the faid Samuel Haftings north- weft, fhall be and forever continue a parifh,
by the name of the parifh of Saint- John; the town and diftrict of Darien, extending St. John.
from the fouth boundary of the parifh of Saint-John to the river Alatamaha, inclu-
ding the ifiands of Sapelo and Eaftwood and the fea ifiands to the north of Egg-lfland,
north-weft up the river Alatamaha to the forks of the faid river, fhall be and forever
continue a parifli, by the name of the parifh of Saint- Andrew; and the town and St. Andrew.
diftrict .
tinuir.g all the royal provincial afts, not inconfifrcnt with the principles of the revolution, the conftitution and
acls of the Stale. The queftion now arifes, 'whether the parts of the old a As giving power of affefling rates, arc
fo confident or not at this day. The anfwer is evident, religious affocialions are voluntary, and may be incor-
porated, and the legiflature may give fuch power upon their application; hut without a fpecialiaw fuch affefT-
ments cannot be made. Thofe parts therefore of the antient ac'ts, mufh he confidered as dead letter ; and the ge-
niusof our government muil prevail. The following are confidered, and have often been afferted, among the
natural rights of mankind, " That no man fhall he compelled to frequent or fupport any religious worfhip, place
" or minidry whacfocver, nor fhall be enforced, reftiained, molefted, or burthened in his body or goods, nor
" fhall otherwife fuffer on account of his religious opinions or belief ; but that all men fhall be. free to profefs,
" and by argument to maintain, their opinions in matters of religion, and that the fame fhall in no wife dimi-
«« nifh, enlarge, or affecT: their civil capacities.''
See 10. feet. 4. art, Conft. 1798. to like effetft.
54
A. D. 1758.
No. 36
St. James.
Church in Sa-
vannah and bu-
rial phce.
Chrift Church.
Church in Au-
pufta and burial
place thereto.
St. Paul.
DIGEST OF THE
diftrict of Frederica, including the iflands of great and little Saint-Simon, and the
adjacent iflands, fhall. be and forever, continue a parifh, by the name of the parifh of
Saint-James,
II. And be it further enacled, That from and after the faid feventeenth day of
March, one thoufand feven hundred and fifty-eight, the church already erected in
the town of Savannah,* and the ground as now ufed for a cemetery or a buria.1
place thereto, fhall be the parifh church and cemetry of Chrift Church..
III. Repugnant to the form of our government,
IV. And be it further enacledf That from and after the faid feventeenth day of
March, one thoufand feven hundred and fifty-eight, the church erected in the town
of Augufta, with the cemetery or burial place thereto belonging, fhail be the parifh
church and burial place of Saint-Paul
The reji of this ad, repugnant to the form of our government.
DAVID MONTAIGUT, Speaker.
PATRICK HOUSTON.
Henry Ellis. - -
March 15, 1758.
No. 37.-
Preamble.
An Acl for limiting the time for perfons claiming lands by virtue of
warrants offurvey, allotments, nominal titles, or pojfejjton, derived
from and under the late t honorable truftees for eflablifhing the colo->
ny of Georgia, their prefident and afftjlants, or any others acllng by
and under their authority.
"HERE AS great numbers of town lots,, and other tracts of land, in different
parts of this province, that have heretofore been allotted by the late ho-
norable truftees for eftablifhing the colony of Georgia, or thofe acting under their
authority, do now lie vacant and uncultivated, the feveral perfons to whom thqy
are allotted being either dead or having left the province, to the great hinderance of
the fettlement of it, and the retardation of his majefty's quit rents : And whereas
the limiting a certain time for all perfons claiming right to fuch lots and lands, to put
in and make good their claims to the fame, or other wife to be excluded therefrom,
would greatly tend to the fettlement and cultivation of the province, by obliging fuch
perfons to take out grants for fuch lots and lands, or elfe enabling his majefty's go-
vernor and council to grant them to others;
Lots or traces of I. Be it therefore enacted, That all and every perfon and perfons, that now hold, or
land, &c. pof- c]ajm to hold, any lot or lots, tract or tracts of land in the faid province of Georgia,
late truftees, by virtue of any warrant of furvey, allotment, nominal title, or poffeffion, derived from
fen^t^yfthin ant* un^er tne ^a^ truftees, their prefident and affiftants, or any others acting by and
three years. under
* Seea<fts of 1763, No, 94, and 1768, No. 178, enlarging the cemetery.
f Titles under truftees confirmed by act of 1759, No. 40..-
LAWS OF GEORGIA.
55
under their authority, (fuch as hold under regular grants palled under the common A. D. 1758*
feal of the faid truftees excepted) do and fhall, within three years from and after the No. 37.
twentieth day of March, one thoufand feven hundred and fifty-eight, appear before the
governor and council of the faid province, in their own perfons, or by their attornies
or fubftitutes lawfully conftituted, and prove and make good their claim and title to
all and every fuch lot or lots, tract or trails of land, as they fhall fo hold, or claim to
hold, in manner aforefaid, to the fatisfaction of the faid governor and council, and all
and every fuch perfon and perfons, having fo proved and made good their faid claims
and titles, and the fame being allowed of by the faid governor and council, fhall and
•do, within fix months next after fuch allowance, take out the king's grant for the
fame, in failure whereof, all and every fuch claim and claims to be void.
II. And be it further enafiedy That all and every fuch perfon and perfons, that now otherwife
hold or claim to hold, any lot or lots, tract or tracts of land, by virtue of any warrant cia."ns t0 bc
©f furvey, allotment, nominal title, or pofTeflion as aforefaid, (except as herein before
excepted) that fhall not appear before the governor and council of the faid province, in
their proper perfons, or by their attornies or fubftitutes lawfully conftituted, and fhall
not prove and make good their claims thereto within the time herein before limited,
and in the manner as herein before is directed, all and every fuch perfon and perfons
fhall, and is, and are hereby forever after debarred and excluded from having any right
or title to all and every fuch lot and lots, tract and tracts of land, by virtue of any fuch
warrant of furvey, allotment, nominal title, or pofTeflion, as aforefaid, and the fame
fhall from thenceforth become forfeited, and revert to his majefty, his heirs and fuc-
cefibrs.
III. And be it further ena3ed, That from and immediately after the end and ex- and forfeited.
piration of the faid term of three years, all and every the faid lot and lots, tract and
tracts of land that fhall not then have been claimed, or the title thereto approved of,
according to the direction and true intent and meaning of this act, fhall be, and the
fame is and are hereby declared to be forfeited to his majefty, his heirs and fucceffors,
and fhall, to all intents and purpofes, be deemed, held and accounted, as vacant land,
and then and from thenceforth it fhall and may be lawful to and for the governor and
council of the faid province for the time being to iflue warrants for granting the fame
away as fuch to any perfon or perfons whomfoever ; Provided neverthe/efs} That no- provifo,
thing herein contained fhall vacate or prejudice the right of any perfon or perfons,
being -within the age of twenty-one years, non compos mentis., or imprifoned, at the
commencement of this act, fo as fuch perfon or perfons do make their claim within
three years after he, fhe or they, fhall attain the age of twenty-one years, fhall become
of found mind, or be enlarged out of prifon.
IV. And whereas the records of the firft furveys and allotments made of lands in
this province are very imperfect, and the furveyor general by that means unable to
render an account of fuch as have fo been furveyed and allotted for perfons who are
dead, or abfent from this province, as aforefaid ; wherefore, that this bufinefs may
be the better and more perfectly performed, Be it further enacled, That all and every
perfon and perfons now refident in this province, or in the province of South Carolina,
that
DIGEST OF THE
A. D. 1758.
No. 37-
Claimants rc-
fsding here or
in S. Carolina
to give in their
claims within
eighteen
months and take
out grants*
AMrad of this
aft to be pub-
lifhed in the
London and S.
Carolina ga-
zettes.
Provifo.
that hold, or claim to hold, any lot or lots, tract or tracts of land, in the faid pro-
vince of Georgia, by virtue of any warrants of furvey, allotment, nominal title, or
pofleffioa, derived from and under the faid truftees for eftablifhing the colony of
Georgia, their prefident and affiftants, or any others acting by and under their autho-
rity, (except as herein before is excepted) do and (hall, within eighteen mouths from
and after the twentieth day of March, one thoufand feven hundred and fifty-eight,
appear before the governor and council of the faid province of Georgia, in their own
perfons, or by their attornies or fubftitutes lawfully conftitutcd, and prove and make
good their claim and title to all and every fuch lot or lots, tract or tracts of land, as
they fhall fo hold, or claim to hold, in manner aforefaid, to the fatisfaction of the
faid governor and council, and fuch claim and title being allowed of, do and fhall,
within three months next after fuch allowance, take out his majefty's patent and
grant for the fame, in default and failure whereof all and every fuch claim and
claims to be void •, and all and every fuch lot and lots, tract and tracts of land, mall
and may from thenceforth be patented and granted away as vacant land, in manner as
herein before is directed ; any thing in this act contained to the contrary thereof in
any wife notwithitanding.
V. And, to the intent that no perfon may plead ignorance hereof, this act fhalls
as foon as conveniently may be, after the faid twentieth day of March one thoufand
feven hundred and fifty-eight, be printed, and an abftract thereof fhall be publifhed
in the London and South Carolina Gazettes ; Provided always, and be it further enabl-
ed by the authority aforefaid, That in cafe his majefty, by his royal proclamation, iffued
at any time before the twentieth day of September, one thoufand feven hundred and
fifty-nine, fhall fignify his pleafure as to all or any of the matters and things in this
act contained, then this act, and every or fuch article, claufe, and- thing therein, fhall.
eeafe, determine, and be utterly void ; any thing herein before contained to the con-
trary thereof in any wife notwithftanding.
DAVID MONTA1GUT, Speaker..
PATRICK HOUSTOUN. /
Henry Ei.lis..
*758-
March 15,
No. 38.
An Ac! for preventing the enemy from being fupplied ivith cattle and
other provifions from this province,
December 12, 175^8.
Obfolete..
No. 39.
An AH for regulating the affize of bread*
December 12.
Obfolcte. See a& of 1 768, No. 74*.
dh
LAWS OF GEORGIA. S7
An Acl to empower the commijjioners of the general loan tofiamp, imprint-, fign} and pay A. D. 1759*
into the hands of his majejlfs treafurery the further fum of ^.799 8 1 1 in forling No. 40.
bills of credit > to defray the expence of repairing the church in Savannah & for. building
a public magazine in the town of Savannah; for fecuring the light houfe on Tybee
ifland; and to make good a deficiency of the lajl public tax defrayed by an accident of
fire.
March 27, 1759.
Obfolete.
An ac~l for eflablifhing and confirming the titles of the fever alinhabi- No. 4s.
tants of this province to their refpeclive lands and tenements,
t
FORASMUCH as many Suits and contefts may hereafter arife by means of pretend- Preamble.
ed antient titles to lands and tenements derived from and under the late lords
proprietors of Carolina, the conditions of which title* have not been. complied with,,
and. the lands have Since been regranted : For remedy and prevention whereof, and
for quieting the eftates of the prefent lawful poSSefiors and avoiding fuits- in law, Be
it enacledy That all and every perfon and perfons that are now poSfeSfed of or do hold. Ena&ed.
any lands or tenements whatsoever within the faid province of Georgia, by and under Gr^nts of *e
grants from the late honorable truftees for eftablifhing the colony of Georgia, or by thofe fince the
and under grants from his majefty obtained fince the Surrender of the charter of the ^rar™jerof the
faid truStefs, are hereby eStabliShed and confirmed in the poSfeffion of their Several and firmed againft
refpeclive lands -and tenements, and fuch grants thereof are hereby accordingly rati- uleC k>'rds mpr"
fied and confirmed, and declared to be good and valid to all intents and purpofes what- pnetors of Ca-
foever, againft all and all manner of perfons claiming any eftate or intereft therein by grants before'
and under the faid lords proprietors of Carolina, or by or under any former grants ob- lhe,dt,te of thc
tained before the date of his majefty's charter to the faid truftees for eftablifhing the
colony of Georgia, any act, law or Statute to the contrary notwithstanding.
DAVID MONTAIGUT, Speaker.
PATRICK HOUSTOUN, frefident...
Henry Ellis.
March 27, 1759-
An Acl for raiftng and granting to his majefiy the fum of f.ii 20 5 cf- to defray the ex-- No. ,43.
pences of holding the courts of oyer and terminer^ and fame ether cxpences of govcrn-
■vernment.
March 27;
Obfolele.
An Act for erecting a public magazine* $fo, 43,
March 27, 1759.
Obfolete..
*S 1 1 • <Ajt
58 DIGEST OF THE
A. D. 1 759» Ah Act for the repairing of Cbrift Clurch in Savannah.
No'44- March 27.
Obfokte.
No. 45, An A3 to prevent the building wooden chimneys in the town of Savannah, the repair of
thofe already built, and to provide againfl accidents of fire.
March 27.
Obfokte. — See acl of 1 787, No. 367.
No. 46. An Act for reducing the inter eft of money in this province.
Preamble. "^ITTHEREAS the high rate of intereft in this province of Georgia is a great dif-
Yf couragement to planters and others from improving their landed eftates
therein, by reafon that the profits arifing from fuch improvements do not equal the
fum paid for money fo laid out and employed ; And whereas many planters and
others, by failure of crops and other misfortunes, do become unavoidably indebted,
and are therefore made chargeable with the faid high rate of intereft, to the detriment
of the faid planters and others, and to the great hinderance of the improvement and
fettlement of the faid province j for remedy whereof, and for preventing the like mif-
Enacted. chiefs for the future, Be it enacled, That no perfon or perfons whomfoever, from and
after the twenty-ninth day of March, in the year of our Lord one thoufand feven
hundred and fifty-nine, upon any contra£l that fhall be made from and after the faid
twenty-ninth day of March, (hall take, directly or indirectly, for loan of any monies,
wares, merchandizes, or other commodities whatfoever, above the value of eight
intereft of mo- pounds for the forbearance of one hundred pounds for a year, and fo after that rate
sey to beat the £ greater or leffer fum, or for a longer or fhorter time, and that all bonds, con-
xaie 01 a per 0 ° . * }
tent. - tracts*, and afTurances whatfoever, made after tne time aiorefaid^ for the payment
of any principal or money, to be lent, covenanted, to be performed upon, or for any
ufury, whereupon or whereby there fhall be referved or taken above the rate of eight
pounds in the hundred as aforefaid, (hall be utterly void; and that all and every per-
fon or perfons whomfoever, who fhall, after the time aforefaid, upon any contrail to
be made after the faid twenty-ninth day of March, take, accept, and receive, by way
or means of any corrupt bargain, loan, exchange, chevizance, ffiift, or intereft of any
■wares, merchandize, or other thing or things whatfoever, or by any deceitful way or
means, or by any covin, engine, or deceitful conveyance,, for the forbearing or giving
day of payment for one whole year, of and for their money or other thing above the
fum of eight pounds for the forbearing of one hundred pounds for a year, and fo
after that rate for a greater or lefter fum, or for a longer or fhorter term, fhall forfeit
and lofe for every fuch offence the treble value of the monies, wares, merchandizes,
and
* See jicl of 1792, No. 475, feel. 38; and note refpeiling intereft on open sccounts or unliquidated
demands.
LAWS OF GEORGIA.
59
and other things fo lent, bargained, exchanged, or fhifted, any law, ufage, orcuftorn A. D. 1759,
to the contrary thereof, in any wife notwithftanding. No* 4<s-
DAVID MONTAIGUT, Speaker.
PATRICK HOUSTOUN, Prefident.
Henry Ellis..
March 27, 1759.
An Act for the better regulating fences in the province of Georgia*, no. 47.
'HEPiEAS an act paffed the feventh day of March, one thoufand kven Preamble.
hundred and fifty-five, in the fir ft feffion of the firft general affembly of
this province, entitled, " An act to regulate fences in the province of Georgia,"
has been found very ineffectual for the purpofes thereby intended : And whereas
the fixing and eftablifhing fit and proper dimenfions for all fences and enclofures to
be erected and made in and about the feveral plantations and fettlements of this
province, would not only prevent the feveral owners and occupiers thereof, fo
fenced and enclofed, from receiving any damage from the irruption, ftraying, or
breaking in of cattle, horfes, fheep, goats, or fwine, but would likewife obviate
any doubts or difputes happening or arifing as to the ftrength and fufhciency of fuch.
fences and enclofures, in cafe of any irruption or trefpafs to be committed within
the fame : Be it enaHed, That from and after the twenty^ninth day of March one Fna&ed.
thoufand feven hundred and fifty-nine, all fences or enclofures, commonly called P'meniions of
worm fences, that fhall be erected and made around or about any garden, orchard,
rice ground, indigo field, plantation or fettlement, in this province, fhall be fix feet
high when flaked and ridered, and from the ground to the height of three feet of
every fuch fence or enclofure the rails thereof {hall not be more than four inches
diftant from each other; and that all fences or enclofures, that fhall confift of pal-
ing, fhall likewife be five feet high from the ground, and the pales thereof not. more
than two inches afunder ;, Provided always, That where any fence or enclofure fhall.
be made with a ditch or trench, the fame fhall be four feet wide, and in that caf®
the fence fhall be fix feet high from the bottom of the ditch.
II. And be it further enaBcd, That if any trefpafs or damage fhall be committed:
in any garden, orchard, rice ground, indigo field, plantation,. or fettlement, not being-
fenced and enciofed in manner as herein before is directed by the irruption, break-
ing in, or ftraying of any cattle, horfes, fheep, goats, or fwine, the owner of fuch Owners of cat*
cattle, horfes, fheep, goats, cr fwine, fhall not be liable to anfwer for fuch trefpafs, w^ fo^' aAy*da~
or to make good or fatisfy any damage or injury that fhall happen or be committed by mages done in
reafon thereof;, and in cafe any perfon or perfons fhall kill, maim, hurt, or deftroy, a^yds'^cc lxiol.
or caufe to be killed, maimed, hurt, or deftroyed any cattle, horfes, fheep, goats, or properly fenced*.
fwine, fo trefpa fling, ftraying, or breaking into any garden,, orchard, rice ground,,
indigo field, plantation, or fettlement, not fenced and enolofed in manner as by this adV
is directed, all and every fuch perfon and perfons fhall anfwer and make good to the
owner or owners thereof all fuch injury and damages as he or they fhall fuftain thereby,.
the
60 DIGEST OF THE
A. D. 1759. the fame to be recovered, on due proof thereof, before any two juftices of the peace
No. 47. for the diftrict where the offence {hall be committed^ and to be levied by warrant
of diftrefs and fale of the offender's, goods.
Juftices to ap- JIJ- And be It further enured, That in cafe any cattle, horfes, {heep, goats, or
point three free- fwjne {]ia]i break into any garden, orchard, rice ground, indigo field, plantation,
holders to ap- * 1 • <• 1 1 i r 1
praife the da- or fettlement, being fenced and enclofed according to the direction of this act, then,
SeS<&"eby on application of the party aggrieved, it fhall be lawful for any of his majefty's
juftices of the peace in the faid province to appoint any three indifferent freeholders
to view and appraife the damage. fo committed and fuftained, and the appraifernent
made and figned by the faid freeholders fhall be delivered to the faid juftice, or any
other, who is hereby authorifed and empowered to caufe the * fum fo appraifed -to
be levied by warrant of diftrefs and fale of the offender's goods.
Refufing to ap- *V. And &e fcjfwtty* enabled, That in cafe any freeholder, appointed by any juftice
praife fhall for- to view and appraife any damage faid to be committed, fhall neglect or refufe to
Jino-s.° y make fuch view and appraifement, in manner as directed by this act, every fuch free-
holder forefufiftg or neglecting fhall forfeit and pay, for every fuch offence, a fum
not. exceeding forty (hillings, to be levied by diftrefs and fale of the offender's goods
to be for the ufe of the party injured.
Caufes, &c. not V. And be it further enabled, That no planter or Other perfon, not having a lawful
to he fixed in 'fence, fhall fix in any of his inclofures any canes or flakes, or any other thing that
^undcrppnaityof fhall or may kill, maim, hurt, or deftroy, any cattle, horfes, fheep, goats or fwine,
twentyihiilingr. under the forfeiture of twenty {hillings fterling for every fuch offence, on being con-
victed thereof before any juftice of the peace of the diftrict or place where fuch of-
fender fhall dwell, upon confeffion of fuch offender, or proof by one or more credi-
ble witnefs or witneffes upon oath, one. half thereof to be paid to the informer, and
the other half to the poor of the faid diftrict, the. fame to be levied by diftrefs and
fale of the offender's goods, by warrant of the juftice before whom fuch offender
fhall be convicted, returning to the owner the overplus, if any, after all charges
deducted.
saPrevifd. VI. Provided always, and he it further enabled, That in all trials to be had before
In trials of da- one or more juftices of the peace by virtue of this act, the right of the party to
mages right to the lands on which the trefpafs or damage fhall be faid to be done fhall not be
. the lands not to x a .
be queftioned. brought in queftion, but the fame fhallbe taken for granted to all intents and pur-
pofes whatsoever.
Acl of 1755 re- VII. And he it further enabled, That the act for regulating fences in the province
pealed. 0f Georgia, paffed the feventh March, one thoufand feven hundred and fifty-five,
in the firfl feffion of the firft general affembly of the faid province,, fhall be and is
thereby repealed, revoke^, difannulled, and forever made void.
DAVID MONTA1GUT, Speaker,
PATRICK HOUSTOUN, PrefdenU
Henry Ellis.
March 27, 1759. An
1
* Not exceeding £30 the jurifdiction of juftices of the peace being limited to that fum— See judiciary act
- ef 1797, No. 583. Damages above that Aim can now be afcertained only by a jury.
LAWS OF GEORGIA. ^
An A3 for appointing commi/Jioners to repair andfecure the foundation of the light houfe A. D, 1759.
on Tybee if and. No- 48.
March 27.
Obfolete,
An Aft to explain and amend an aft, entitled " An ail for better regulating the market No 49.
in the town of Savannah.
March 27.
Obfolete.
An Alt to prevent mafers of vejftls from carrying off perfons in debt from this province. n0. 50,
March 27.
Rendered obfolete by the operation of the general government. — See fed. con.
An Ac~l to continue feveral acls of the general affembly of this No. 51,
province,*
WHEREAS feveral ufeful and neceffary laws of this province are near expiring, A& for ra;fin_
Be it enacled, That an atl of the laft general affembly, entitled, an act for a fund by an
raifing a fund by an import on fhipping to defray the expenfe of keeping the light pinVLmffed'1 '"
houfe on Tybee Ifland in repair, and for building an houfe there for the pilot, paffed 7th March,
the feventh of March one thoufand feven hundred and fifty-five, which was to be in
force for three years from the faid feventh of March one thoufand feven hundred and
fifty-five, and from thence to the end of the next feffion of the general affembly, fhall
be, and the fame is hereby continued from the expiration thereof until the feventh Continued until
day of March one thoufand feven hundred and fixty-four, and from thence to the 1th March,
end of the then next feffion of the general affembly, and no longer.
II. And be it further enacled by the authority afore/aid, That another at~i of the laft Aclfor the bet-
general affembly, entitled an act for the better ordering and governing of negroes and Le0rv°rn!neS ne-
other flaves in this province paffed the feventh- day of March one thoufand feven hun- groes and other
dred and fifty-five, which was to be in force for three years from the faid feventh of March \ 755;
March one thoufand feven hundred and fifty-five, and from thence to the end of the
next feffion of the general affembly (hall, and the fame is hereby continued from the Continued until
expiration thereof until the feventh day of March one thoufand feven hundred and £ L6
fixty-four, and from thence to the end of the then next feffion of the general affembly,
and no longer.
III. And be it enabled by the authority aforefaid, That an atl of the laft general
affembly, entitled, an act to empower the feveral furveyors hereafter named to lay
* out
* The feveral a&shereia referred to haye fince expired or been repealed.
62 DIGEST OF THE
A. D. 1759. out public roads in the province of Georgia, paffed the feventh of March one thou-
No. 51. fand feven hundred and fifty-five; and alfo an aft of this prefent general afiembly en-
Act to ere now- . . . J
crthefeveral titled, an aft for explaining and amending an a£t to empower the feveral furvey-
iyrveyors to lay ors hereafter named to lay out public roads in the province of Georgia paffed the
out public roads ... •' or
paffed 7th eighth of February one thoufand feven hundred and fifty-feven, which faid acts were
^^forexdai'n- to ^e *n f°rce f°r two years from the faid eighth of February one thoufand feven
ingatid amend- hundred and fifty-feven, and from thence to the end of the next feflion of the gene-
"fred^th Feb. ra* afiembly, fhall be, and the fame are hereby continued from the expirition thereof,
»757.; until the feventh of March one thoufand feven hundred and fixty-four, and from
7th March thence to the end of the then next feflion of the general afiembly, and no longer*
I7^4- ■_ IV". And be it further enatled by the authority aforefaid, That an atl of this prefent
male white per- general afiembly, entitled, an act to oblige the male white perfons of the province of
fons to carry fire Georgia to carry fire arms to all places of public worfhip, paffed the twenty-third of
arms to places 01 ° ' r r . . .
public worfhip, July one thoufand feven hundred and fifty-feven, which faid act was to be in force
paffed 33a ju.y £or two vears frorn the faid twenty-third of July one thoufand feven hundred and fif-
ty-feven, (hall be, and the fame is hereby continued from the expiration thereof until
-th^March1 t^ie ^eventn day °l March one thoufand feven hundred and fixty-four, and from thence
1764. to the end of the then next feflion of the general afiembly, and no longer.
DAVID MONTAIGUT, Speaker.
PATRICK HOUSTOUN, Prefdent..
Henry Ellis.
March 27, 1759.
No. j2. An Act to prevent feeding of horfes and neat cattle, and for the more ejfeBual difcovery and:
punipment of fuch perfons as f jail: unlawfully brand, mark, or hill thefams,
March 27, 1759.
Expired — See acl of 1773, No. 220,
No. 53.V
An Acl for regulating the watch in the town of Savannah*
March 27.
Ohfolete.
No 54. An Aft for eftablifoing the method of appointing confables, afcertaining the qualifications of
perfons to ferve in that office, and to point out the duties attending the fame.
March 27.
QlfoleU — See aB of 1797, No. 582, .SecJ. 63.
No. 55. An Ac! for the better regulating taverns, punch houfes, and retailers of fpiritous liquors*
March 27.
Repealed by aft of 179 1, No. 45.9. J:k
LAWS OF GEORGIA.
*3
An Ac! for holding fpecial or extraordinary courts of common pleas for the trial of eaufes A. D. 1760.
arifing between merxhantst f rangers t and mariners. No. j6.
March 4, 1760.
This a£i gave place to ail of 1 763, No. 1 05,
An Aft to enable feme coverts to convey their efiates, and for confirm-
ing and making valid all conveyances and acknowledgments hereto-
fore made by feme coverts,
"HEREAS the ufual method of -conveying lands and tenements in England
by feme coverts is by fine or recovery, which methods have not been prac-
tifed in any of his majefty's American colonies ;
And -whereas) inftead thereof it has been cuftomary in the conveyances of lands
by hufband and wife, for the wife to acknowledge her confent before a judge or juftice,
being fir ft privately examined by the faid judge or juftice whether fhe acknowledged
the fame voluntarily and freely 4 Be it therefore enabled^ That all alienations and con-
veyances whatfoever, which have at any time heretofore in this province been made,
either by hufband and wife, having jointly figned a deed of conveyance before wit-
nefles, or by the acknowledgment of the wife of her confent to fuch a fale of lands
and tenements, before any of the then juftices or magistrates, fhall in fuch cafes be
valid in law, and good and effectual againft the hufband and wife, their heirs and af-
figns, and againft all other perfon or perfons whatfoever claiming under the faid
hufband and wife, or either of them, to all intents and purpofes, as if the fame had
been done by fine or recovery, or by any other way or means in the law.
II. And whereas it is neceffary to fecure the property of future purchafers of lands
and tenements, as well as to prevent hufbands difpofing without the confent of the
wife, what of right did or would belong to them ; And tuhereas alfo the method
practifed in England in thefe cafes would prove exceedingly troublefome and very
expenfive to the inhabitants of this province, Be it there/ore enacled, that from and
after the pafiing of this act, all Conveyances of lands and tenements fhall be made
by deed of bargain and fale, or by deeds of leafe and releafe, or by deed of feoff-
ment, enrolled or regiftered in the fecretary's office of th;s province, figned and
fealed by the party conveying before two or more witneffes, who fhall likewife fign
their names to the faid deed ; and where a feme covert has or may have any right
in part or the whole of the lands and tenements to be conveyed, and the faid feme
covert doth willingly confent to part with her right, by becoming a party with her
hufband in the fale of fuch lands and tenements, in fuch cafes as thefe, the faid
feme covert fhall become a party with her hufband in the faid deed of conveyance,
and fign and feal the fame before the chief juftice or afhftant judges, or one of his
majefty's
No. j 7.
Preamble.
Enabled.
Conveyances
&c. of lan<is
heretofore
made by huf-
band and wife
or acknowledg-
ed by the wife
declared valid,
How to be
hereafter made,
and rcgiftered.
Feme covert
how tojoin with
her hufband.
See ad of 1768, No. 188, fr£t. ift._
64
DIGEST OF THE
A. D. 1760.
Ng>. 57.
Rdinquifhment
of dower.
Juftice's fee.
Conveyances,
&c. fo made,
declared good
and valid in
law.
majefty's juftices of the peace for the parifh where fuch contracts fhall be made, de-
claring before the faid judge or juftice, that fhe has joined with her hufband in the
alienation of the faid lands and tenements of her own free will and confent, without
any compulsion or force ufed by her faid hufband to oblige her fo to do ; which de-
claration (hall be made in the following words, or in words to the like effect, viz. —
" I A. B. the wife of C. D. do declare, that I have freely, and without any compul-
sion, figned, fealed, and delivered the above inftrument of writing paiTed between
D. E. and C. D. and I do hereby renounce all title or claim of dower that I might
claim or be entitled to after the death of C. D. my faid hufband, to or out of the
lands or tenements therein conveyed. In witnefs whereof, I have hereunto fet my
hand and feal ; and the faid judge or juftice fhall, and is hereby required to endorfe
upon the deed the acknowledgment of the faid feme covert, made before him, and to
fjgn the fame, and fhall receive two {hillings and fix-pence fterling fee, for his endors-
ing and figning the fame, and no more.
Ill And be it further enacled, That all conveyances of lands and tenements, made
and executed, and enrolled or regiftered, according to the intent and meaning of this
act, fhall and are hereby declared valid in law, and good and effectual againft the
party conveying, or hufband and wife, and their and every of their heirs and affigns,
and againft all other perfons claiming by, from, or under them, or any of them, to all
intents and purpofes, as if the fame had been done by fine or recovery, or by any other
way and means, any laws, cuftoms, or ufages, to the contrary notwithstanding.
JAMES HABERSHAM-
DAVID MONTAIGUT, Speaker.
Henry Ellis.
April 24, 1760.
No. j8.
An Atl for the more eafy andfpeedy recovery of final/ debts and damages,
April 24, 1760.
Repealed by a& of 1789, No. 421.
No. 59. An Atl for afcertaining the qualifications of juror -s, and for eftabliflnng the method of
balloting and fummoning of jurors in the province of Georgia.
April 24.
Obfolete.
No. Co. ,An At! for raifing and granting to his majejly the fum of £1,000 flerling for putting
the town of Savannah) and the cut forts in the Jeveral parfhes of this province in a
better fate of defence.
April 24.
Temporary. An
LAWS OF GEORGIA. <%
An Ad for repairing and rebuilding the forts heretofore ereFted in the fever al petrifies of A. D. 1760.
this province, and for the better fecurlng the town of Savannah by ereBlng a fort around °- »•
the magazine, and the Mock houfes within the lines of the /aid town.
April 24.
Temporary,
An ABto oblige pips and other veffels coming from places InfeBed with epidemical dlflem. No. 6s.
pers to perform quarantine.
April 24.
Repealed by a3 of 1793, No. 485.
An AcJfor raifing and granting to his majefy the fum of £ 1 1 1 8 3 8 ferling, that Is No. 63.
to fay, the fum of £66$ 38/5 defray the expences of holding the courts of oyer and
terminer, and fome other expences of government; and the fum of £4S°JerIinSfor
fubf fling two hundred of the militia for the defence of this province.
April 24, 1760.
Obfolete. _
An Acl for empowering trujlees to pur chafe a *houfe In the town of Savannah for the No. 64.
ufe of the prefent, and future governors of this province.
April 24.
* The fame purchafed accordingly, and fince fold by commifiioners of Louisville, under ordinance of
1786, No. 312.
An AB for the more effeblual putting In force the militia act of this province. No. 65.
April 24.
Obfoiete.
An Acl for the better regulating the tonvn of Savannah, \and for no. 66.
ascertaining the common thereunto belonging.
I 111 ESPECTS the regulation of the town.
X\, II. And be It further enabled by the -authority aforefald, That the common Town .common
appertaining to the faid town, extending foutherly from the extremity of the bluff on
the river Savannah to the north line of the garden lots, and wefterly from the weft
line of the garden lots, lying eaft of the faid town to the eaft line of the lots lately
laid out between Mufgrove's creek and the faid town, including all the fquares,
I » ftreets,
t See ad of 1761, No. 78 .
\ Repealed by aft 1737, No. 367— Sec corporation a<ft of 1789, No. 430.
66 DIGEST OF THE
A. D. 1760. ftreets, lanes, and paflages, defcribed in the plan of the faid town in the furveyoi"-
No. 66. * general's office, and which have been heretofore accuftomed or made ufe of by the
inhabitants of the faid town, j (hall be and continue the common property of the lot-
holders in the faid town, and fhall not be aliened or granted away for any purpofe
whatfoever, than by act of the general aflembly. /
III. IV. *Refpec1 the regulation of the town.
Commiffioners. V. And be it further enabled by the authority afore/aid, That Jofeph Ottolenghe,
James Deveaux, William Ewen, and "William Rulfell, Efquires, mall, and they arc
hereby nominated and appointed commiffioners to put this act in execution.f
The rejl relates only to the mode of Jilling vacancies.
DAVID MONTAIGUT, Speaker.
JAMES HABERSHAM.
Henry Ellis.
May 1, 1760.
* Repealed by act 1787, No. 367— See corporation adl of 1 787, No. 304,
■\ See acl: of 1761, No. 78.
No. 67. An Aft to amend an aft, entitled, a An a ft to prevent wafers of veffels' from carrying
off ' perfons in debt in this pnvince."
May I.
Obfolete.
No. 68. -An Aft to amend and continue an act, entitled, " An aft for efablifring and regulating
of patrols."
May 1.
This acl gave place to acl of 1765, No. 137.
No. 6c;. An Aft for famping, imprinting, ifjuing, and making current the J rum of £.>]<\\oJler-
ling in paper bills of credit, and for applying and finking the fame.
May I, 1760.
Obfolete. ■ '
No. 70. An Aft to prevent frauds in the making of lumber.
May I.
Repealed by ail of 1790, No. .445.
No. 71. An Aft to amend an aft, entitled, " An aft for repairing and rebuilding the forts hereto-
fore erefted in the feveral pdrijbes of this province, and for the better fecuring the
town of Savannah by erefting a fort round the magazine and block houfes within the
lines of the faid town."
June 4.
Obfolete, "*?
LAWS OF GEORGIA. 67
An Acl for eflablifhing a ferry over Great Ogechee river at a place called Pine Bluff, A. D. 1761.
and for vefling the fame in John Dcveaux the eldert his executors and admintjlratorsy No- 7*>
for the f pace of fix years,
June 9, 1 761.
See a8 of 1 768, No. 1 74.
An Acl for afcertaining the manner and form of 'electing members to reprefent the inhabi- No. 73.
tants of this province in the commons houfe of affembly.
June 9.
Glfolete.
* An Acl for fubje cling and making liable to attachment the ejlate real Not 74;
and perjonal of abfent debtor s, in the cuflody or power of any perfon
or perfons 'within this province,
WHEREAS many inconveniences happen by perfons greatly indebted, abfent- Preamble
ing or wilfully withdrawing themfelves out of the limits and jurifdiction of
this province j and although fuch debtors may have lands, tenements, monies,
goods, debts, and other effects belonging to, or due to them in this pro-
vince, yet, for want of fit means to fubject the fame to the payment of the juft
debts of fuch debtors, many perfons have been, and are daily defrauded of their
juft dues and demands, to their great injury, and to the frequent hinderance and
leffening of commercial credit : For remedy whereof, Be it enabled, That from and Enacted,
after the paffing of this act, any perfon or perfons whatfoever, whether an inhabi-
tant of this province, or elfewhere, having occafion to commence any fuit or action
in the general court of pleas of this province, againft any perfon or perfons whatfoe-
ver. refiding or being without the limits and iurifdiction of the faid province, for any Abfent debtors
1 i r r r t.i t 1. j . • • 1 bow to corn-
debt, iumor iums 01 money to him, her or them due and owing, upon any judg- mence fuit a-
ment, bond, bill, note of hand, or book debt whatfoever, and being above the fum p»nft_ them a-
of eight pounds, lawful money of Great Britain, then, and in fuch cafe, and not
otherwife, fuch perfon or perfons fhall, and may, by his, her, or their attorney,
petition the chief juftice of this province, or, in his abfence, one of the juftices of
the faid general court, fetting forth the nature of his, her or their demands, and that
the debtor is abfent from, and without the limits and jurifdiction of the faid province,
and which being verified by affidavit thereunto annexed, to the effect following, viz.
That A. B. of the purifh of , is indebted to him in the fum of ■-, which Form of affida-
fum fhall appear by a fair and diftinct account, wherein the balance fhall be ftated, Vlt-
and
* This acl isconfidered in force only in the federal courts of the diftrict of Georgia, being fo at the time of
pading the judiciary act of the United States, Septembtr 24th. 1789, but fince re -enacted with amendments
by Stale judiciary acl of December, 1789, No. 421, and acl of 1797, No. 582,
63 DIGEST OF THE
A. D. j 761. and that the laid A. B. is abfconded and gone from this province, or that the faid A.
No, 74. B. has been three months out of this province ; which faid account and affidavit' fhall
be annexed to the faid petition, it fhall and maybe lawful to and for the faid chief
juftice, or either of die juftices of the faid court, and they are hereby required to
Attachment a- grant to fuch petitioner or petitioners, his majefty's writ of. attachment, directed to
abfent C debtor, the Provoft nurfhal of this province, commanding him to attach, without delay, the
how granted, lands, tenements, goods and chattels, monies, debts, and books of account, being
the property of, and belonging to the abfent debtor, in the pofleffion, cuftody or
power of any perfon or peribns whatfoever-, and the attaching any part thereof in-
the name of the whole, that is in the pofleffion, cuftody or power -of fuch perfon or
perfons, fhall make the whole fubject and liable to anfwer any judgment that fhall
or may be recovered by virtue of fuch writ of attachment, and the provoft marfhal
Perfons indelt- fhall fummon the perfon or perfons in whofe pofleffion, cuftody or power fuch lands,
ingefiedtTofab- tenements, goods, chattels, monies, debts, or books of account, fhall be, by deli-
fent debtor to vering to him, her or them- a true copy of the faid attachment, with a notice there*
' and Jhew caufe' on indorfed, requiring him, her or them to appear at the return thereof, and fhew caufe
&c- why the faid lands, tenements, goods, chattels, monies, debts, or books of account
thereby attached, fnould not be adjudged the property of, and belonging to fuch
No peribn be- abfent debtor ; but if no perfon fhall be prefent at the time of the attaching fuch
tafhmert^how ^anc^s> tenements, goods, chattels, monies, debts, or books of account, as afore-
publifhed. faid, then, and in fuch cafe, the provoft marfhal fhall affix on the door of the court-
houfe in Savannah, and in two or more public places in the diftricl: or parifh where
fuch lands, tenements, or other things, as aforefaid, fhall be attached, a copy of
the faid writ, with an account of the lands, tenements, or other things attached,
and fhall give notice thereof alfo in the gazette, and in cafe there fhall be no gazette,
' fhall publifh the fame at the watch houfe, vendue houfe, or exchange in Savannah,
for any perfon or perfons claiming the fame to appear and fhew caufe as aforefaid ,
Perfons fum- and the perfon or perfons lb fummoned as aforefaid, fhall, and is, and are hereby
ver"ont0oith°" required to appear accordingly at the return of fuch writ, or on or before the ad-
what eftate and journment day of the enfuing court, and to difcover, upon oath, what lands, te-
fem debto/are nements, goods, chattels, monies, debts, or books of account, he, fhe, or they,
in their hands, have in his, her or their pofleffion, cuftody or power, to which the faid abfent debtor
Penalty on re- hath any right, title, intereft, property, claim, or demand whatfoever : And if
u ™s' fuch perfon or perfons, after being duly ferved with the faid attachment and notice
as aforefaid, and the proof thereof made on oath to the court, (hall not appear at
the return of the writ, or on or before the adjournment day of the court next enfu-
ing the return thereof, or if, on appearing, fhall refufe to difcover, upon oath, what
lands, tenements, goods, chattels, monies, debts, or books of account, he, fhe,
or they, have in his, her or their pofleffion, cuftody or power, belonging to fuch
abfent debtor, that then, and in fuch cafe, the perfon or perfons fo fummoned fhall
Judgment by he condemned for default of appearing, or difcovering, upon oath, as the cafe fhall
default fhall be happen, and judgment fhall be given againft his, her, or their proper goods and
chattels, the plaintiff's debt or damage being firft legally proved, in like manner as in
other
LAWS OF GEORGIA.
69
other cafes where judgment 13 given by default; but if any perfon appearing and
declaring any lands, tenements, goods, chattels, effects, or monies to be in his, her -or
their pofleffion, power or cuftody, and fliall refufe or neglect to pay, or deliver the
fame to the order of the court, that then judgment fhall be given againft him, her or
them fo refuting or neglecting, and execution fhall accordingly be awarded againft
his, her or their own proper lands, tenements, goods, chattels and effects ; and if any
lands, tenements, goods or chattels fhall be actually feized and taken into the poffef-
ilon or cuftody of the provoft marfhal by virtue of fuch writ of attachment ; and the
perfon or perfons fo fummoned as aforefaid fhall not appear at the return of fuch
writ, or on or before the adjournment day of the enfuing court as aforefaid, then
upon his, her or their default, and no perfon then appearing and claiming the pre-
mifes feized as aforefaid, the fame fhall be adjudged and taken to be the property
of the abfent debtor ; but if the perfon or perfons fummoned fhall appear at the
return of the faid writ, or within the time limited as aforefaid, and lay claim
to fuch lands or other things fo feized and attached, and upon oath, deny the fame
to belong to the abfent debtor; or that he, fhe or they hath, or have, or at the time
of the ferving of the faid writ of attachment had any lands, tenements, goods,
chattels, monies or effects in his, her or their poffeffion, cuftody, or power, or in truft
for or belonging to the abfent debtor, and the plaintiff fhall reft fatisfied there-
with, then the attachment fliall be difcharged, the plaintiff or plaintiffs paying
all cofts, charges, and damages attending the faid attachment; and if the plaintiff or
plaintiffs, fliall not be fatisfied, then he, (lie or they fhall be put to plead the fame,
and the matter fhall be tried forthwith by a jury, or at fuch other court or time as
fhall be appointed by the court, and the party againft whom judgment fhall be given,
fliall pay to the party prevailing fuch reafonable cofts and charges as fliall be allowed
by the court ; Provided always, That the adjournment day of each general court of
pleas fliall not be more than twenty nor lefs than ten days after each general court.
II. And be it further .enacled> That the plaintiff or plaintiffs in every writ of at-
tachment fhall file his, her, or their declaration thereon at the adjournment day of
the court immediately enfuing the return thereof, unlefs a reafonable caufe can he
fliewn to the court for a longer time, and fliall ferve the wife or attorney of the
abfent debtor (if in the faid province) with a copy of the declaration, and of a rule
for pleading thereto, within fuch time as the faid court fhall appoint, not exceeding
one year and a day ; and in cafe fuch abfent debtor fhall have no wife or attorney
in the province, a copy. of the rule to plead fhall be publifhed then, and at the end
of every three months, during the faid year and a day, in the gazette, or for want
of fuch fhall be affixed on the faid watch houfe, vendue houfe, or exchange ; and if
fuch abfent debtor or debtors fhall not appear, and make his, her or their defence
within the year and a day from the time of affiling the plaintiff's declaration as
aforefaid, then final and abfolute judgment fliall be forthwith given for the plaintiff in
fuch attachment, his, her or their debt being firft legally proved as. aforefaid, Provid-
ed always, That in all cafes where the writ of enquiry of damages fhall be neceffary,
it fliall be, lawful for the plaintiff to fign his interlocutory judgment at the return day
of
A. D. 1761,
No. 74.
Lands, Sec. feiz-
ed, and perfons
fummoned not
appearing fhall
be adjudged the
property of the
ablent debtor.
Perfons appear-
ing and putting
in their claim
how to a&,
Provifo.
Declaration
vyhen filed, a
ropythereofand
rule to plead,
on whom and
how ferved.
Abfent debtors
not appearing,
final judgment,
after a year and
day.
Provifo,
7d DIGEST OF THE
A. D. 1761. of the court next preceding the determination of the faid year and a day, and to
No- 74- execute his writ of enquiry accordingly, but not to fign final judgment 'till after the
expiration of the faid year and a day as aforefaid.
EffWts attached III# ^nd he '* fltrther ena8edy That where any monies, goods, chattels, debts,
to be delivered or books of account fhall be attached as aforefaid, the fame (hall, on the plaintiff's
on giving Ebond declaration being affiled as aforefaid, be immediately delivered into the hands and
with fufficieni cuilody of the plaintiff, an inventory thereof being firft taken, and the fame appraif-
cffie Sic? l ed by two or more perfons to be appointed by the court for this purpofe, and prior
to the delivery, fuch plaintiff or plaintiffs fhall enter into a recognizance with fuffi-
cient fureties in double the value of the goods and effects attached, to profecute his,
her or their fuit with effect, and that the monies and the appraifed value of the
goods, with the debts and books of account attached and feized fhall be forthcoming
in cafe fuch abfent debtor fhall appear within a year and a day, and difcharge him or
herfelf of the plaintiff's demands ; and that if the abfent debtor fhall not appear as
aforefaid, then that he, fhe, 'or they fhall and will render and deliver into the hands
and cuftody of the prothonotary or clerk of the faid court, the refidue of all fuch
monies, goods, chattels, and debts, with the books of account feized and attached
after payment and fatisfaction of the debt and damages by him, her, or them reco-
vered by judgment of the faid court; which faid monies, goods, chattels, and pre-
mifes fhall be and remain as the eflate and effects of the abfent debtor, fubject to
the order of the faid court.
How fold after ^* <dnd be it further enaBecl, That when any lands or tenements fhall be feized
judgment. and attached by virtue of this act, the fame fhall and may (after judgment is obtained
as aforefaid} be put up to fale at public outcry, firft giving thirty days notice by adver-
tifement at the watch houfe or exchange in the town of Savannah, and alfo in two
or more public places of the parifh or diftrict where the faid lands and tenements are ;
and the provoft marfhal is hereby empowered to convey and affign all fuch lands and
tenements to the perfon or perfons that fhall become purchafer or purchafers thereof,
and every fuch conveyance fhall be good and valid againft fuch abfent debtor, his heirs,
executors, adminiftrators and affigns as to all his right and title therein, faving never-
Sales not to af- thelefs the right of all and every other perfon and perfons whatfoever lawfully claiming
■fc <ft perfons law- fa^ ianc[s and tenements, or any part thereof, who fhall and may have the like remedies
for the recovery of his, her, or their refpective right and title therein, as if this act
--had not been made.
V. Provided a hoays ner>erthelefs, and to prevent any clandeftine conveyance being
made by perfons in prejudice of their creditors, who fhall afterwards abfent them-
Conveyancesby felves and leave this provice, Be it enaBed, That all and every conveyance and con-
perfons leaving veyances of any lands, tenements or hereditaments that fhall or may hereafter be
debt without' made by any perfon or perfons whatfoever who fhall abfent him, her or themfelves
notice, declared from and quit this province without giving the notice required in this act, and which
fhall not be regiftered in the fecretary's office, at lead one month before fuch abfent
debtor fhall withdraw himfelf, fhall be void, ' Provided alfo, That in cafe any writ
or claim of dower fhall be brought and profecuted for any lands or tenements which
fhall
LAWS OF GEORGIA.
7*
fhall of may hereafter be feized and fold by virtue of this a£t, and judgment of dower A. D. 1761,
fhall be obtained thereon, the property in fuch lands, tenements, or hereditaments, No- 74*
fhall neverthelefs remain whole and undivided in the purchafer or poffeffor thereof, ?-'£nt ,of dower
r l * in ianas lolaun-
he or they paying unco the plaintiff or claimant in fuch fuit of dower, a fum equal to der attachment
one-third part of the fum of money for which fuch lands, tenements, and hetedita- '8W^ttled;
ments fhall have been fold by the provoft marfhal as aforefaid, and no more ; and
fuch fum being fo paid fhall forever acquit and difcharge fuch lands, tenements and
hereditaments from all right, title, claim and demand of dower whatfoever.
VI. Provided always, and be it enacted, That no lands, tenements, or real efface of Real eftate
fuch abfent debtor fo attached, fliall be fold, unlefs where there fhall be no goods or unleTs the ner-
chattels or other perfonal effects of fuch abfent debtor, or not fufikient to fatisfy the 'r"nal tfft^s f£
i'iiri-1 n abfent debtor
debt and damages for which judgment fhall be recovered as aforeiaid. infuEcient.
VII. And be it further enabled, That after fale made of any lands or tenements by Monies arififig
virtue of this act, the provoft marfhal fhall immediately pay into court the money j™'^ fi^ ™b_
arifing by fuch fale, fubjec~t to the order of court, and .the court, after payment and jecT to order of
fatisfaction of the debt and damages recovered, with the cofts and charges attending ~our "
the fame, fhall order the refidue of fuch money fpeedily to be paid to fuch abfent
debtor, to his heirs, executors, adminiflrators or affigns. .
VIII. And be it further enabled, That the plaintiff or plaintiffs in fuch attachment, to Plaintiff in at-
whom any bonds, notes, or books of account, fliall be delivered as aforefaid, fliall have p0V,)™ed toTiie
full power and authority to fue for, recover and receive the monies due thereon, in on bonds, &c.
the name of the abfent debtor, and on payment thereof, or of any part, to give receipts him.
for the fame as due to the abfent debtor, and every fuch receipt fhall be a full and ab-
folute difcharge to the perfon or perfons making fuch payment, againft fuch abfent
debtor, for the fum or fums mentioned in fuch receipt, as fully and abfolutely, to all
intents and purpofes, as if done and given by fuch abfent debtor himfelf.
IX. And be it further enacted. That in cafe, the abfent debtor, whofe eflate and ef- if eftateand ef-
fects fhall be fo attached in the hands of any perfon or perfons, is, and fhall be really ea in the hands
indebted to fuch perfon or perfons in whofe hands fuch eftate and effects fhall be at- of a creditor,
tached, then fuch perfon or perfons, if his, her or their poffefficn thereof was obtain- ^ebts fhall be
ed legally and without fraud (and not otherwife) fhall be firft allowed his, her or their flrft Puld*
own debt, he, fhe or they forthwith affiJinghis, her or their declaration, and in every
other refpect proceeding as if he, fhe. or they were plaintiff or plaintiffs in the attach-
ment. '
X. And be it further enabled, That in cafe any flaves, horfes or cattle fliall beat- Slaves, &c, or
ij -nil- c r ' 1 1 r ■ 1 v • periihable goods
tached, or any peruhahle goods, as aforefaid, the faid court may, on application may be fold by
thereto made, grant an order for the fale of fuch fjaves, horfes, cattle, or periihable order of court,
goods, as aforefaid,. the. provoft .marfhal, by whom the fame fhall be fold, firft giving
twenty-one days notice of fuch fale, by advertifement at the watch houfe or vendue
houfe in Savannah, and at fome frequented place in the' parifh where fuch attachment
has been made, and the money arifing from fuch fale fhall be immediately paid into the
.court, or to the plaintiff or plaintiffs, he, fhe or they giving fufficient fecurity to return
the fame, in cafe he, fhe or they fhall.not obtain judgment againft the abfent debtor.
XT.
72
DIGEST OF THE
A- D. 1761.
No. 74
Attachment
may be dis-
charged by ap-
pearance of ai'y
perfon for il;e
debtor and put-
ting in bail.
Debtor appear-
ing within two
years and dif-
provingdebt re-
covered againft
him how reme-
died.
What notice
fufRcient to a-
void attach-
ment.
Death of abfent
debtor ftiall not
abate attach-
jnenc.
XL Provided ahvaysy and be it enaFred, That if at any time within the year and a
day, to be allowed as aforefaid for the abfent debtor's appearing and pleading to the
plaintiff's action, any perfon appearing for fuch abfent debtor, fnall give bail to an-
fwer the aftion, and pay the condemnation, that then, and in that cafe, the attach-
ment (hall be diffolved, and the lands, tenements, goods, chattels, debts and books of
account fo attached and feized, fhall be forthwith difcharged, paid and delivered to
the perfon or perfons appearing and giving bail as aforefaid, and fuch perfon and his
fecuricy fhall be obliged and liable to fatisfy and pay all fuch fum and fums of money
as the plaintiff or plaintiff's in the attachment fhall recover thereon againft the abfent
debtor, together with all coft and charges, as fhall be taxed by the court.
XII. And be it further enacled, That in cafe any abfent perfon, againft whom an
an attachment . fhall be iffued by virtue of this aft, fhall appear within two years,
and difprove the debt which fhall have been recovered againft him, he fhall recover
againft the plaintiff in the attatchment the full damages for his unjuft vexation, with
treble cofts of fuit.
XIII. Provided ahvays, and be it further enabled, That where any perfon being
about to depart this province, fhall, thirty days before his departure, give notice by
entering his name in the fecretary's office, and by advertifement in the gazette, or in
cafe of no gazette, at fome noted place in the parifh where fuch perfon mail refide,
and the watch houfe or vendue houfe in Savannah of his intended departure, and that
he is ready to anfwer any fuit that fhall be brought againft him, and in the mean
time fhall be always ready to give bail to any writ or fummons that fhall be iffued
againft him ; and in every. fuch cafe the perfon or perfons neglefting or refuting to
commence his, her or their fuit, whilft the party to defend fhall be prefent, and of-
fering to anfwer the fame as aforefaid, fhall not have any benefit by this aft, nor
fhall attach the abfent party's eftate or effefts for any matter or caufe of aftion what-
foever, arifing from fuch notice given as aforefaid.
XIV. Provided ahvays^ and it is hereby enabled, That in cafe fuch abfent debtor
fhall happen to die at any time after fuing out of fuch writ of attachment, and before
final judgment fhall be had and given therein, as aforefaid, fuch writ fhall not
abate, or proceedings thereon be ftaid, unlefs the heir, executor or adminiftrator
of fuch abfent debtor fhall affile bail to anfwer the plaintff's aftion, and pay the coft
of fuch attachment ; and that all and every judgment fo to be had and given as afore-
faid, upon any attachment fued out and ferved in the life time of any abfent debtor
who fhall happen to die before fuch judgment given, fhall be good and valid, to all
intents and purpofes, as if fuch abfent debtor was then living.
The reji requiring promojl marfhal to give bond and fecurity,. — Obfolete,
GREY ELLIOTT, Speaker.
JAMES HABERSHAM, Prefdent.
James Wright. - -~ • ■
June 9, 1 761.
An
LAWS OF GEORGIA. 73
An AB for raifing and granting to his majejly the f urn of £1160 15, and applying the A. D. 1761.
fum of £119 7 4~2", being the furplus of the lafl year's tax remaining in the hands of N<i> 1$'
the treafurer ; and the further fum of £9% 9 2t, being arrears due from the feveral
collectors to be paid unto the J aid treafurer , amounting together to the fum of £ 1 3 7 3 I I 7
ferling, to defray the charges of holding the courts of oyer and terminer ', and fome other
expences of government*
June 9.
Obfolete.
An Atl for raifing and granting to his majefl'y the fum of £\%o to repair the light houfe No. *6.
of Tybee ifandy and for laying a duty on negroes that have been above fx months in
any of the iflands or colonies in America^ and imported for f ale into this province,
June 9.
Obfolete..
An Atl to continue feveral acts for regulating the militia in the province of Georgia. No. 7;,
June 9.
Obfolete.
An Ac~i for amending an acJ, entitled " An atl: for the better regit- No, ?s.
lating the tonvn of Savannah, and for afcertaining the common
thereunto belonging"
WHEREAS, by an aft of affembly, paffed the firft day of May, in the year of Preamble;
our Lord one thoufand feven hundred and fixty, entitled " An aft for the
better regulating the town of Savannah, and for afcertaining the common threunto
belonging," the lots heretofore allotted for the ufe of the public, and on feveral of
which buildings have been erefted, were not afcertained, whereby the inhabitants of
Savannah may be deprived of the benefits intended them by fuch allotments, and
unneceffary difputes and fuits at lav/ may arife for want of fuch lots being afcertained,
He it therefore enabled^ That the feveral lots herein after mentioned, and particularly Ena&ed;
defcribed in the plan of the town of Savannah in the furveyor-general's office of this Lots jierejn
province, and to which reference may be had, fhall be and continue for the ufes mentioned ap-
and purpofes to which by this aft they are respectively appropriated, and fhall not be certain ufes.
aliened or granted away to or for any other ufe or purpofe whatever, unlefs by aft
of the general affembly, that is to fay, the lot D, whereon the church now Hands,
as alfo the lot E, whereon the parfonage houfe now (lands, fhall be and continue for
the ufes and purpofes to which they are refpeftively appropriated and allotted, in and
K, by
?a DIGEST OF THE
A. D. 1761. by an ac-t, entitled, "An ac~f. for conftituting and dividing the feveral diftriels and divi-
No. 78. fions of this province into parifhes, and for eflablifhing religious worfhip therein accor-
ding to the rites and ceremonies of the church of England, and alfo for empowering
the church-wardens and veftrymen of the refpettive parifhes to affefs rates for the re-
pair of churches, the relief of the poor, and other parochial charges ;" G, whereon a
pr'Ton formerly Hood, {hall be and continue for the ufe and purpofe of a public goal
or pvifon, and for the ufe of the keeper of the fame ;. the lot H, whereon the court-
houfe now Hands, fhall be and continue for the ufe and purpofe of a court-houfe for
this province ; the lot S, whereon the filature now ftands, (hall he and continue for
the ufe of a public filature 5 the lot V, whereon the State houfe now ftands, (hall be
and continue for the ufe and purpofe of a State houfe for this province ; as alfo the
water lots at the end of every ftreet, alfo fixteen acres of land laid out for the ufe of
the public joining the common of the faid town, and known by the name of the
Spring, fhall be held, deemed, and reputed, as public lots and land, and referved
for the ufe of the public only.
II. Eflablifhes the plan of the town — Re-vifed, and re-enatled with alterations of the common
ly acls of 1762, No. 89 — 1766, No. 149—1770, No. 198.
III. * Regulating the town — Vefled in the corporation by ail of 1789, No. 430.
GREY ELLIOTT, Speaker.
JAMES HABERSHAM.
James "Wright.
June 9, 1-761.
* Repealed by ai5l of 1787, No. 367.
No. 79. An AB for raifing and granting to his majejly the fum of £440 Jlerling for erecllng a
fort and battery on the ijland of Cock/pur in the river Savannah , and the fum of £100
Jlerling for erecting a look-out and battery on Midway river, and for empowering com'
miffioners to ijfue certificates for the f aid funis, and for finking the fame by a tax often
Jhillings ferling on every £100 value ef deerfkins and beaver Jkins exported from, or
taken or carried out of this province to any part of his majefys dominions , except to Great
Britain only.
December 19.
Obfolete.
No. §0. An Act for creeling a fort and battery on the if and of Cockfpur in the river Savannah,
and a look-out and battery on Midway river.
December 19.
Obfolete. , .
No. 8u An ordinance for appointing the honorable William Knox, Efquire, agent affijlant tofolicit
the affairs of this province in Great Britain.
February 19, 1762.
Obfolete. Aft
LAWS OF GEORGIA. 75
An AB for regulating the pilotage of veffels into the feveral ports of A. D. 176a.
this province.* No* 8:s-
FORASMUCH as it is highly neceffary for the fafety of all fliips and veffels bound Preamble.
inward to, and outward from the feveral ports of this province, that there
fhould be a fufScient number of fkilful and able pilots conftituted and appointed for
the bringing in and carrying out the fame ; for the more expeditious and effectual
performing of which, Be it enacted, That the feveral perfons herein after named be Enabled
commiffioners for regulating of pilots and pilotage herein after mentioned, viz. for
the bar of 'Tybe'e and river of Savannah, and for the feveral bars and inlets lying to
the northward of St. Catharine's bar, the honorable Lewis Johnfon, Efquire, John Commiffioners
Graham, James Read, Alexander Wylly, William Ruffeil, and John Morell, Efquires, aFPonued-
and James Graham ; and for the bar of St. Catharine and river Midway, and for the
feveral bars and inlets to the fouthward of St. Catharine's bar, Francis Arthur and
James Fifher, Efquires, James Maxwell, fenior, John Simpfon, William Swinton,.
John Dunbar, and Samuel Miller, five of each refpectively are hereby declared to
be a quorum, and who are hereby empowered to recommend fuch pera^n or perfons.
to be appointed and licenfed by the governor or commander in chief for the time
being, as they mail think to be the moft fit and complete to act as pilots for the
conducting of veffels inward to, and outward from, the feveral ports for which they
(hall be licenfed, during their good behaviour feveraily and refpectively % and if there
fhall happen to be a deficiency of the faid number of feven commiffioners refpeclive- Deficiency of
ly, by death or departure out of this province, the furviving or remaining number, - ■ X1'"^iier of
in fuch cafe, (hall apply to the governor or commander in chief for the time being, how to be &r»-
who is hereby empowered to appoint a new commiffioner or commiffioners, to fill p !C *
any vacancy that fhall fo happen, and fo from time to time, and at all times hereafter,
wdienfoever there fhall be a deficiency of the faid number of feven commiffioners,
which new commiffioners, to be appointed in manner aforefaid, fhall, from time to
time, and at all times hereafter, have the fame power, privileges and authorities with
the commiffioners herein before particularly named, to all intents and purpofes
whatfoever.
II, And be it further enacted by the authority aforefaid, That from and after the No anlicenfed
paffing of this act, no perfon fhall be entitled to receive any fee, gratuity or reward, Pf, °n to as
for the conducting or piloting any mercantile or trading veffels inwards to, or out-
wards from, any of the ports or harbors for which a pilot fhall be licenfed, unlefs
fuch perfon has a licenfefor being a pilot, from the governor or commander in chief
for the time being, as aforefaid, any law, cuftom, or ufage to the contrary notwith-
ftanding..
III. And be it further enabled by the authority aforefaid, That every pilot or pilots, Licenfed pilots
warranted or-<to be warranted or licenfed as aforefaid, fhall enter into bond in the ,tu ?lv5 ^a?°
, bond for the
fecretary's office of this province with two or more fureties in the penalty of two due execution
hundred o£ that ofiice-
* By act of Congrefs paffed Auguft 7, 1789, all pilots are to be regulattd by the laws of the refpedrive-
States till Congrefs makes further proviiicn.
75 DIGES T OY THE
A. D> 1762, hundred pounds iterling, to his majefty and Ins fuccefibrs, for the due execution of
No. 82. their office, and Avail take and fubicribe the following oath, to be tendered by the faid
commiffioners, or any quorum of them for the time being, before the faid pilot or
Pilot's oath. pilots fhall be entitled to receive any fee or reward in that capacity, viz. I A. B.
appointed pilot for the port and harbor of — , do folemnly and Sincerely, fwear,
that I will well and faithfully execute and difcharge the bufinefs and duty of a pilot,
in the faid port and harbor of , according to the belt of my fkill and know-
ledge, and that I will, at all times, (wind and weather and health permitting) ufe my
bait endeavors to repair on board all Ships and veflels that L fhall conceive to be bound
for, coming into, or going out of the faid port or harbor of \ ; and do further
fwear, that I will, from time to time, make the belt difpatch in my power to carry
fafely out, or bring over the bar of , every Ship or vefTel committed to my
care, and that I will, from time to time, truely obferve, fulfil and follow, to the
bell of my ikill, ability and knowledge, all fuch orders as I Shall from time to time
receive from the governor or commander in chief for the time being, or from the
commiffioners, or the major part of them, by the confenr, direction, and approba-
tion of the governor or commander in chief for the time being, in all matters and
things relating to the bufinefs of a pilot.
Pilot to make IV. And be it further enacted by the authority afore/aid. That if any ftup or vefTel
mstaes and tofa whatsoever, or the cargo and freight therein contained, fiiall happen to receive any
any veffei may damage, or mifcarry, or be loft, through the neglect, infufficiency, or default of or
his neslefi. m anv OI" tne pilots for any of the faid harbors, after fuch pilot takes charge of the
fame, the faid pilot fliall, in fuch cafe, on conviction thereof in any court of record
in this province, be obliged to anfwer and make good to the fufFerer or fufFerers, or
to the mafter of any fuch fhip or vefTel, all and every the damages and lofles which
he or they fhall fuftain through the faid pilots neglect, infufficiency or default, in
any manner or wife whatfoever.
All tUfputes be- V. And be it further enabled^ by the authority aforefaid, That in cafe any difpute,
t£eeu jrf1 i complaint or difference, fhall happen to arife, or be made againft or between any maf-
pilots to be de- ter or pilot, for, of, or concerning the pilotage of any fhip or vefTel, or any other
eommiffioiiers ^ matter incident or relative to the bufinefs or care of a pilot, in any of the faid har-
bors, all fuch difputes, complaints and differences, are hereby ordered to be heard
and determined by the commiffioners appointed for the care of the pilotage where
fuch difpute fiiall happen, who, by their decree, arbitrament or order, fhall and
may lawfully decide, adjuft and regulate, every fuch difpute, complaint or differ-
ATafters of vef- ence 5 and if either of the faid parties, mafter or pilot, fiiall refufe to abide by, fulfil,
j'ufine Pto°fiiifii or perform the decree, order, or other adjudication of the faid commiffioners who
the decree of fhan hear and determine the fame, the party fo refufing fhall be Subject to the penal-
crs liable to a ty of any fum not exceeding twenty pounds Sterling, as the faid commiffioners fhall
penalty of .£20. think proper to adjudge, to be levied by warrant of diftrefs, under the hand and feal
of the faid commiffioners, or any five of them, againft the goods and chattels of the
party fo refufing, and if he has no vifible goods or chattels, then an attachment fhall
go in like manner, under the hands and feals of the faid commiffioners, againft the
perfon
LAWS OF GEORGIA.
77
perfon of the party fo refufmg, who is thereby to be kept in prifon, without bail or A. D. 1762.
mainprize, until he make full fatisfaction for the faid penalty, which, when paid or No. 2>. '
levied, the commifiioners are hereby required to apply towards f.he fund for keeping Forfeitures how
in repair the light houfe on Tybee iiland ; but if fuch forfeiture fhall happen at Mid- t0 e aPl° '" '
way, then, and in that cafe, fuch forfeiture fhall be paid to the commiiTioners ap-
pointed to erect a look-out and battery on Midway river, andfbali be applied to the
keeping in repairs the faid look-out and battery.
VI. And be it further enaBed by the authority aforefaid, That if any of the pilots for ^''^s fo«nd in.-
CcipdbiC or nee"-
the ports aforefaid, for the time being, fhall be found not fufliciently fkilled, or flvall iigejat to be
become incapable of acting, or fhall be negligent or mifbehave in his duty, then, and fuf?^ded«
in fuch cafe, the commiffioners for the port or harbor for which fuch pilot is
licenfed, fhall apply to the governor or commander in chief, to annul and revoke the
warrant or licenfe of every fuch incapacitated or offending pilot, who fhall thence-
forth be totally fufpended, and deemed incapable to receive and take any fee, gratuity
or reward, for the guiding or piloting of any fliips or veffels, inward to, or outward
from, any of the faid ports ; and that a fufficient number of ikilful pilots may not be
wanting at any time, for the fervice of the faid ports and harbors, // is hereby ordered furpenfioiTof °X
and required, That upon the death or fufpenfion ©f any of the faid pilots, the com- pilots, commif-
miffioners fhall apply to the governor or commander in chief for the time being, to ^th^ovel-nor
iffue a new warrant or licenfe to fome other perfon, whom he fhall think proper to for a warrant
,-,, , forfillinarup the
fill up the vacancy. vacancy,
VII. And be it further enaBed by the authority aforefaid, That any perfon, mafler or Matters ofvef.
commander, that (hall bring any fhip or veffel to any of the bars or the coaft of any of fehJmnging in
the faid harbors, and fhall refufe to receive on board any warranted or licenfed pilot and refuting' to
the faid perfon, mafter or commander, fo refufing and afterwards bringing in the l^ce a liccn/ecl
faid fhip or veffel into any of the ports aforefaid, fhall, and is hereby made liable to entitled' to the
the pilot firft offering to come on board fuch fhip or veffel, without the bar, to take fam.e r,a,tes as,lf
t 1 r •, 1 r 1 1 1 • r • he had brought
charge thereof as pilot, the lame rates, dues and payments as are hereinafter particu- her in.
larly expreffed and provided, and to be paid in the fame manner as if the faid
pilot had actually piloted the fame fhip or veffel into any of the faid ports or
harbors.
VIII. And be it further enaBed by the authority aforefaid, That the mafter or com- Rates 0f pjjot„
mander of any fhip or veffel, for the confideration of the pilotage of the faid fhip or age»
veffel inward to, or outward from, any of the ports or harbors aforefaid, fhall pay
unto the licenfed pilot that fhall take charge of the fame, the feveral funis of money,
rates and prices, as in the following table are appointed, as full and ample fatisfaclion
unto the faid pilot for his care and charge in the bringing in or carrying out every fuch
fhip or veffel, according to the draught of water of the faid veffel at the-time of the faid
pilotage.
£' s, d.
For fix feet of water, inwards or outwards, - - - on o
Seven feet, dittp or ditto, - - - - o 15 o
Eight feet, ditto or ditto, - - — o 1 3 o
Nine feet, ditto or ditto, - - - - I 2 O
Ten
78
DIGEST OF THE
A. D. 1762.
No. 83.
&
For ten feet of water inward or outward,- - - -
Mailers ofvef-
i'els coming
over the bars
when no pilots
have been out,
co pay only half
tecs.
Pilots refufing
to carry out any
veflel, after no-
tice given them
by the matter,
to forfeit one
half of their
fees.
Perfons becom-
ing fecurity for
m afters of vef-
iels liable to pay
the pilots fees.
Pilots to fee
every vefftl
moored as the
siafter de fires.
or
ditto,
or
ditto,
or
ditto,
or
ditto,
or
ditto,
or
ditto,
or
ditto,
or
ditto,
or
ditto,
or
ditto,
J-.
5
9
x5
o
5
10
17
3
so
d.
o
10
o
o
o
o
o
o
o
o
o
o
o
Eleven feet, ditto
Twelve feet, ditto
Twelve feet and half, ditto
Thirteen feet, ditto
Thirteen feet and half, ditto
Fourteen feet, ditto
Fourteen feet and half, ditto
;Fifteen feet, ditto
Sixteen feet, ditto
Seventeen feet, ditto
IX. And, as far as may be, to prevent and difcourage pilots from neglecting their
duty, Be it further enabled, and it is hereby enacted, by the authority afore/aid, That if
the mafter or commander of any fhip or veflel, coming in, or bound to, any of the
ports or harbors in this province, to whom no licenfed pilot has offered his fervice
at the outfide of the bar, fhall bring his fhip or veflel in over any of the bars of the
fame, then, and in fuch cafe, fuch mailer or commander mall not be liable to pay
more than one moiety, or half of the rate or fare before mentioned, for the pilotage
of his veflel, which fhall be deemed, and is hereby declared to be a fufheient reward
and gratuity to any fuch licenfed pilot, for conducting the faid veflel up any of the
rivers aforefaid, to the town or place where fuch fhip or veflel is bound to unlade.
X. And be it further enabled by the authority aforefaid, That after any fhip or veflel
is laden, and ready to depart from any of the ports or harbors aforefaid, and the
mafter or commander thereof fhall fignify to the licenfed pilot for the port or har-
bor, his defire to depart with his faid veflel, the faid pilot neglecting or refufing to
conduct the faid veflel away, with the utmoft difpatch in his power, fhall, for fuch
neglect: and refufal, forfeit his right, title, claim, and demand in and to one moiety
or half of the rate or fare fuch mafter or commander would be otherwife fubject to-
pay for the pilotage of his faid veflel, any thing in this act contained to the con-
trary notwithftanding.
XI. And be it further enabled by the authority aforefaid, That the perfon or perfons
who fhall be fecurity in the fecretary's office of this province, for any fhip or veflel,
fhall be liable to pay to the pilot or pilots, feverally and reflectively, the money
due to him or them for the pilotage of fuch fhip or veflel outward or inward, as
the fame fhall happen to be due ; and that it fhall and may be lawful to and for the
faid pilot or pilots to recover the fame in fuch manner as is provided by an act of
this province, for the more eafy and fpeedy recovery of fmall debts and damages.
XII And be it further enabled- by the authority aforefaid, That all and every pilot, in
any of the harbors aforefaid, when he has brought any fhip or veflel to anchor in
any of the aforefaid harbors, fhall, and is hereby directed and required to moor fuch
fhip or«veflel, or to give proper advice and direction for the mooring of the fame, and
for their fafe riding at fuch moorings, if thereunto required by the mafter or com-
mander of fuch fhip or vefkl. XIIT.
4
LAWS OF GEORGIA.
XIII. And whereas ^xvps or other veffels coming on the coaft and bound to lbme port
of this province are often at a lofs to know exactly where they are, for the encouraging of
fuch perfons to repair on board of them, mould they make a fignal for that purpofe, Be
it enacted by the authority aforefaid> That if any mafter of a velTel fhall take any in func-
tion, or be afcertained of the fpot his veffel is in by any white perfon repairing on
board as above, the faid mafter is hereby made liable to pay to fuch perfon the fum
of twenty ihillings, and if he fhall be required to continue on board fuch veflel, he
fhall, over and above the faid fum, be paid twenty (hillings for each of the two fir ft
days, and five ihillings for every day after that he fhall remain on board, to be reco-
vered in the fame way as fees for pilotage, from the mafter or his fecurity, as is
herein before appointed ; Provided he apply for the fame before the fhip or veffel de-
parts the province, but not afterwards.
XIV. * And whereas many fmall veffels are employed in the coafting bufinefs from
this to the neighbouring province, the mafters and commanders of which are, in
general, well acquainted with the feveral bars and harbors of this province, and ftand
in no need of the affiftance of licenfed pilots, Be it further enacted by the authority
afore/aid, That no veffel that now is, or fhall hereafter, during the continuance of
this act, be eftablifhed and fixed in the coafting trade from this to the neighbouring
province, or from one part to another of this province, fhall be liable to pay any
pilotage or charge to any licenfed pilot, unlefs the mafter or commander of fuch
coafting veffel fhall require the fame licenfed pilot to conduct his faid veffel into, or
out from, any of the ports or harbors aforefaid, in which cafe the faid mafter fhall
be liable to pay the fame fees and rates of pilotage as is herein before directed.
XV. And be it further enacled> That this act fhall continue and be in force until
the firft day of January next, and from thence to the end of the then next fefnon
of affembly.f
LEWIS JOHNSON, Speaker.
JAMES HABERSHAM, Prefdent.
James Wright.
March 4, 1762.
* Altered by adt 01178S, No. 393.
f Made perpetual by act of 1783, No. 279,
79
A.D. 1762.
No. 82.
Suns required
to be paid by
mafters of vef-
fels to any white
perfon acting a*
herein menti-
oned.
Frovifo.
Coafting veffels
to pay no pi-
lotage unlefs the
mafter requires
the affiftance of
a pilot.
An Aft to oblige majlers of veffels, fupercargoesy and other tranfient perfons importing
goods and merchandize into this province to pay tax for the fame.
March 4.
Obfolete. — This power is vejled in the general government by fed. conjlitution.
No, 83.
An Atl for further explaining and amending an acly entitled, " An acl to empower the
feveral furveyors therein after named to lay out public roads in the province of Georgia"
and to fink wells in the town of Savannah,
March 4.
Obfolete. Sin
No. 84.
8o. DIGEST OF THE
A. D. 1762. An Acl to explain and amend an acl, entitled "An at! for the more eafy andfpeedy reco-
No. 85, very of fmall debts and damages?
March 4.
Repealed by ail of 1789, No. 42 1.
Nq. 86.' An Acl for making provifon for printing the laws of this province, and for encouraging a
printer tofet up a printing prefs in the fame.
March 4.
Obfolete.
No. 87. An Acl for granting to his majejly the fum of £l*2l 5 Jlerling for the ufe and fupport of
the government of Georgia for the year 1762, to be raifed at certain rates as therein
mentioned, and for the more ejfeelual collecling of arrears.
March 4.
Obfolete.
No. 88. An AH for preventing and punifhing vice, profanenefs and immorality,
and for keeping holy the Lord's day, commonly called Sunday.
Preamble. °^H[ 7"HERE AS there is nothing more acceptable to God than the true and fincere
^j^j worfhip and fervice of him, according to his holy will, and that the keep-
ing holy the Lord's day is a principal part of the true fervice of God, which in this
province is too much neglected by many.
I. Compelling all perfons to attend places of public worfhip — repugnant to the
form of our government. See note, page 52.
Perfons work* H- -And be it further enacted, That no tradefman, artificer, workman, laborer, or
ing on Sunday 0ther perfon whatfoever, fhall do or exercife any worldly labor, bufinefs, or work of
their ordinary callings, upon the Lord's day, or any part thereof (works of neceffity -or
charity only excepted) and that every perfon being of the age of fifteen years or up-
wards, offending in the premifes, fhall, for every fuch offence, forfeit the fum of te,n
millings ; and that no perfon or perfons whatfoever, fhall publicly cry, fhew forth,
No goods to be or expofe to- falc, any wares, merchandizes, fruit, herbs, goods or chattels. whatfo-
foldon that day. ever, upon the Lord's day, or any part thereof, upon pain that every perfon fo
offending, fhall forfeit the fame goods fo cried or fhewed forth, or expofed to fale, or
pay ten millings.
III. Prohibiting perfons from travelling by land or water on Sunday.' — Obfolete..
Hunting, fhoot- IV. And be it further enabled, That no public fports, or paftimes, as bear baiting,
pfn«nC" ?/"rbld" bull baiting, football, playing, horfe racing, (hooting, hunting or fifhing, interludes
or common plays? or other games, exercifes, fports, or paftimes whatfoever, fhall be
ufed
LAWS OF GEORGIA.
81
ufed on the Lord's day, by any perfon or perfons whatfoever, and that all and every
perfon and perfons offending in any of the premifes, fhall forfeit for every fuch offence,
the fum of five (hillings flerling.
V. And be it further enaciedy That no vintner, innholder, or other perfon, keeping
any public houfe of entertainment, fhall entertain or fuffer any perfon or perfons,
(except ftrangers or lodgers) in fuch houfes or out-houfes to abide or remain ; nor
fhall they fuffer any perfon or perfons whatfoever, in their faid houfes, out-houfes,
yards, orchards, or fields, to abide, remain drinking, or in any manner idly fpending
their time on the Lord's day, upon the pains and penalties of five {hillings for every
perfon offending, payable by themfelves refpedtively that fhall be found fo drinking
or abiding in any fuch public houfe, or dependencies thereof as aforefaid, and the
like fum of five fhillings to be paid by the keeper of fuch houfe, for every perfon en-
tertained by them.
VI. And, for the better keeping of good orders on the Lord's day, Be it ena&ed,
That the church-wardens and conflables of each parifh refpectively, or any one or
more of them, fhall, once in the forenoon, and once in the afternoon, in the time
of divine fervice, walk through the town of Savannah, and the refpective towns of this
province, to obferve, fupprefs and apprehend, all offenders whatfoever, contrary to
the true intent and meaning of this act, and they fhall have power, and are hereby
authorifed and empowered, to enter into any public houfe or tippling houfe, to fearch
for any. fuch offenders, and in cafe they are denied entrance, fhall have power, and
are hereby authorifed. and empowered to break open, or caufe to be broke open, any
of the doors of the faid houfe and enter therein, "and all perfons whatfoever are ftrictly
commanded and required to be aiding and affifting to any conftables or other officers,
in their execution of this act, on the penalty of ten fhillings flerling, for every
refufal.
VIII. And be it further enacled, That for the better execution of all and every the
foregoing orders, every juftice of the peace within his county or parifh, fhall have
power and authority to convene before him any perfon or perfons whatfoever, who
lhall offend in any of the particulars before mentioned, and upon his own view or
confeffion of the party, or proof of any one or more witneffes, upon oath, which the
faid juftice^s are by this act authorifed to adminifter, the faid juftice or juflices fhall
give a warrant under his or their hand and feal, to the conftables or church-wardens,
or either or any of them, of the parifh or parifhes where fuch offence fhall be com-
mitted, to feize the faid goods, cried, fhewed. forth, or put to fale, as aforefaid, and
to fell the fame ; and as to the other penalties and forfeitures, to impofe the fine
and penalty for the fame, and to levy the faid forfeitures and penalties, by way of dif-
trefs, and fale of goods, of every fuch offender, returning the overplus (if any there
be) after reafonable charges allowed for the diftrefs and fale, and in cafe of default
of fuch diftrefs, or in cafe of infufficiency, or inability of the offender, to pay the
faid forfeiture or penalties, that then the party offending, be fet publicly in the
flocks for the fpace of two hours, and all and fingular the forfeitures or penalties
L aforefaid
A. D. 176a.
No. 83.
Public houfes
not to be kept
openonSunday,
Conftables, &c.
to infpedr. pub-
lic or tippling
houfes on that
day ;
and to ufe force
if denied en-
trance.
Juitices to ap-
prehend offen-
ders and ftize
their goods.
Q
2 .DIGEST OF THE
A. D. 1762. aforefaid fhall be employed and converted to the ufe of the poor of the parifh where
No. 88. the fald offences (hall be committed, and to be delivered into the hands of the church-
wardens or overfeers of the poor for that end, faving only, that it fhall and may be
lawful to and for any fuch juftice or juflices, out of the faid forfeitures or penalties,
to reward any perfon or perfons that fhall inform of any offence againft this act, ac-
cording to his or their difcretion, fo as fuch reward exceed not the third part of the
Provifo- forfeitures or penalties : Provided, That nothing in this act contained fhall extend
to the prohibiting of dreffmg of meat in families, or dreffing or felling of meat in
inns, victualling houfes, or other public houfes, for fuch as cannot be otherwife
provided, nor to the buying or felling of milk and fifh, before nine of the clock in
Provifo. the morning, and milk after four of the clock in the afternoon : Provided alfo, That
no perfon or perfons (hall be impeached, profecuted, or molefted, for any offence
before mentioned in this act, unlefs he or they be profecuted for the fame within
ten days after the offence committed.
Writs, warrants VIlI. And be it further enacted, That no perfon or perfons, upon the Lord's day,
executed on the ^ia^ f£rve or execute, or caufe to be ferved or executed, any writ, procefs, warrant,
Lord's day, ex- order, judgment, or decree, except in cafes of treafon, felony, or breach of the
matters. peace, but that the fervice of every fuch writ, procefs, warrant, order, judgment,
or decree, (hall be void to all intents and purpofes whatfbever, and the perfon or
perfons fo ferving and executing the fame, fhall be liable to the fuit of the party ag-
grieved, and to anfwer damages to him for the doing thereof, as if he or they had
done the fame without any writ, procefs, warrant, order, judgment, or decree at
Perfons ferved all, and in cafe any perfon or perfons fhall be imprifoned, or detained in cuftody,
on' Sunday to ^y any writ> procefs, warrant, order, judgment, or decree, fo ferved or executed
be dilcharged, upon the Lord's day, upon motion or petition made to the chief juftice, or any one
of the affiftant juftices for the time being, it fhall be lawful for the chief juftice, or
affiftant juftice or juftices, and he or they are hereby authorifed and required imme-
diately to order fuch perfon or perfons to be difcharged out of prifon and cuftody, and
to be clear not only from fuch writ, procefs, warrant, order, judgment, or decree,
fo ferved on the Lord's day, but alfo from all and every other writs, procefs, war-
rant, order, judgment, or decree, ferved or executed upon any perfon during the
time of the faid perfon's being imprifoned or detained upon the account of any fuch
writ, .procefs, warrant, order, judgment, or decree fo ferved or executed on the
Lord's day, and fuch perfons fhall be allowed by the faid chief juftice, or affiftant
and allowed a :uftices fllch reafonable time as he or they fhall think fitting, to return to his home
certain time to J / ,4 ...
return home. or habitation, free from any arreft or hinderance whatfoever, in civil matters.
Adions IX. And be it further enabled, That if any action, fuit, or information, fhall be
perfons1 irf ^the commenced againft any perfon or perfons, for what he or they fhall do in purfuance
execution of or execution of this act, fuch perfon or perfons fo fued may plead lhe general iffue
how they are to (not guilty) and upon iffue joined, give this act, and the fpecial matter in evidence;
proceed. and if the plaintiff or profecutor fhall become non-fuit or fuffer difcontinuance, or if
a verdict pafs againft him, the defendant or defendants fhall recover his or their
treble
P
LAWS OF GEORGIA. 83
treble cods, for which he or they (hall have the. like remedy, as in any cafe where A. D. 1762.
cofts by law are given to the defendant. No" 8
X. Directing this act to be read four times a year by every minifter, &c. — Obfolete.
LEWIS JOHNSON, Speaker.
JAMES HABERSHAM, Pre/dent.
James Wright.
March 4, 1762.
An Acl to enable the commiffioners appointed by an acl of the general No> 8?-
affembly of this province, entitled " An Acl for regulating the tovun
of Savannah, and for afcertaining the common thereunto belonging,
to alien and convey a certain portion of the faid common in exchange
for other land to the faid common adjoining"*
WHEREAS in and by an act of the fecond general aflembly of this province, Preamble.
entitled an act for the better regulating the town of Savannah, and for
afcertaining the common thereunto belonging, the faid common is afcertained and de-
clared to be the common property of the lot-holders of the faid town, and not to be
aliened or granted away for any purpofe whatfoever other than by act of the general
aflembly : And whereas the exchanging a fmall part or the faid common confiding of
about fifteen acres for four garden lots, feverally adjoining to other parts of the faid
common and to become a part thereof, will not only enlarge the common of the faid
town, but alfo render it more compleat and uniform, Be it therefore enacted^ That Ena&ecf,
from and after the pafling of this act it fhall and may be lawful to and for the com-
miflioners named and appointed in and by the faid recited act of the general aflembly, Commiffioners
by any fit deed or conveyance in the law, by them or any three of them, to be made po^erecTtoTx-
and executed to grant, alien and convey unto his Excellency James Wright, Efquire, change fifteen
or to any perfon or perfons for his ufe, and to his and their heirs and afligns forever, common for
all that part of the faid town common on the fouth-eaft boundaries of the common of four garden lots
the town of Savannah, adjoining the garden lots number feven, eight, thirteen and twenty acres.
fourteen, extending on a direct line twenty-five chains and courfe of the garden lots
to the eaftern road, and from the upper wefternmofl corner of the late truftees gar-
dens in a direct line and courfe of the garden lots aforefaid, fourteen chains to the
eaftern road and bounded to the northward by the faid truftees gardens, and particu-
larly defcribed by the letters A, B, C and D, in the plan hereunto annexed, contain-
ing fifteen acres more or lefs, he the faid James Wright firft granting and conveying,
or caufing to be granted and conveyed unto the faid commiflioners all thofe four gar-
den lots containing together twenty acres, more or lefs, fituate fouthward of the
faid common, and adjoining thereunto, and particularly defcribed in the faid plan
to this act annexed, by the numbers nineteen, twenty, thirty-one and thirty-two,
to
* Further exchange of common— See acl: of 1766, No. 149.
84
DIGEST OF THE
A. D. 1762.
No. 89.
Such part of the
common when
exchanged, to
become the pro-
perty of Sir
James Wright.
And the garden
lots obtained to
be a part of the
common.
No, 90.
to hold the fame unto the faid commiffioners and their fucceflbrs forever, as part
and parcel of the common of the faid town of Savannah, for the ufe of the lot-
holders thereof.
II. A?id be it further enaBed, That from and after the alienation and exchange re-
fpedHvely made of the faid part of the faid common herein before defcribed for four
garden lots in manner as before mentioned, the faid tract of fifteen acres, more or
lefs, defcribed as aforefaid in the faid plan by the letters A, B, C and D, fhall and
is hereby declared to be fevered from the faid common, and become and continue
the abfolute property of the faid James Wright, or other perfon, for his ufe, and
his or their heirs or affigns for ever.
III. And that the faid four garden lots before mentioned and defcribed fhall from
thenceforth be and continue as part and parcel of the faid common of the town of
Savannah, for the ufe of the lot-holders of the faid town, to all intents and purpofes
whatfoever as any other part of the faid common is, according to the true intent
and meaning of this act.; any thing in the faid recited act contained to the contrary
notwithftanding.
JAMES HABERSHAM, Preftdent.
• LEWIS JOHNSON, Speaker..
James Wright.
March 4, 1762.
An AB for raiftng and granting to his majejly the fum of £193 10 flerlingi and for ap-
plying the fame towards the better fupport and encouragement of pilots for the fer vice of
the province^ as therein mentioned.
March 4.
Obfolete.
No. 91, An AEl to empower the furveyors in the parifh of St. John to lay out a new public road
from the town of Sunbury to join the fouth weft road near the plantation of Samuel
HqJlingSy and to make the inhabitants of the i/lands to the fouth ward of the river Great
Ogechee liable to work on the public roads in their feveral pari/hes; and to appoint two
additional furveyors for the parifh of St. John.
March 4.
No. 92, An At! for building a church in the town of Augufla, and repairing the parfonage houfe
there;* and providing a fund for building and repairing churches and parfonage houfest
and fencing in the cemeteries appertaining thereto in the feveral parifhes within this
province.
March 4.
Obfolete.
An
* See acT: of 1783, No. a 8a; and note, page 52.
LAWS OF GEORGIA, 85
An Acl to amend an aEl to prevent the building wooden chimnies in the town of Savannah) A. D. 1 763.
the repair of thofe already built, and to provide again/} accidents of fire. No- 93-
April 7, 1763.
Thefe powers now vefled in the corporation.
An Acl for amending an acl for conflituting and dividing the fever al No. 94.
difricls and divifions of this province into parifhes, and for efla-
hlifhing of religious ivorfhip therein, according to the rites and ce-
remonies of the church of England; and alfo for empowering the
church-wardens and veftry-men of the refpeclive parifhes to qffefs
rates for the repair of churches , the relief of the poor, and other
parochial fervices, and for enlarging the public burial-ground at
Savannah, and inclofing the fame.
I. \~p MPOWERING church-wardens, &c. to levy parifh tax. — Repugnant. See
X_j note, page 52.
II. * And whereas the cemetery in the parifh of Chrift church belonging to the faid
parifh is become too fmall for the occafion, Be it therefore enabled by the authority cemetery of
aforefaidy That the faid cemetery be enlarged and extended to the line of Abercorn- Chnft church
ftreet, to the weftward, and one hundred feet to the fouthward, the whole to con-
tain two hundred and ten feet fquare, and the church-wardens and veftry-men of
the faid pariih are hereby empowered, at their difcretion, to agree with and hire
workmen to compleat, inclofe, and finifh the fame.
III. And be it further enabled by the authority aforefaid, That there be laid out, Burial ground
and inclofed in a line with the faid cemetery, adjoining the lines of the common, ;
towards the five acre lots, a place of two hundred feet fquare for the conveniency of
a burial-ground for negroes.
LEWIS JOHNSON, Speaker.
JAMES HABERSHAM, Prefident.
James Wright.
April'], 1763.
* See act of 1768, No. 178, enlarging the cemetery.
groes.
O
An ordinance appointing the honorable William Knox, Efquire, agent tofolicit the affairs No« 9S>
of this province in Great Britain.
April 7.
Obfolete.
An
86 DIGEST OF THE
A. D. 1763. An Act for continuing and amending an act of the general ajfembly of this province for
No- 9*>. regulating the ajjize of bread.
April 7, 1763.
Obfolete. — Sec ail of ir/6$, No. 174.
No. 97. An Acl to prevent damages which may arife from dams or banks for referving or flopping
of water.
April 7.
Obfolete. — See a8s of 1773, No. 119; and 1787, No. 363.
No. 9§. An Acl to empower the general court of pleas to grant writs of partition of lands and
tenements held in coparcenary, joint tenancy ', and tenancy in csmmon, in this province ',
and appointing the method of proceeding therein.
April 7.
Re-enabled by a8 of 1767, No. 166.
No. 99. An Acl for pi-eventing fraudulent mortgages and conveyances, and for making valid all
deeds and conveyances heretofore made in refpecl to any defeel in the form and manner
of making thereof.
April 7.
Re-enatled with alterations by aB of 1 768, No. 1 88.
No. 100. An Atl for granting to his majejly the fum of £1934 9, for the ufe and fupport of the
government of Georgia for the year 1 763, to be rnifed at certain rates as therein men-
tioned, and for the more effetlual collecling of arrears*
April 7.
Obfolete.
No. !ci. An Ac~l to prevent perfons throwing ballaft or rubbifh, or falling trees
into the rivers and navigable creeks within this province, and for
keeping clear the channels of the fame.*
I. II. III. IV. T\ E-ENACTED with amendments by aft of 1765, No. 121.
Perfons ob- _£ \, V. And be it enabled by the authority aforefaid. That if any
gadon" how-to Perf°n or perfons after the time of palling this act, fhall cut or caufe to be fallen or
be treated. cut down any trees contiguous to the rivers or navigable creeks by this act intended
to be kept free and pafiable for {hipping, perriaguas, and large boats, and fuch trees
fo
* Amended by a<5l of i;6j, No- 121.
LAWS OF GEORGIA. 87
fo felled and cut down, fhall happen to fall into the faid rivers, or into or acrofs the A* D. 1 7^3*
faid navigable creeks, the perfon or perfons fo falling or caufing the faid trees to be No. 101.
felled and cut down, fhall forthwith clear the faid rivers or navigable creeks of the
fame, at his or their fole coft and expence; and in cafe of his or their neglect or re-
fufal fo to do within ten days, any one juftice of the peace of the parilh or diftrict
where the fame fhall happen, may, and is hereby authorifed, on information on
oath to him thereof given, forthwith to iflue his warrant to the conftable of the faid
parilh or diftric~t, to caufe the faid tree or trees to be removed out of the faid rivers
or navigable creeks, and the expence attending the doing thereof fhall be paid and
difcharged by the perfon or perfons fo falling or cauiing the faid trees to be felled
and cut down, and fuch juftice is hereby fully authorifed and impowered to iflue
his warrant for levying the fame, together with the charge attending thereon, by dif-
trefs and fale of the goods and chattels of fuch offender or offenders, and for want of
fufficient diftrefs, to commit fuch perfon or perfons offending as aforefaid to prifon
for the fpace of thirty days, or until payment fhall be made as aforefaid. Provided Provifo.
neverthelefs, That nothing herein contained fhall extend, or be conftrued to extend,
to include, or to make clear, or navigable, any creek not navigable at the time of
pafling this act.f
LEWIS JOHNSON, Speaker.
JAMES HABERSHAM, Prejidenf,
James Wright.
April -j, 1763.
f Perpetuated by act of 1783, No. 279.
An AEi to prevent the bringing into and fpreading of contagious diflempers in this province, No. 102.
and to oblige vejjels going out of any port within the fame, firfl to produce for that pur-
pofe a pajfportfrom the governor or commander in chief for the time being; and alfo to
prevent the harboring of fick failors and others.
April 7, 1763.
Obfolete. — See abl of 1793, No. 485.
An Ac~l to empower the commiffioners appointed in and by an acl of the *T©« i°3-
general ajfembly of this province, entitled, " An acl for repair-
ing of Chrijl church in Savannah" to lay out afpot of ground for
erecting a parifh church thereon, and to remove the prefent mar-
ket, and lay out afpot of ground for ere cling the fame.
WHEREAS the repairing the parifh church in the town of Savannah-, and Comrmffioners
parifh of Chrift church, or rebuilding the fame on the prefent foundation Jjf^JJKS
is found to be impracticable, Be it enabled. That immediately after the pafling this to remove the
act, it fhall and may be lawful to and for the commiflioners named and. appointed "" l4und ]Y0
in build a church.
88 DIGEST OF THE
A. D. 1763. in and by an aft pafled in the third feffion of the fecond general aflembly of this pro-
No. 103. vince, entitled, " An act for the repairing of Chrift church, in Savannah," and they,
or any five of them, are hereby empowered, and fully authorifed, to caufe the build-
ings and flails now erected and ufed for a market, in the center of a fquare of
the faid town of Savannah, called Wright's fquare, to be removed from thence, and
in the fame place to lay out a fufficient fpace of ground for the erecting thereon a
parifh church, which faid portion of ground fo to be laid out, fhall be, and is from
henceforth, allotted and appropriated to and for the ufe and purpofe aforefaid.
A piece of I& And be it emitted by the authority of ore/aid, That it fhall and may be lawful
fTout for the t0 "ncl ^or ^ **aid commiu"loners> and tney> °t any five of them are hereby em-
market, powered and fully authorifed to lay out a proper fpace or quantity of ground, in a
fquare of the faid town of Sarannah, called Ellis's fquare, and thereon to caufe the
buildings and flails for a market to be placed and put, which faid ground fo laid
out, fhall be, and is from henceforth, allotted and appropriated to and for the ufe
and convenience of a public market.
LEWIS JOHNSON, Speaker.
JAMES HABERSHAM, Preftdent.
James Wright.
Jpri/ -'J, 1763.
No. 104.
An A Si for regulating a ivork-houfe for the cuflody and punifhment
of negroes, .
Preamble. *^"^ T"HEREAS a law for regulating a work-houfe for the confinement of negroes,
V v and punifhment of fuch as are obftinate and diforderly, is highly neceflary,
Enafted. Be it enabled, That Jofeph Ottolenghe, William Ewen, and John Morel, Efquires,
Commiffioners Alexander Tyffe and Benjamin Goldwire, fhall, and they are hereby nominated and
named,andhow appointed commiffioners for the ordering and taking care of the faid work-houfe ;
appointed. .... .
which faid commiffioners, or any three of them, fhall have full power and authority
to do and tranfact all and every the matters in and by this act enjoined and directed
to be done by them, which commiffioners (hall- be and continue until Eafter Monday,
in the year one thoufand feven hundred and fixty-four ; after which the fame number
of commiffioners fhallbe annually chofen and elected at the fame time and in the
fame way as is appointed for chufing pariffi officers; and the commiffioners fo chofen,
Penalty on re- refufing to act, fhall be, and they are hereby made liable to pay the fame fine as is
futmg to a<5t. impofed on church-wardens refufing to act.
A mailer to be ^* ^n^ ^e it further enabled, That the faid commiffioners fhall, within two months
appointed by after the paffing this act, appoint a fit and proper perfon to be mafter or warden of
the work-houfe for fuch term and time not exceeding the term of three years, as
they fhall think fit, or during his good behavior, to have and take the care and
charge of the work-houfe, and of the negroes that, from time to time, fhall be fent
or committed to his care ; and the faid commiffioners are hereby empowered to con-
tract
irons.
LAWS OF GEORGIA. 89
tract with fuch mafter or warden to have and take fuch fees, perquifites and advan- A. D. 1763*
tages out of the profits of the work and labor of fuch flaves as fhall be committed „„. , I04- ,
o * riis fees to be
and fent to the work-houfe, or fuch other ftated falary out of the profits of the fame afcertained by
as they fhall think reafonable, during the time of his appointment. them.
III. And be it further enacled> That the mafter or warden of the work-houfe to Matter empow-
be appointed as aforefaid, fhall have power and authority, and he is hereby authorifed, negroes in work
empowered and directed to fet all fuch negroes (criminals excepted) as fhall from hpufe, and pu-
time* to time be duly fent or committed to his cuftody to work and labour (if they whipping or
be able) for fuch time as they fhall continue and remain in the work-houfe, and to
punilh them by putting fetters or fhackles upon them, and by moderate whipping,
not exceeding twenty ftripes in one day.
IV. And be it further enacted- That the faid mafter and warden of the work-houfe To provide ma-
1 nit r- r'-i -iri r terialstor work-
fhall provide, as there fhall be oecafion, fuitable materials for the employment or ing them and
fuch negroes as fhall be committed to his cuftody, except as before excepted, and the pro- the profits to be
fits that fhall arife by the labor of fuch negroes fo to be employed fhall be paid by miffioners, how
the faid mafter or warden to the faid commiffioners, who fhall apply the fame to- aPPlied'
wards the difcharge of the faid mailer's fees or falary, and in providing materials for
the faid negroes employment.
V. VI. VII. VIII. IX. Revifed and re-enacted by act of 1770, No. 204, 24,
25, 26, 28 fections.
X. And be it further enabled. That any perfon or perfons, having flubborn, obfti- Matter topunifh
.. r •> e •» Haves as their
nate, or incorrigible negroes or flaves, may fend and commit them to the work- owners direct.
houfe, there to be kept to hard labor, or otherwife to be corrected as they fhall di-
rect ; and the mafter and warden is hereby ftrictly commanded and required to exe-
cute the fame, the owner or owners thereof paying for the correction and mainte-
nance of fuch flave or flaves during his or their confinement, at the following rates,
viz. fix pence for each day's maintenance, and one fhiliing and four pence for each Fees for the
chaftifement that the owners may direct. amc'
XI. And in cafe of the death, abfence, or refufal to act, of any of the commiffi- vacancies of
oners named in this act, the acting; commiffioners, or the majority of them, fhall ap- commiffioners
. / h ._ . ! r 1 r i. j- C howto be filled.
point other proper perions as commmionerSj m the room 01 thole who may die, be
abfent, or refufe to act as aforefaid.
XII. And be it further enabled by the authority aforefaid^ That this act fhall be and Continuance of
continue in force during the term of three years from the pafiing the fame, and from l 1S *
thence to the end of the next feffion of the general afTembly, and no longer.*
LEWIS JOHNSON, Speaker.
JAMES HABERSHAM, Prefident.
James Wright.
April 7 , 1763.
M An
* Perpetuated by revival act of 1783, No. 279,
oo DIGEST OF THE
A. D. 1763. An Aft for holding fpecial or extraordinary courts of common pleas > for
No. 105. fa tr-mi 0jcaujes arifing between merchant s, dealers and others, and
Jhip maftersifupercargoes-, and other tranfient perfons.*
Preamble; "\jC 7"HEREAS, difputes and difFerences frequently arife and happen between
\ \ merchants, dealers and others, and ihip mailers, fupercargoes, and other
tranfient perfons, trading to, and having commercial concerns in this province, which
cannot be determined by legal procefs, without obliging tranfient perfons to wait
the ufual time of holding the general court of pleas, and the ordinary forms of proceed-
ing therein, and thereby caufing great charge and expenfe to fuch mafters, fupercar-
goes, and other tranfient perfons, by detaining their veffels in port when ready for
failing, and otherwise damnifying them, to the great hinderance and difadvantage of
Ena&ed. foreign commerce ; for remedy whereof, Be it enafled, That it (hall and may bo
lawful for the chief juftice, and in his abfence for either of the juftices of the general
court of pleas, at any time after the palling of this a£t, upon petition to either of
Tranfient per- them made by any fhip mafter, fupercargo, or other tranfient perfon or perfons, who
tain haWf °ecial f^dl nave anv difpute or difference with any merchant, dealer, or other perfon or
court : perfons touching any contract, agreement, fale, promife, debt or demand whatfoever,
made or arifing within this province, during the continuance therein of fuch tranfient
perfon or perfons, and not otherwife, fetting forth in fuch petition the nature of his,
her or their cafe, and at the fame time making oath that he, fhe or they cannot,
without great inconvenience and damage to him, her or them, wait the determination
of fuch matter in difference by the ordinary and ufual courfe of proceeding in the faid
court, to order, and the faid chief juftice and juflices are hereby required and direc-
To beheld with ted to order and appoint a fpecial or extraordinary court to be held within feven days,
terpetltitn^re- a^ter tne Preferrmg °f fuch petition, for the trial of any fuch caufe or matter in
fened. difference.
Plaintiff to fue ^* -^n^ ^e li farther enabled, That immediately after the appointment of fuch
out writ, &c. court, the plaintiff or plaintiffs in the caufe (hall forthwith fue out his, her or their
to appear and writ, and affile his, her or their declaration thereon, with a copy of his, her or their
plead to iffue account or other demand, to which the defendant or defendants fhall appear imme-
diate, and plead to iffue without delay, in default whereof, judgment to be entered
Jury of mer- for the plaintiff or plaintiffs, and thereupon a fpecial jury of merchants or other fit
ftrock h°W perfons for trial of the faid matter, or affeffing the damages in cafe of judgment by
default, fhall be nominated and ftruck before one of the judges of the faid general5
court, or the clerk of the pleas, in like manner as fpecial juries are ftruck in the
courts of Weftminfter hall, every fuch jury nominated to confift of thirty perfons,
out of which each party fhall have liberty to ftrike fix, and the remaining eighteen
fhall be impanneled to try fuch caufe, and the jurors fo named and ftruck, fhall ac-
cordingly be fummoned by the provoft marfhal to appear at the faid fpecial court, a
ventre facias being iffued for this purpofe.
III.
* Amended by aft of 1766, No. 143.
LAWS OF GEORGIA. 9i
III. And be it further enacted, That if any perfon fummoned on fuch fpecial jury A. D. 1763.
fhall not appear, or on appearance fhall refufe to be fworn, that then it fhall and may No- I05-
be lawful for the faid court to fine every fuch juror in a fum not exceeding four pounds, Penaity on ju-
rors not 3.DDC3,r»
and each of the jurors fworn on fuch trial fhall be paid by the party prevailing five ing.
{hillings, which (hall be allowed him in cofts ; Provided always, That in cafe a fuffi- jurors fwont
xient number of jurors fhall not appear for the trial of fuch caufe, that then it (hall how Paid*
and may be lawful for the court to order the deficiency to be made up from any perfons Pr0Vlfo'
then prefent in court, or in Savannah, as they fhall judge fit, who fhall thereupon
be fworn on fuch jury, and in cafe of refufal, fhall and may be fined as herein before
mentioned.
IV. And be it further enabled, That no final judgment fhall be entered, or execu- Final judgment
tion iflued, until the third day inclufive from the day of trial, and fuch court fhall be e^utionfo^f-
adjourned accordingly, that the party againft whom a verdict fhall be given, may be fue under .tkree
at liberty to move in arreft of judgment, or to appeal therefrom, if he, fhe or they ays'
fhall think fit.
V. And be it further enabled, That where any fuit or action, in the general court A fpecial court
of pleas, fhall be commenced againft any fhip matter, fupercargo, or other tranfient ^fo/any^tran-
perfon or perfons, for any matter arifing during his, her or their continuance in this fient perfons
province, as aforefaid, it fhall and may be lawful for the chief juftice or either of the
juftices, as aforefaid, and they are hereby required, on petition and affidavit, as afore-
faid, to order and appoint a fpecial court for the trial and determination of fuch fuit
in like manner as herein before is provided.*
LEWIS JOHNSON, Speaker.
JAMES HABERSHAM, PreftdenU
James Wright.
April i, 1763.
* ThisacT: is recognized by the conftitution of 1777, and of 1789,
A. D. 1764.
An Aclfor appointing commiffioners to rebuild the court houfe in the no. 106.
totvn of Savannah^ ivith jury rooms-, and other conveniencies ne-
cejfary for the faid houfe , and to empower the faid commiffioners to
difpofe of the materials of the old court houje*
WHEREAS the court houfe in the town of Savannah, where his majefty's Preamble.
courts for the province of Georgia are held, is now reduced to a decayed
and ruinous condition, and it being of the utmoft importance to this province fpee-
dily to rebuild the fame, together with jury rooms, and other conveniencies for the
faid court-houfe, which have not been hitherto provided :
I. Be it therefore enabled, That as foon as conveniently may be after the pafling Ena&ed.
of this ad, the old court houfe in the town of Savannah, being now in Wright- sSn^hto te
fquare, fhall be pulled down, another court houfe, in its ftead, with jury rooms, rebuilt.
and other necefiary conveniencies, fhall be erected or rebuilt in the fame place or lot.
II.
<j2 DIGEST OF THE
A. D.i 764. II. And be it further enaEledy That his excellency the governor or commander in
No. 106. chief of this province for the time being, the chief juRice, affiftant judges, and
Commiffioners attorney general for the time being, Jofeph Ottolenghe and Henry Yonge, Efquires,
appointed with , , , , , , . \ . . . „ a ,.-,;} „,,
certain powers, be, and they are hereby nominated and appointed commiiiioners* to put this acx in
execution, and they, or any three of them, are hereby empowered, authorifed and
required, to fix upon fuch a convenient plan, as fhall not, when completely exe-.
cuted, exceed the fum of fix hundred pounds fterling, and to contract for mate-
rials, and to agree with workmen for the rebuilding of the aforefaid court-houfe,
and the additional parts herein before mentioned ; and the aforenamed commiffi-
oners, or any three of them, are hereby alfo empowered and authorifed to fell, if
they fhall fee it necefTary, all or any part of the. materials belonging to the. faid old
court-houfe, by a public fale, to the beft bidder, and the money arifing from fuch
fale, fhall be applied by the aforefaid commifTioners towards the rebuilding of the
faid court-houfe.
Expences of HI. And be it enabled, ..That the commiffioners, or any three of them, are hereby
yaiVby the authorifed and empowered to certify the expence of rebuilding the faid. court houfe
treasurer. to the governor and council, who. fhall give orders on the treafurer of this province,
for the faid feveral expenses aforefaid, to be paid by him out of the monies already
provided, or hereafter to be provided for that purpofe.
Vacancies how IV. And be it enabled, That in cafe any of the commifTioners herein before named
and appointed, fliall die, depart the province, or refufe to act, the remaining com-
mifTioners, or any three of them, fhall, as Toon as convenient, notify the fame to
the governor or commander in chief for the time being, who is hereby authorifed
and empowered to appoint and nominate one or more in the room of fuch as fhall
die or depart the province, or refufe to act.
Commiffioners V. And be it further enabled, That the commifTioners appointed by virtue of this
laid hefor° 'the a<^ ^a^ *ay t^e'r accounts °f ^e monies by them received and expended in the
*ffembiy. rebuilding of the faid court houfe before the general afFembly, when thereunto
required.
\ LEWIS JOHNSON, Speaker.
JAMES HABERSHAM, Prefdent,
James Wright.
February 29, 1 764.
* Mayor and aldermen are now commiffioners. See act of 1.791, No. 45a.
No. 107. An ordinance re-appointing William Knox, Efquire, agent, to folicit the affairs of this
province in Great Britain..
February 29.
Objohte.
No. 108. An Atl for further amending an abl, entitled " An at! to empower the feveral furveyors
therein named to lay out public roads in the province of Georgia.
February 29.
Obfokte. Jn
LAWS OF GEORGIA, 93
An Act for further continuing an act, entitled " An atl to prevent wafers of vefflsfrom A. D. 1764,
carrying off perfons in debt from this province" ^°- i-9-
February 29.
Obfokte. — See at! No. 50.
An, Atl to enable the commiffioners appointed in and by an act of .the general off embly cf No-n-
this province, entitled " An atl for the repairing of Chrijl church in Savannah" to
difpofe of fuch materials, as have already been provided for rebuilding of the f aid church
in Savannah , and to place out at inter ejl the monies ar'fing by J ale thereof together with
the monies provided by fever al ails of affembly for repairing and rebuilding of the f aid-
churchy and noiv in the hands of the treafurer..
February 29.
Obfolete..
An Acl to fupprefs lotteries, and prevent other excejfive and deceitful No. in.
gaming.*
WHEREAS many good and wholefome ftatutes of Great Britain have from Preamble.
time to time been enacted and eftablifhed to prevent lotteries and gaming,
and great mifchiefs are daily found to arife from fuch practices, both to trade and
the community in general, as many idle, loofe, and diforderly perfons find means
thereby to fupport themfelves in a difhoneft, diflblute courfe of life, and the younger
fort of people, and others, are frequently drawn in and deceived, to the lofs of
their time and ruin of their fortunes, Be it therefore enacted, That from and after the EnaffeJ:
paffing of this act, if any perfon or perfons fhall erect, fet up, or expofe to be played, Perfons escca-
drawn, or thrown- at, or fhall caufe or. procure to be erected, fet up, expofed to be ftp&k^jocT"'
played, drawn, pr thrown at, any lottery, under the denomination of afale or fales; of
houfes, lands, plate, jewels, fhips, goods, or other things, or for money, or any un-
dertaking whatfoever in the nature of a lottery, by way of chances, either by dice,
lots, cards, numbers, figures, or tickets, or fhall make, print, advertife, or publifh,
or caufe to be made, printed, advertifed, or publifhed, propofals or fchemes for ad-
vancing fmall fums of money, by feveral perfons, amounting in the whole to large
fums, to be divided among them by chances of prizes, or fhall deliver out,, or caufe
or procure to be delivered out, tickets to the perfons advancing fuch fums, to entitle
them to a fhare of the money fo advanced, according to fuch propofals or fchemes, or
fhall expofe to fale any houfes, lands,, plate, jewels, fhips, or other goods or chattels,
by any game, method or device whatfoever, depending upon, or to be determined by
any lot or drawing, whether it be out of a box. or wheel, or by cards or dice, or by
any machine, engine, or device of chance of any kind whatfoever, or fhall be ad-
venturers in, or pay any monies or other confederation, or any ways contribute unto
any of the faid games, lottery or lotteries, fale. or. fales, fuch perfon or perfons, and
every
* See an additional act paffed in 17655 No. 1x2 ; and acl; of 1777, No, 232..
94 DIGEST OF THE
A. D. 1764. every or either" of them, on being convicted thereof, on the oath or oaths of one or
No. in. more credible witnefs or witneffes, or on the confefiion of the party or parties
accufed, (hall forfeit and Iofe the fum of five hundred pounds lawful money of this
province, to be recovered by action of debt, or information, in the general court of
pleas, the one moiety of fuch forfeiture to be to his majefty, for the fupport of the
government of this province, and the other moiety to the informer : And all and
, every fuch fale or fales of houfes, lands, plate, jewels, fhips, goods, and other
Sales, &c. de- ' ..... i_ j • 1. /■
clared void, things, by any game, lottery or lotteries, machine, engine, or other device whatlo-
ever, depending upon, or to be determined by chance or lot, (hall, and are hereby
and whatfoever declared to be void to all intents and purpofes •, and whatever (hall be fo fet up, and
fliajl be fet up expofed to fale, {hall be forfeited to fuch perfon or perfons who (hall fue for the fame,
to he forfeited. ^ a£ionj bill, plaint, or information, in his majeRy's general court of pleas of this
province, wherein no aflbign, protection, wager of law, or more than one impar-
lance, fhall be allowed : And in cafe of any offender againft this act, not having Ef-
ficient goods and chattels, whereon to levy the penalty hereby inflicted, or not imme-
diately paying the faid penalty, or giving fecurity for payment thereof, it fhall and
may be lawful for the juflice before whom fuch perfon or perfons fhall be convicted
to commit him or them to prifon, there to continue and remain for any time not ex-
ceeding twelve months.
Bonds, bills, II. 4"d be it enafted, That from and after the paffing of this aB, all bills, bonds,
&c. on account judgments, mortgages, notes of hand, or other fecurities or conveyances whatfoever,
ofgam.ng to be ^^ granted, drawn, or entered into, or executed, by any perfon or perfons whatfo-
ever, where the confideration of fuch conveyance or fecurities fhall be for any mo-
nies or other valuable things whatfoever, won by gaming, or playing at cards, dice,
tables, tennis, bowls, or other game or games, bet or bets, chance or chances of any
kind whatfoever, or by betting on the fide or hands of fuch as do game at any of the
games aforefaid, or for reimburfing or repaying any money knowingly lent or ad-
vanced at the time and place of fuch play to any perfon or perfons fo gaming or bet-
ting as aforefaid, or who fhall during fuch game fo play or bet, fhall be utterly void
and of none affed to all intents and purpofes whatfoever, any flatute or ufage to the
contrary thereof notwithstanding ; and where fuch mortgages, fecurities, or other
conveyances, {hall be of lands, tenements, or hereditaments, or fhall be fuch as
incumber or affect the fame, fuch mortgages, fecurities, or other conveyances, fhall
inure and be to and for the fole ufe and benefit of, and fhall devolve upon fuch perfon
■or perfons as fhould or might have, or be entitled to fuch lands, tenements, or here-
ditaments, in cafe the faid granter or granters thereof, or the perfon or perfons fo
incumbering the fame, had been naturally dead, and as if fuch mortgages, fecurities,
«r other conveyances, had been made to fuch perfon or perfons fo to be entitled after
the deceafe of the perfon or perfons fo incumbering the fame; and all grants and
conveyances to be made for the preventing fuch lands, tenements, or hereditaments,
from coming to, or devolving upon fuch perfon or perfons hereby intended to enjoy
the fame as aforefaid, fhall be deemed fraudulent and void, and of none effe.a.
XI 1 •
LAWS OF GEORGIA. $g
III. And be it enaffed, That any perfon or perfons whatfoever, who, at any time A. D. 1764.
or times, fitting or fittings, within the fpace of twenty-four hours, by playing at No- ,1T«
cards, dice, tables, or other game or games, or by betting on the fides or hands of Mone'>' )oft hJ
' 3 ' ° . gaming how to
fuch as do play at any of the games aforefaid, (hall lofe to any one or more perfon or be recovered-
perfons fo playing or betting, in the whole the fum or. value of Eve millings, lawful
money of this province, and {half pay or deliver the fame, or any part thereof, the
perfon or perfons fo lofing, and paying and delivering the fame, fhall be at liberty,
within three months then next following, and not after, to fue for and recover the
monies or goods fo loft, and paid or delivered, or any part thereof, from the rcfpec-
tive winner or winners thereof, with cofts, by a warrant from a juftice of the peace,.
in nature of a warrant for debt, founded on this a<fr, in cafe the monies or goods fo
loft and paid or delivered, (hall not exceed the value of eight pounds, lawful money
of this province ; and in cafe the monies or goods fo loft, and paid or delivered, (hail
exceed that fum, the lofer (hall and may recover the fame from the winner or win-
ners, with cofts, by aclion of debt, founded on this aft, to be profecuted in his
majefty's general court of pleas in this province, in which action or fuit, no effoign,
protection, wager of law, privilege, or more than one imparlance, (hall be allowed ;,
and in which action or fuit it fhall be fufficient for the plaintiff to allege that the
defendant or defendants are indebted to him,, or received to the plaintiff's ufe, the
monies fo loft and paid, or converted the goods won of the plaintiff to the defendant's
ufe, whereby the plaintiff's action accrued to him according to the form of this acl*
without fetting forth any fpecial matter ; and in cafe the perfon or perfons who fhali
lofe fuch money, or other things as aforefaid, fhall not, within the time prefcribed,,
really, and bonafide^ fue, and with effect profecute, for the monies or other things.
fo by him or them loft and paid,, or delivered as aforefaid, it fhall and may be lawful
to and for any perfon or perfons, by any fuch action or fuit as aforefaid, to fue for
and recover the fame, with full cofts of fuit, againft fuch winner or winners as
aforefaid, unlefs fuch winner or winners, within ten days after the winning fuch
money or things, {hall repay or re-deliver to the lofer fueh money or things fo won
and received as aforefaid, together with fuch cofts of fuit as may have accrued before
the re-payment or re-delivery of fuch money or thing, the one moiety of the money or
thing fo recovered fhall be to the ufe of the perfon or perfons (other than the perfon.
lofing) who fhall fue for the fame, and the other moiety to the ufe of the poor of
the parifh where the offence fhall be committed.
IV,. And, for the better difcovery of the monies or thiags fo won and received, perfons fued for
and to be fued for and recovered as aforefaid, It is hereby further enafled. That all mon.ey won °Y
, J J gaining) com-
and every the perfon or perfons, who,, by virtue of this prefent act, fhall or may be peiled to difco-
liable to be fued for the fame, fhall alfo be obliged and compellable to anfwer upon oath ^oath am°
fuch bill or bills in equity as fhall be preferred againft him or them, for discovering
the fum or fums of money, or other things, fo won and- received at play as afore-
faid; Provided iteverthelefst That, upon the difcovery and repayment of the money
or other thing fo to be difcovered and repaid as aforefaid, together with the cofts
that may have accrued,, fuch perfon or perfons fhall be acquitted,, indemnified, and-
discharged.
pi DIGEST OF THE
A. D. S764. difcharged from any further or other punifhment, forfeiture, or penalty inflicted
No. 111. by this act.
V. And be it enatfed. That if any perfon or perfons whatfoever, at any time or
times after the paffing of thjs act, by fraud, fhift, cozenage, circumvention, deceit,
or unlawful device, or ill practice whatfoever, in playing at or with cards, or dice,
or any of the games aforefaid, or in bearing a fhare or part in the (takes, wagers, or
adventures, or in or by betting on the fides or hands of fuch as do or {hall play as
aforefaid, do, or fhall win, obtain or acquire to him or themfelves, or to any other
Perfons win- or others, any fum or fums of money, or other valuable thing or things whatfoever,
nine
tares the
mount.
ng money, then every fuch perfon or perfons fo winninp-, by fuch ill practice as aforefaid, being
&c. by fraud, to . _ ' ' , i i ■■'
forfeit four convicted thereof, upon an indictment to be exhibited againft him or them for that
purpofe, fhall forfeit four times the value of the fum or fums of money, or other
things fo won as aforefaid, to the perfon or perfons profecuting, and alfo fhall fuffer
fuch corporeal punifhment as the court before whom the fame fhall be tried (hall think
fit to inflict, not extending to the lofsof life or member.
Penalty for VI. And, for preventing fuch quarrels as (hall or may happen upon the account of
fighting on ac- gaming Be it further enacled, That in cafe any perfon or perfons, upon account of
count of gam- £*. e . .. . ' r
ing. any money won by gaming, playing, or betting, at any of the games aforefaid, fhall
nffault and beat, or challenge or provoke to fight any other perfon or perfons, fuch
perfon or perfons fo aflaulting, beating, challenging, or provoking to fight, on being
thereof convicted, upon an indictment or information to be exhibited againft him or
them for that purpofe, fhall forfeit to his majefty, his heirs and fucceffors, the fum
of twenty pounds lawful money of this province, for the ufe of the faid province, and
fhall alfo fuffer imprisonment not exceeding fix months, without bail or main-prize.
Occupiers of VII. And whereas the occupiers of many licenfed public houfes, and of other
jfc r k^1?' houfes wherein liquors are fold, frequently fuffer gaming therein, and apprentices,
fine for fuffer- overfeers, journymen, laborers and fervants, by means thereof, not only mifpend
'thfr -|amins their time, but are often reduced to poverty and diftrefs, Be it therefort enacled,
That from and after the firft day of June next, after the paffing of this act, if any
perfon or perfons licenfed to fell any forts of fpiritous liquors, or who fhall fell or
fuffer the fame to be fold in his, her or their houfe or houfes, or in any out houfes,
grounds, or apartments thereto belonging, fhall knowingly fuffer any gaming with
cards, dice, draughts, fhuffle boards, billiard tables, (kittles, nine-pins, or at or with
any other games, or implements of gaming, in his, her, or their houfes, or out
houfes, ground, or apartments thereunto belonging, by any apprentices, overfeers,
journeymen, laborers or fervants, and fhall be convicted of the faid offence, or their
own confeffion, or on the oath of one or more credible witnefs or witneffes, (exclu-
five of the perfon giving information thereof) before any juilice or juftices of the peace
of the parifh or place where the offence fhall be committed, within thirty days after
fuch offence, he, fhe, or they fo offending, fhall forfeit for the firft offence the
fum of twenty (hillings lawful money of this province, and for every like offence he,
fhe, or they fhall be afterwards convicted of, the fum of forty (hillings, to be levied
by diftrefs and fale of the offender's goods, by warrant from the juftice or juftices,
before
LAWS OP GEORGIA. 97
before whom fuch offender or offenders (hall be convicted ; one moiety of which faid A. D. 1764:.
forfeitures Avail be paid to the church-wardens and veftry of the pavifh or place where No. in.
the offence fhall be committed, for the ufe of the poor there, and the other moiety
thereof to the perfon or perfons on whofe information fuch offender fhall be convict-
ed ; and for want of fufficient diftrefs, it mall and may be lawful for fuch juflice or
juflices to commit fuch offender or offenders to prifon, not exceeding ten days, or
until the money fo forfeited fhall be paid.
VIII. And be it further entitled, That from and after the faid fir ft day of June Certain perfons
next, if any apprentice, overfeer, journeyman, laborer, or fervant, fhall game in fj^houfes Alb-
any houfe, out houfe, ground, or apartments thereto belonging, wherein any liquors \e& to fine and"
fhall be fold, and fhall be thereof convicted, by the oath of one or more credible wit-
nefs or witnefles, or on his or their own confefhon, every fuch offender fhall forfeit
and pay the fum often fhillings for every fuch offence, to be levied by diftrefs and
fale, and applied as aforefaid ; and in cafe no fufficient diftrefs can be found, fhall
be committed to prifon, not exceeding the fpace of five days, or until the money fo
forfeited fhall- be paid.
IX. And be it further enacled, That it fhall and may be lawful to and for any juf- juffkes of the
tice or juflices of the peace of any parifh or place in this province, and he and they is ^[^ the^xe-
and are hereby required, upon complaint on oath of any offence committed againfl anion of. this
this act, to iffue his or their warrant to fome conftable of the parifh where the offence
fhall be charged to have been committed, or where the offender fhali refide, for
bringing before him or them, or fome other juftice of the fame, parifh, the perfon or
perfons charged with fuch offence, and fuch juflice or juflices are authorized to hear
and determine the matter of fuch complaint, and to proceed to judgment thereupon ;
and if it fhall appear by oath of any credible perfon, that any one within the faid jus-
tices jurifdicTtion, can give material evidence as to any offender againfl this act, or on
behalf of the perfon accufed, and will not voluntarily appear to be examined, fuch
juftice or juflices may and fhall iffue his or their fummons to convene every fuch.
perfon before him or them to be examined on oath touching the premifes, and in cafe
of refufal to be examined, without juft caufe, it fhall be lawful for fuch juftice or juf-
tkes to fine fuch perfon or perfons in a fum not exceeding forty millings, and in de*
fault of payment thereof in five days, to commit fuch perfon to prifon for a term not
exceeding ten days, or until the faid fine fhall be paid, and the expence attending
fuch commitment fhall be borneand paid by the party or parties offending againfl this
act, if of ability to pay the fame, and if not, the fame fhall be paid by the public in
like manner as is done for conveying criminal's to gaol'.
X. Provided always, and be it enacted, That in all proceedings purfuant to this wfiat perfons
ac~l, any inhabitant of the parifh or place where the offence fhall be committed fhail deemed coirge-
tent witnefles
be deemed a competent witnefs, and fhall give evidence, notwithstanding, his,, her, or bythisadi.
their being an inhabitant of fuch parifh or place.
XI. And be it alfo enacled, That if any juflice of the peace, or conftable^ fhall re- juilkesempow-
ceive information from any credible perfon, or fhall himfelf know, or have reafonable ered l° break
' * _ ' . I A open doors in
qj j.uft caufe to-fufpect, that, any fuch perfons as aforefaid are gaming contrary to the feizing perfons
N intention offendinS-
yS DIGESTOFTHE
A. 1). 1764. intention of this act, in any licenfed public houfe, or other houfe felling liquors, it
No. in. fhall and may be lawful for fuch juftice or conftable, taking with him two credible
perfons, to enter into the fame, demand being firft made for fo doing, and in cafe of
refuiVd to break open the doors of fuch houfes, and to fearch for, feize and apprehend
any perfon or perfons fo gaming as aforefaid, in order to his or their being proceeded
againft for fuch offence according to law.
Appeal allowed XII. Provided always, and it is further enabled, That any perfon or perfons who
irom the jufti- ftuu xh.\vik him or themfelves aggrieved by the determination of any iuftice or iuftices
tion to the ge- of the peace, may appeal therefrom to the general court of pleas, and the party appeal-
nerai court. jn^ n^jj gjve reafon?.ble notice thereof to the profecutor, and enter into a recognizance
with two fureties for profecuting the fame with -effect ; and in cafe the judgment or
convicYion of fuch juftice or juftices mall be confirmed, the party appealing fhall
pay treble cofts.
A public ad. XIII. And be it further enabled, That this a<£t fhall be deemed a public a£t, and
fhall be taken as fuch by all judges, juftices, and magiftrates, and in all courts within
this province, without fpecial pleading ; and fhall continue in force for the fpace of
feven years, and from thence to the end of the next feffion of the general affembly and
no longer.*
LEWIS JOHNSON, Speaker.
JAMES HABERSHAM, Prefdent.
James Wright.
February 29, 1 764.
* There appears to have been no feffion from 1770 'till 1773. By aclof 1773, No. 224, this act was further
continued for one year, and to the end of the next feffion of the general affembly which was held in the year
1777— further continued by acts of 1777, No. 136—1778, No. 257— 1781, No. 263—1783, No. 379— and
finally made perpetual by ad of 1784, No. 287.
No. us. An Acl for granting to his majejly the fum of £2117 13 o\ flerling for the ufe and fup-
port of the government of Georgia for the year 1764, to be rmfed at certain rates, and
after the method therein mentioned, and for the more effeblual collecting of arrears.
February 29.
Obfolete. "' ': _^_______^_______
No. 113. An Acl for the piinifhment of vagabonds^ and other idle and diforderly
perfons, and for creeling prifons or places offecurity, in the fever al
Darifhes of this province ; and for preventing trefpafjes on lands of
the crown, or lands refervedfor the Indians, and for the more ef-
fectual fuppr effing and punifhing perfons bartering with the Indians
in the ivoods.
SO much of this a£t as refpects vagabonds, re-ena&ed with alterations, by act of
17S8, No. 391.
Trading .with Indians, obfolete^- being under the regulation of Congrefs.
VIL
;f Amended by act of .1788, No. 39,1.
LAWS OF GEORGIA. 99
VII. And be it further enaFted hy the authority afore/aid, That if any perfon or A.D. 1764;
perfons, after the paffmg of this aft, fhall prefume to erect or fet up any houfes or No- I!3-
huts on the lands refervecl for the Indians, as hunting grounds, or for their own ufe, ^f on hnrbr'c-
or (hall trefpafs thereon by hunting, fuch perfon or perfons being thereof' convicted, ferved for indi*
in the manner before mentioned, touching trading or bartering with the Indians in *nd pwdlhttU!
the woods, fliall be liable to the fame penalty and punifhment as in thateafe is inflicted ;
and the juftice before whom the complaint is made, mall or may order fuch huts. and
buildings thereon made or being, to be deftroyed, and fhall likewife bind over the
offender for his appearance at the next feffions, or otherwife -commit him to gaol, as
before mentioned.
VIII. Refpedting gaols.
IX. And -whereas it hath been the common practice of many perfons in the back Perfons feating
fettlements of this province, to feat themfelves without authority on lands of the yic lafids-
crown, by building huts, clearing of land, and planting thereon, and have aifo fo far wirhout proper
affumed to themfelves a right to faid land, by fuch fearing, building and planting, as "^Idte and ™£
to fell the fame to the next comer, and from thence removing to fome more, dift ant orderly, and
part, have repeated the fame practice, to the manifeft detriment of fuch purchafers m^Vtobe dem-
and others, who would become ufeful fettlers by cultivating and improving the faid flroysd.
lands, by authority of the king's grant ; for remedy whereof, Be it further enafled
by the authority afore/aid, That from and after the pafling this act, if any perfon or
perfons mail be found fearing him, her or themfelves, on any. vacant lands of. the
crown, building huts or houfes, or clearing and planting the fame, and not having
applied for and obtained fuch authority for fo doing, as the governor or com-
mander in chief of this province in council fhall direct, fuch perfon or. perfons fo.
offending fhall be deemed idle and diforderly perfons, within the true. intent and
meaning of this act j and on conviction of any fuch offender or offenders, before
any of his majefty's juftices of the parifh where the offence may be committed,, fuch,
juftice or juftices fhall, and they are hereby re-quired, by a wricten order under his or
their hands and feals, directed to a lawful conftable of the faid province, to warn
fuch perfon or perfons fo unlawfully fettling on the king's lands, to leave the fame
within three months after fuch warning given, and in cafe of refufal, after the ex-
piration of the faid term, the perfon or perfons fo feated as aforefaid, not having
applied for and obtained a proper authority for continuing on the faid lands, and
prove the fame before a magiftrate of the faid parifh, the juftice or juftices aforefaid
may and are hereby required to direct any conftable, by warrant, for 'that purpofe, to
deftroy the huts, building, and fences of fuch offender or offenders againft this aci,
the expence of fuch warning or removal to be paid by the offending party, if of abi-
lity, and upon refufal, to be levied by warrant of diftrefs ; but if fuch offender is not :
of ability to pay the fame, it being duly proved, fhall be paid by the public in like
manner as for conveying criminals to -gaol*.
• XIL
100
DIGEST OF THE
A. D. 1764.
No. 113.
XII. And be it enaBed by the authority aforefaidy That this aft (hall continue and be
in force for the terra of two years, from the time of paffing thereof, and from thence
to the end of the next feffion of the general aflembly, and no longer.*'
LEWIS JOHNSON, Speaker.
JAMES HABERSHAM, Preftdent.
James Wright.
February 29, 1764*
* Further continued by feveral acts 'til 1773, tne« continued for one year and to the end of the next general
aflembly, which was held in 1777— further continued by acT: of that year, fee No. 236; and finally made per-
petual by acfl of 1784, No. 287.
*BMsasss^e
No. 114.
Preamble.
Enacted
Executors
admin i fixators,
their duties.
An Acl to direel executors and adminifirators in the manner and method
of returning inventories and accounts of their tejlators and int eflates
ejiates, and for allowing them and all other p erf on s ut) ho fhall or may
be intrujled <with the care and management of minors and other ef-
tateS) to charge commiffions thereon.
WHEREAS, for preventing any fraudulent difpofition or embezzlement of
the eflates of perfons deceafed, it is highly expedient that executors and
adminiftrators mould be obliged to render true and perfect inventories and appraife-
ments of the eflates and effects of their teftators and inteftates come to their hands
and poffeflion ; And ivherens it is alfo fit and reafonable, that, as well executors and
aclmimftrators, as all guardians and truftees, fhall have an allowance for their trouble
and care in the management of the eftates committed to their truft ; 'Therefore be it
e'latledy That from and after the paffing of this at~r., all and every executorf and ad-
and miniftrator, who (hall, before the ordinary of this province for the time being, or fuch
perfon as he fhall depute or appoint, qualify him, her or themfelves, for the admi-
niftration of the eftate and effects of his, her, or their teftator or inteftate, fhall upon
oath be bound to produce and fhew to the appraifers that fhall be appointed by the
ordinary for that purpofe, or any three or more of them, all and fingular the goods
and chattels of his, her, or their teftator or inteftate, as have or fhall come into his,
her or their, or either of their hands, poffeffion or knowledge, and within fixty days
after fuch his, her, or their qualification, fhall caufe to be made a true and juft ap-
pvaifement, upon oath, of all and fingular the goods and chattels aforefaid, and exhi-
bit, or caufe to be exhibited the faid appraifement, certified under the hands of any
three or more of the appraifers aforefaid, within four:}: months after fuch his, her, or
their qualification, together with a full and perfect inventory of all and fingular the
rights and credits of the faid teftator or inteftate, whether the fame be in ready money,
judgments, bonds, or other fpe-cialties, or notes of hand, together with a lift orfche*
dule
f Executors may be compelled to give fecurity — See acl: of 1792, No. 476, fe&. 1.
i Altered to three months by act of 1792, No. 476, fc£t. 2.
LAWS OF GEORGIA.
IOI
<lule of the books of account of fuch teftator, to which books all parties concerned
{hall, upon requeSt, and at convenient times, have free accefs ; and every fuch exe-
cutor and administrator fhall be, and they are hereby made chargeable with the real
value of the goods and chattels in the faid inventory contained, and with fo much of
the credits only as he, fhe or they, after due care and proper diligence, mall recover
and receive, in like manner as executors and adminiftrators are made chargeable by the
common and ftatute law of England.
II. And be it further enacJed, That no letters testamentary or of administration,
fhall be granted before the perfons applying for the fame do feverally and reflectively
take the following oath, ( mutatis mutandis ) You, A. B. (if executor) do fwear, that
you believe this to be the laft will of CD. deceafed; or you, A. B. (if an administra-
te *) do fwear, that C. D. deceafed, made no will, as far as you know and believe,
and that you will produce to fhew and inform the appraifers that fhall be appointed
by the ordinary, all and lingular the goods and chattels of the faid C. D. deceafed, as
already have, or fhall, before the day of making the appraifement, come into your
hands, pofTeffion or knowledge, and that you will well and truly administer all and
lingular the goods, chattels, rights and credits of the faid deceafed, and pay his
debts and legacies, as far as his eftate will extend, and the law charge you ; and
that you will make a true and perfect inventory of all the rights and credits of the
faid deceafed, whether the fame be in ready money, judgments, bonds, or other Spe-
cialties, or notes of hand, together with a Jilt or Schedule of the books of account
of fuch teftator and inteState perfon, and exhibit, or caufe to be exhibited, the
faid inventory and Schedule, together with the appraifement of the faid deceafed's
goods and chattels, certified under the hands of three or more of the appraifers
aforefaid, into the fecretary's office of this province, within the time prefcribed by
Jaw.
III. And ibhereas, a cuftom hath prevailed among executors and administrators,
of taking eftates, or fome part thereof, at the appraifement, when fuch appraife-
ment hath often been under the real value ; for prevention whereof for the future,
Be it enabled, That no executor or administrator fhall hereafter be permitted to take
any eftate, or any part thereof, at the appraifement, and that no appraifement to
be made as aforefaid fhall be binding or conclufive,f either upon the creditors, le-
gatees, next of kin, or other perfon interefted in fuch eftate, or upon the exe-
cutors or adminiftrators, but all and every fuch executor and administrator fhall be
chargeable and accountable for the true value of fuch eftate, any practice to the
contrary notwithstanding.
IV. And be it further enacted. That all intended fales of goods and chattels be-
longing to teftators or inteftates, fhall be publifhed in two or more public places in
the parifh where fuch effects are to be fold, and in the gazette, at leaft forty days
before the day of fuch intended fale.
V.
A. D. 1764
No. 114.
Made chargea
ble with all
goods and chat
tels inventoried
Oath of perfons
applying for
letters.
Executors and
adminiftrators
not allowed to
take eftates at
the appraife-
ment, but fhall
be accountable
for the true va-
lue thereof.
Sales of goods,
&c. how to be
publifhtd.
* The form of adminiftrator's oath is prefcribed by 6th feet, of the aclof 1792, No. 476.
-j See 2d fed., of act of 1792, No, 476, to like effect.
102
DIGEST OF THE
A. D. 1764.
No. 114.
Debtors ap-
pointed execu-
tors not to be
freed of any
debt, unlefs tx-
prefsly declared
in the tcilator's
will.
.Appraifcrsto be
• worn.
Their oath.
Bond and fecu-
rity to be given
by perfons ob-
taining letters
of adminiftra-
tion.
Principal credi-
tors not to ob-
tain letters but
in truil for the
reit.
Debts of equal
dignity to be
difcharged in a-
verage as far as
aifets.
Adminiftrator
to fue or em-
power fome
creditor to fue
for debts out-
standing.
Dividend of in-
teftates eftates
when to be
made.
V. And be it further enaBed, That in cafe any perfon in the province (hall here-
after happen by his will to appoint his debtor to be his executor, fuch appointment
fhall not, in law or equity, be conftrued or deemed to be a releaie or extinguishment
of any debt due to the teftator, unlefs the'teftator fhall in his will exprefsly declare
his ..intention to devife, bequeath, or releafe fuch debt, any law, ufage, or cuilom
to the contrary notwithstanding.
VI. And be it further enaBed> That no appraifers, that fhall hereafter: be appoint-
ed to appraife any teflator or inteltate's goods and chattels, (hall enter upon that office
before they (hall have taken the following oath, before one of his majefty's juftices
of the peace of this province, who is hereby empowered to adminifter the fame: You
A. B. C. I). E. F. do fwear, that you will make a juft and true appraifement of all
and lingular the goods and chattels (ready money only excepted) of G. H. deceafed,
as fhall be produced by 7. K. the executor or adminiftrator of the efiate of the faid Go .
H. deceafed, and that you will return the fame certified under your hands, unto the
faid Z K. executor or adminiftrator, within the time prefer ibed by law.,
VII. And be it further enaBedy That every perfon who fhall hereafter obtain
letters of adminiftration from the ordinary of this province, fhall give bond* in the
fecretary's office, with fufficient fecurity to be approved of by the ordinary, accord-
ing to the ftatute of the twenty-fecond and twenty-third years, of: King Charles the
fecond, for the better fettling of inteftates eftates..
VIII. And be it further enaBedy That no letters of adminiftration fhall hereafter
be granted by the ordinary of this province to any perfon or perfons whomfoever, as
principal creditor or creditors to any inteftate, but upon fpecial truft and confidence,
and for the benefit of all and lingular the reft of the creditors ; and that all debts f
of an equal nature fhall be difcharged by fuch adminiftrator or adminiftrators in ave-
rage and proportion, as far as the affets of the inteftate {hall extend, and that no
preference fhall be given among the creditors in equal degree ; and that every fuch
adminiftrator and adminiftrators fhall be obliged to fue for fuch debts which he ox>
they may reafonably expect to recover, or, at the requeft and proper charges of any
of the creditors of the inteftate, affign and empower them, or any of them, to fue
for the debts outftanding to the eftate of fuch inteftate, any law, ufage, or cuftom.
to the contrary notwithftanding.
IX. And) That no creditor or creditors, to be appointed adminiftrator or admi--
niftrators in truft, as herein before mentioned, may retain, in his or their hands the
monies he or they fhall receive by virtue of fuch adminiftration, longer than neceffa-
ry, Be it further enaBedy That every fuch adminiftrator or adminiftrators fhall, within
twelve % months after the death of his or their inteftate, or after his or their obtain-
ing adminiftration thereon, make a. dividend of the monies arifing from fuch intef-
tates
* See 8tk feet, of act of 1792, No. 476, prefcribing the form and manner of giving bond and fecurity. By .
the* 9th feet, fecurities may be releafed;. and by the 10th feet, letters of administration granted to a widow
may be revoked on her marriage.
f The nth feet, of act ot 1792, No. 47$, points out the order in which debts are to be paid. By the lath?
feet, notice is to be given to creditors.
i By the 13th feet, executors and adminiitrators are exempt from fuit during that time.
LAWS OF GEORGIA,
103
Executors and
adminiftmors
neglecling their
duty made
chargeable as
executors in
their own
wrong.
2 Black, com.
P- 5°'fr
tates eflates and effects, to and among the feveral creditors in like proportion as afore- A. D. 1764.
mentioned ; and in cafe fuch eftate and effects fhall not then be wholly divided, a fe- No. 114-
cond dividend thereof fhall be made within two years from the death of the inteftate,
which fecond dividend fhall be final, unlefs any fuit (hall be then depending, or any
part of the inteftate's eftate {landing out, or unlefs fome future eftate of the inteftate
fhall afterwards come to the hands of fuch adminiftrator or adminiftrators, in which
cafe he or they fhall, as foon as may be, convert fuch future eftate into money, and
fhall, within three months after, divide the fame, to which effe£l it fhall be inferted
in the condition of the bond to be given as aforementioned, on obtaining letters of
administration.
X. And be it further enacted, That every executor and adminiftrator who fhall
not, within the time aforefaid, or within fuch further or other reafonable time as
the ordinary fhall think fit to give, make and return into the fecretary's office afore-
faid fuch inventory and appraifement as is herein before directed to be made and re-
turned, and who mall make default in mentioning or inferting therein all or any of
the credits or effects of his, her, or their teftator or inteftate, as aforefaid, which came
into their hands to be adminiftered, every fuch executor and adminiftrator fhall be, and
they, and each of them, are hereby made chargeable with, and fubject to the pay-
ment of all and lingular the faid teftator's and inteftate's debts, legacies, and be-
quefts, in the fame manner as executors of their own wrong* are fubje£ted and
made chargeable by the common or ftatute law of England.
XL And be it further enac?ed, That it fhall and may be lawful to and for all and
every executor and f adminiftrator, guardian and truftee, for his, her, and their
care, trouble, and attendance, in the execution of their, or either of their feveral
duties and truft, to take, receive, or retain, in his or their hands, a fum not exceed-
ing fifty fhillings for every hundred pounds which he, fhe, or they {hall hereafter
receive, except on the appraifed value of any eftate that fhall come into their hands ;
and the like fum of fifty fhillings for every hundred pounds which he, fhe or they fhall
pay away in debts, legacies, or otherwife, (excepting alfo the delivering up any fuch
eftate to the perfon or perfons entitled to the fame, during the courfe and continua-
tion of their, or either of their management or adminiftration) and fo in proportion
for any fum lefs than one hundred pounds; Provided neverthelefs, That no execu- Provifo.
tors or adminiftrators, guardian, or truftee, fhall, where they have power fo to do,
for his, her, or their trouble, in letting out and lending any fum or fums of money
upon intereft, and again receiving the monies fo lent and let out, be entitled to re-
ceive, take, or retain any fum exceeding the fum of twenty fhillings for every ten
pounds for all fums arifing by monies let to intereft, fo to be by them ^received, and
in like proportion for a larger or lefler fum,; And provided alfoy That no executor,
adminiftrator, guardian, or truftee, who is or may be creditors of any teftator or
inteftate, or to whom is or may be left or bequeathed any fum or fums of money, or
other
* The 13th fe6t. explains the manner in which executors and adminiftrators in their own wrong are made
chargeable.
| By act of 1792, No. 476, feet. I, they are to account annually or forfeit commiffions, and liable to fuit
for damages.
Comn^iffions of
executors, <Scc.
104 DIGEST OF THE
A. D. 1764. other eftate or effects, {hall be entitled to any reward or commiffions for the payment
No. 114. or retaining to themfelves any fuch debts or legacies, any law, ufage, or cuftom to
the contrary notwithftanding.
XII. But, as it may be very difficult to afcertain the proper and adequate allow-
ance to be made in all cafes, and as the fums herein before allowed may not be fuf-
ficient compenfation for the care, trouble, and. pains which executors, administrators,
guardians, or truftees, may take in the management of their refpective trufts, in
Executors, &c. fome particular cafes, Be it further enabled. That if any executors, adminiftrators,
aclfon in the guardians, or truftees, who fhall have had extraordinary trouble in the management
general court, 0f the eftates under their care, and {hall not be fatisfied with the fums hereinbefore
for additional _ . •■. . - A ■ y
commiflions. mentioned, iucn executors, administrators, guardians, or trustees, mail and may
• .. be at liberty to bring an action in the general court of pleas for their fervices, and the
No verdid to verdict of the jury, and judgment of the court thereupon, {hall be final and conclu-
than ra?°r*«r **ive *n ^"uc^ ca^es » Provided always. That no verdict fhall be given for more than fifty
cent, over/ {hillings per cent, over and above the fums allowed by this act.
Commiflions XIII. And be it further enabled, That the commiffions given by this act fhall be
v'i!iedt0 C l~ divided amongft executors, adminiftrators, guardians, and truftees, according to
the proportion of the fervices by them refpectively performed, to be rated and fet-
tled by the chief juftice and two of the juftices of the general court of pleas, in cafe
the executors, adminiftrators, guardians, and truftees, cannot, agree amongft them-
felves concerning the fame.
XIV. And be it further enabled by the authority afdrefaid, That this act fhall be and
continue in force for the term of feven years, and from thence to the end of the next
feffions of aflembly, and no longer.*
LEWIS JOHNSON, Speaker.
JAMES HABERSHAM, PrefdenU
James Wright.
February 29, 1 764.
* Further continued by act of 1773, and to the end of the next feflion of the general affembly which was held-
in 1777 — further continued by acl: of that year, fee No. 236, and finally made perpetual by act of 1784,
No. 287.
h
No, 115. J[}1 At! for farther amending and explaining an acl, entitled " An acl for better reguht*
ing the market in the town of Savannah"
February 29, 1764.
Now under the diretlion of the corporation.
No. 116. ^ Acl for continuing fever al laws therein mentioned for regulating the militia; for the
better ordering and governing negroes and other faves ; for the empowering furveyors te
lay out public roads; for laying an impojl onfhipping; and to prevent horfef}ealitfg.
May 29.
Obfolete. 4*
LAWS OF GEORGIA. icy
An Acl to prevent the farther fpr ending of the f mall-pox in Savannah, and in other parts A. D. 1764.
of this province. No, 117.
May 20.
Olfohte.
An AH to prevent as much as may be the fpr ending of the f mull-pox in this province, jsr0. 11 S.-
December 7.
Obfokte.
A. 0.1765*
An Ac~l for the better fir engthening and fettling of this province by No. 119.
compelling the feveral perfons who claim to hold lands ivithin the
fame under any grant or grants from his majefy, vuitnejfed by the
governor of South Carolina, to bring or fend into this province a
number of white perfons or negroes in proportion to the lands they
, claim to hold, agreeable to his majefy* s royal infruclions for grant-
ing lands, and to cultivate and improve the fame ; and for the bet-
ter afcertaining the f aid feveral trails of land by regulating thefur-
veys and marking the lines thereof and recording the feveral plats
in the furvey or general* s office; alfo for regiflering and docketing
fuch grants in the other proper offices in this province**
"HEREAS fundry perfons hold or claim to hold great tracts and quantities Preamble.
of very valuable lands to the fouthward of the river Alatamaha within this
province by virtue of, or under grants from his majefty, witneffed by the governor
of South Carolina, on pretence that thofe lands were then in the faid province of
South Carolina.
And luhereas it will be highly prejudicial to this province, in cafe the faid grantees
do not bring or fend into the fame a number of white perfons, or negroes, in propor-
tion to the lands they hold, or claim to hold as aforefaid, agreeable to his majefty 's
royal infiructions for granting lands* in order to cultivate and improve the fame, or
other lands within this province. And whereas the furveys or pretended furveys of
the faid lands or the greatefl part thereof were made with fo much precipitation, that
from various informations received, it appears very few, if any, of the faid tracts
of land were actually furveyed or the lines run, and trees marked, agreeable to the
ufual and Handing inftructions in that particular, and which is abfolutely necefiary
for afcertaining the fame, by reafon whereof, not only great frauds and abufes may
be committed, as well with refpe& to his majefly's rights, as in diminution of the
O public
* Ghery. —Whether the royal afient was ever obtained to this a& ? See attorney general's reports to
coagrei's in 1796, p. 130.
to6 DIGEST OF THE
1
A. D. 1765. public or provincial tax, but alfo for want of the lines being actually run and marked,
No. 119. the taking up and improvement of the other lands contiguous to thofe granted iij
Carolina as aforefaid, is greatly obftrucled, for few or no lines appearing, and no
records or entry of the faid plats and grants being made in any of the offices in this
province, by which the fituation of the faid lands may in anywife be dlfcovered or
afcertained. The furveyor general and his deputies cannot know how or where to
execute or run out fuch warrants for furveying and laying out the contiguous lands,
as are now iffued by the governor of this province, to or for any perfon or perfons
duly qualified to obtain the fame ; Wherefore for remedy of all frauds, abufes, in-
Enadted. juries, and inconveniencies in and about the premifes, Be it entitled, That all and
South Carolina every perfon and perfons whatfoever, to whom any lands, now within this province,
fouth of the ri- nave Deen granted by any grant or grants from his majefly, witneffed by the governor
ver Aitamaha 0f South Carolina, or their heirs and affigns refpeclively, and all others whatfoever
how to be made .... , '. ■• ■• 111 1 ■ ■i- .-,'.■■ * • .
known, and in holding or claiming to hold any lands withm this province under fuch grants as
what manner to af0refaid, fhall, and do within fix months from and after his majefly's royal approba-
tion of this act, fhall be received by the governor or commander in chief of this pro-
vince for the time being or notified to him and publifhed in the gazette of this pro-
vince, appear before the faid governor or commander in chief in council, in their own
proper perfons, or by their attorney or attornies lawfully conftituted and appointed,
and fhall produce his, her and their grant or grants, for any lands fo held or claimed
to be held by him her or them as aforefaid, and if fuch grantee or grante.es or thofe
claiming under them fhall appear perfonally, then he fhe or they fhall make proof
upon oath, and in fuch other and further manner as may be required to the fatisfac-
tion of the faid governor or commander in chief and council, that he fhe or they re-
ipeclively, have within this province, a family of white perfons or negroes, amount-
ing in the whole to the number of one perfon for every fifty acres of land contained
in their refpective grant or grants (allowing an hundred acres for the mailer or head
of fuch family if he fhall become to fettle within this province) agreeable to his ma-
jefly's royal inllructions for granting lands to any of his fubje£ls in this province ;
and fhall alio prove upon oath and give fuch further fatisfa£tion and affurance to the
faid governor or commander in chief and council as they fliall require, that the ne-
groes fo brought into this province by him her or them arc brought bona fide with an
intention to fettle and improve the lands fo held or claimed to be held by him her or
them, or to cultivate and improve other lands within this province, and not with any
fraudulent or fecret intention of moving them or any of them back, or carrying them
or any of them out of the faid province again, after having obtained an admiffion
or allowance of his her or their qualification in fupport of the faid grant or grants to
and for the lands held or claimed to be held by him her or them reflectively.
f , . II. And be it further enaEledy That if fuch grantee or grantees, or any or either of
ing under fuch them, their heirs or affigns, or any other perfon or perfons whatfoever, holding
grantstoexhibit Qr ciaiming x.o hold any lands within this province, under fuch grants as aforefaid,
the governor, (hall appear by his or their attorney or attornies, that then and in fuch cafe every
thegrants.™ ^uc^ attorney or attornies, fhall and do not only produce the grant or grants of his and
their
LAWS OF GEORGIA. 107
•
their constituent or constituents, but alfo an affidavit made by fucli conitituent or A. D. 1765.
constituents respectively, in the form following, that is to fay : I A. B. of (inferting the No" I19^
perfons -name and place of abode) do folemnly and fincerely fwear in the prefence of vit
Almighty God, that I have fent into the province of Georgia (inferting the number)
flaves my own property, and that the faid (inferting the number) flaves are by me
bona fide intended to remain and be employed in the cultivation of lands or otherwife
in the faid province, and that I have not fent the faid negroes into that province with
a view or fecret intention to obtain an admiffion or allowance of my qualification (as
required by the act of affembly of the faid province in that cafe made and provided)
in fupport of my grant from his majefty, witneffed by the governor of South Caroli-
na, for (infert the quantity) acres of land to the fouthward of the river Alatamaha,
in the faid province of Georgia, and after having fo obtained fuch admiffion or allow-
ance of my qualification as aforefaid in fupport cf the faid grant, then fraudulently
to remove the faid negroes or any of them back again, or to carry or fend them or any
of them out of the faid province. So help me God, And which faid oath fhall be
made and taken by every fuch perfon and perfons as aforefaid, before the chief juftice
of the faiii province of South Carolina, for the time being, or one of the affiitant judges
in the faid province, and fhall be attefted by fuch judge and have a teftimonial under To have teftl-
the great feal of the faid province in the manner ufually done in cafes of affidavits, moaia-\ and
° ,rr- '..'., . great feal of S.
tranfmitted to be made ufe of as proof or evidence in other provinces and places: And Carolina an-
after being produced before the governor or commander in chief of this province in nexed«
council as aforefaid, the faid affidavit and affidavits fhall be lodged and remain with
the clerk of the council; and on all future occafions whatfoever fhall be deemed, held,
and allowed as legal evidence, either for or againft the faid party in all courts and
places whatever within this province ; and fuch attorney or attornies fhall alfo give
fuch further fatisfaction and affurances as the governor or commander in chief and
council fhall require : Provided neverthekfs. That where any of the faid grantees or prov;f0j
thofe claiming under them during the time allowed for producing his, her, or their Abfent graatee
grant or grants and performing the feveral other matters and things hereby required P 0V1 e
fhall be abfent from the faid province of South Carolina, in Great Britain or elfe-
v/here, that then fuch abfent perfon or perfons may be permitted to give proof of and
in the premifes aforefaid, under the mayoralty feal of any corporation, or if in any*
other province, then under the feal of fuch province, inftead of the oath hereby re-
quired to be made in, and produced under the feal of the province of South Carolina j
and in all other refpects to do and perform as is herein required of thofe who actu-
ally refide in South Carolina, a*d yet appear by attorney, any thing herein contained
to the contrary notwithftanding;-
III. And be it further enacl- sd, That upon the qualification of any fuch perfon or Qualifications
perfons as aforefaid for the WAds contained in any fuch grant or grants being admitted and grants
and allowed of by the {aid governor and commander in chief and council, all and vvilat t'ime to be
every fuch perfon and pei :ons fhall and do within three months from the time of recorded,
allowing and admitting fuch qualification record his, her or their plat or plats, in the
furveyor general's office, and register his or their grant or grants in the register's office
and
ic8 DIGEST OF THE
A. D. 1795. and alfo enter a docket thereof in the auditor's office in this province; and if any q£
No. 119. the faid grantees, their heirs or affigns or others claiming by, from, or under them
fhall refufe or negle£l either perfonally or by his, her or their attorney or attornies
as aforefaid, to produce his, her or their grant or grants, within the laid term of
fix months as aforefaid from and after his majefty's royal approbation of this act fhall
be received by the governor or commander in chief of this province for the time being,.
or notified to him and publifhed in the gazette of this province as aforefaid, or either
perfonally or by his, her or their attorney or attornies as aforefaid, to make proof and
give fuch affurance as aforefaid, to the fatisfa£tion of the faid governor or commander
in chief and council as aforefaid, with refpe£t to their qualification, to have and to
hold the lands refpeclively claimed by them as aforefaid, and to cultivate and improve
the fame or other lands within this province, or_to record their plat or plats, or to
regifter and docket their grant or grants after his, her or their claim or qualification,
allowed as aforefaid within the time limited as aforefaid for that purpofe ; that then
All grants' de- hi any or either of the faid cafes of refufal or negle£l to do any or either of the
dared void on matters and things herein and hereby required the faid grant and grants fhall be null
ply with this and void, and the faid lands fo held or claimed to be held by fuch perfou or perfons
fct' and . the refpeclively is hereby exprefsly 'declared to be forfeited to and revefted in his ma-
jefty, his heirs and fucceffors, and fhall from thenceforth be deemed held and taken
to ail intents and purpofes as vacant land, and it fhall and may be lawful to and for the
governor or commander in chief of this province for the time being with the advice
of the council to order warrants for furveying and to proceed to grant the fame to
any perfon or perfons whatfoever purfuant to his majefty's royal commiffion and in-
ftmciions for that purpofe.
Lands not ao IV. And be it further enabled, That if on producing the faid grants or any or either
tually or pro- 0f {^qx^ it {]-jai] appear by the plots annexed to the fame and certified by the furveyor
pcilv furvcvccl
to be re'.furvcy- general of South Carolina that the faid lands have not been actually furveyedand ad-
ed> rneafured the lines and trees thereon not being fet down and marked according to the
direction of the ufual and {landing inftruclions given for furveying and admeafuring
lands and for marking the lines and returning the plats thereof, or if the faid gover^
nor or commander in chief and council fhall have any other caufe orreafonto believe
the faid lands have not been actually admeafured as aforefaid or that any abufe has been
committed in the furveying and admeafuring the fame, that then and in either and
every fuch cafe before the faid grants are regiftered and dockettedin the offices afore-
faid, it fhall and may be lawful for the governor or commander in chief in council to
order the faid lands to be re-furveyed, and every fuch tra£l of land fhall within fix
months thereafter be accordingly re-furveyed by the furveyor general of this province
or fuch perfon or perfons as he fhall appoint at the expenee, eofts and charges of the
refpe&ive grantees or thofe claiming to hold under them, fo that the fituation and
quantity of land fpecified in fuch grant may be known and afcertained, and that all
frauds and abufes and other inconveniencies may be prevented.
In cafe of failure V. And it is hereby further enacted and declared, That if any perfon or perfons
to re-furvey,^ wh0fe pjat or p]ats annexed to his, her or their grant or grants fhall appear irregular
void. arid1
LAWS OF GEORGIA. ic9
and defective as aforefaid, or who fhall for any other caufe or reafon by order of A. D. 1765-
the governor or commander in chief in council, be directed to get the lands they No- 119.
claim to hold re-furveyed as aforefaid, fhall refufe, neglect, or delay to caufe and
procure fuch re-furvey to be made and returned into the faid furveyor general's
office within the time limited as aforefaid for that purpofe, that then and in every
fuch cafe the faid grant and grants for the lands fo held or claimed to be held by
fuch grantee or grantees refpeclively, and all others claiming to hold by, from, or
under them fhall be null and void, and the lands fo held or claimed to be held by
fuch perfon or perfons refpeclively, is hereby exprefsly declared to be forfeited to
and re-vefted in his majefty, his heirs and fucceffors, and fhall from thenceforth
be deemed, held and taken to all intents and purpofes as vacant land; and it fhall
and may be lawful to and for the governor or commander in chief for the time
being, with the advice of the council, to order warrants for furveying, and to pro- And the lands
ceed to grant the fame to any perfon or perfons whatfoever, purfuant to his majefty's ~gted.
royal comrriiffion and inftructions for that purpofe.*
JAMES HABERSHAM, Prefident.
ALEXANDER WYLLY, Speaker.
James Wright.
March 25, 1765.
* See act of 1773, No. ilj, enforcing the payment of taxe» on the lands mentioned in this act.
An AB for building a fort and barracks within the fame, on lands rcferved for the ufe of No. 120.
the public near the teiun of Augufia, in the pariflj of Saint Paul ; a guard houfe in
Savannah, and repairing the barracks in the fort in the tonvn of Frederics on the
if and of St. Simon; and for granting to his majefy the fum of£6$ojler!ing to defray
the expence of the fame ; a If o for empowering cwimiffioners to ijfm certificates for the
faid purpofes.
March 25.
Qbfolete>
■—— — — - .
An Acl to amend" An acl, to prevent perfons throvuing ballaft or rub- No. nt,
bi/h9 or falling trees into the rivers and navigable creeks ivithin
this province^ and for keeping clear the channels of the fame" \
WHEREAS in and by an act paiTed in the fecond feffion of the fourth gene- Preamble.
ral aflembly of this province, entitled if An act to prevent perfons throw-
ing ballaft or rubbifh or falling trees into the rivers and navigable creeks within this
province and for keeping clear the channels of the fame," It is therein and thereby Ballaft, rubbifh,
ensiled, That if at any time from and after the pafllng the faid act, any mafter or Jj^S^JS
owner or any perfon acting as mailer or owner of any fhip or other vefFel whatfoever vers or creeks
/iiui how to be re-
fcalL moved.
f See act of 1774, No. 230, feet. 5-.
no DIGEST OF THE
A. D. J 765. (hall caft, throw out or unlade, or if at any time from and after the time aforefaid,
No. i2f. there fhall be caft, thrown out or unladed from, or out of any fhip or other veffel
whatfoever being or riding within any port, road, channel, river or navigable creek
within this province, any ballaft, rubbifh, gravel, earth, ftone, or wreck, but
above high water mark (except the fame be thrown out for the purpofe only of
filling up where wharves may be erected under the banks or bluffs of fuch river or
navigable creek) it fliall and be lawful for any one or more juftice or juftices of the
peace for the parifh or diftrict where or near which fuch offence fhall be committed,
upon information made on oath thereof, and he or they are thereby authorized and
required to fummon or iffue out his or their warrant or warrants to apprehend or
bring before him or them the mafter or mafters, owner or owners of any fuch fhip
or other veffel, or other perfon or perfons acting as fuch againft whom fuch com-
plaint or information mail be made or given, and upon his or their appearance or
making default in appearing to proceed to examine the matters of fact, and upon
due proof made either by confeffion of the party offending, or on view of fuch
juftice or juftices, or upon the oath or oaths of one or more witnefs or witneffes
(which oath or oaths the faid juftice or juftices are hereby required to adminifter)
th?.t any ballaft, rubbifh, earth, gravel, (tone or wreck, hath been caft, unladen or
thrown out of or from any fhip or other veffel, the mafter or mafters, or perfon or
perfons acting as matter or mafters thereof fhall be adjudged, and he and they are
hereby refpettively declared to be the offenders againft the faid act, and he and
they being by fuch juftice or juftices (or by any of the ways or means aforefaid)
Penalty not ex~ thereof convicted, fliall forfeit and pay for every fuch offence, any fum not exceed-
perfonf off- n d" mg eight pounds, at the difcretion of fuch juftice or juftices, the one moiety thereof
ing. to the informer, and the other moiety thereof to his majefty for the fupport of the
. , - poor of the parifh, wherein fuch conviction fhall be pronounced. And whereas the
ing inefficient fine of eight pounds in and by the faid adt impofed andfet, is found greatly deficient
for preventing the evil thereby intended to be prevented ;
They are de- I. Be it therefore enacled, That from and after the paffing of this act, if any mafter
claredfubject to OWner or any perfon acting as mafter or owner of any fhip or other veffel whatfo-
forfciture not ' r 0 _ ' r
<rxceediiig£3oc ever, fliall caft, throw out, or unlade, or if there fliall be caft, thrown out, or unladen
from or out of any fhip or other veffel, being or riding within any port, road, channel,
river, or other navigable creeks within this province any ballaft, rubbifh, gravel, earth,
ftone or wreck, but above high- water mark (except as in the faid act is excepted)
every mafter or owner, or any perfon acting as fuch as aforefaid, fhall be deemed
the offenders, and fhall forfeit and pay for every fuch offence, a fum not exceeding
three hundred pounds fterling, to be recovered and applied as herein after directed.*
Chief juftice or H. And for the more fpeedy determination of offences againft this act, Be it encSred
affiftant juftices £,, tj3e authority aforefaid. That information on oath being made of fuch offence before
to take cogni- ■* .
zance of offen- the chief juftice, or one of the affiftant juftices of the general court of pleas of this
c« againft this province ; the faid chief juftice and juftices, or any or either of them are hereby re-
quired and directed, forthwith to iffue his or their warrant to apprehend the offender
or
See act of 1774, No, 230, feet. 4.
LAWS OF GEORGIA. in
or offenders, and oblige him or them to find fufficient fureties for their appearance at A. D. 1765,.
the court to beholden for that purpofe, and to abide the judgment thereof ; and in No* IZI<
cafe fuch offender or offenders fhall neglect or refufe to find fuch fecurity, it fhall
and may be lawful to and for the faid chief juftice and affiftant juftices, or any or
either of them, to commit fuch offender or offenders to the common gaol of Savan-
nah, until the determination thereof; and the faid chief juftice and juftices, or any
or either of them are hereby required and directed to order and appoint a court to
be held within feven days after fuch information made for the trial of the nfatter of
fact, and to proceed therein agreeable to an act of the general affembly, entitled " An
act for holding fpccial or extraordinary courts of common pleas for the trial of caufes
arifing between merchants, dealers and others, and (hip mailers, fupercargoes, and
other tranfient perfons."
III. And be it enabled by the authority afore/aid, That if any offence fhall be com- when cogniza-
mitted againft this act in any part of this province, where information thereof can- bleby juftices of
not fpeedily be made to the chief or affiftant juftices of the general court, it fhall and how far. '
may be lawful for any juftice of the peace in the parifh wherein the offence fhall be
committed to receive fuch information on oath, and to bind over the offender or
offenders, and the informer or informers with fufficient fecurities to appear as afore-
faid, and the faid juftice is hereby required to tranfmit fuch information immedi-
ately to the chief or affiftant juftices who are hereby required to proceed in the fame
manner as if the fame had been made before him or them.
IV. And be it further enabled by the authority aforefaid, That all forfeitures incurr- Forfeitures How
ed by virtue of this act, fhall be one moiety thereof to the informer and the other dPP"cd*
moiety thereof to his majefty for the ufe of this province, to be paid into the hands
of the treafurer of the province, and to be applied for clearing, and keeping clear
the rivers and creeks, within the fame.*
ALEXANDER WYLLY, Speaker.
JAMES HABERSHAM, Ptejdentv
James Wright.
March 25, 1765.
* This adf. is perpetuated by ail of 1783, No. 279.
An additional Act to an atl entitled " An acl tofupprefs lotteries^ and No. 1^.
prevent other excejji've and deceitful gaming?'
WHEREAS it hath been found by experience that the above mentioned act Preamble,
hath not altogether anfwered the feveral good ends and purpofee thereby
intended, Be it therefore enabled^ That from and after the paffingof this act, any per- Enacled.
fon or perfons whofoever, who at any time or times, fitting or fittings within the Money loft at
fpace of twenty-four hours, by playing at card's, dice, tables, or any other game or ^'ovefe^back6
games, or by betting on the fides or hands of fuch as do pray at any of the games
aforefaid, or any game whatever, (hall lofe to any one or more perfon or perfons fo
112
DIGEST OF THE
A. D. 1765.
No. I2Z.
by the perfon
Liflng, within
fix months.
Not exceeding
£8 by warrant
of juftice of
peace.
Above that fum
by atfion in the
general court.
After fix months
any otherperfon
may fue lor the
faaie.
When recover-
ed how applied,
Sellers of fpiri-
tous liquors not
tofuffergaming
in their houfes,
&c.
playing or betting in the whole the fum or value of five fhillings lawful money of this
province, and (hall pay or deliver the fame or any part thereof; the perfon or perfons
fo lofing and paying or delivering the fame, -{hall be at liberty at any time within fix
months then next following hnd not after to fue for and recover the monies or goods
fo loft and paid or delivered or any part thereof from the refpective winner or winners
thereof with coils by a warrant from a juftice of the peace, in nature of a warrant for
debt, founded on this ait, in cafe the monies or effects fo loft and paid or delivered,
fhall not exceed the value of eight * pounds lawful money of this province, and in
cafe the monies or goods fo loft, and paid or delivered (hall exceed that fum, the
lofer fhall and may recover the fame from the winner or winners with cofts by action
of debt founded on this act, to be profecuted in his majefty's general court of pleas in
this province, to which action or fuit, no effoign, profecution, wager of law, privi-
lege, or more than one imparlance fhall be allowed, and in which action or fait it fhall
be fufficient for the plaintiff to alledge that the defendant or defendants are indebted to
him, or received to the plaintiff's ufe the monies or effects fo loft and paid, or con-
verted the monies or effects fo won of the plaintiff to the defendant's ufe, whereby the
plaintiff's action accrued to him according to the form of this act, without fetting
forth any fpecial matter, and in cafe the perfon or perfons, who fhall lofe fuch money
or effects as aforefaid, fhall not within the time prefcribed, really and bona fide fue
and with effect profecute for the moi>ies or effects fo by him or them loft and paid or
delivered as aforefaid it fhall and may be lawful to and for any perfon or perfons by any
fuch act ion or fuit as aforefaid to fue for and recover the fame with full cofts of fuit
againft fuch winner or winners as aforefaid, uniefs fuch winner or winners within ten
days after the winning fuch money or effects fhall re-pay or re-deliver to the lofer fuch
money or effects fo won and received as aforefaid, together with fuch cofts of fuit as
may have accrued before the re-payment or re-delivery of fuch money or effects, the
one moiety of the money or effects fo recovered, fhall be to the ufe of the perfon or
perfons (other than the perfon lofing) who fhall fue for them, and the other moiety
to the ufe of the poor of the parifh where the offence fhall be committed, any thing
in the herein before mentioned law to the contrary thereof in any wife notwith-
ftanding.
II. And he it further eaacled, That from and after the paffing of this act, if any
perfon or perfons licenfed to fell any forts of fpiritous liquors or who fhall fell or
fuffer the fame to be fold in his, her, or their houfe or houfes, or in any out houfes,
ground or apartments thereunto belonging fhall knowingly fuffer any gaming with
cards, dice, draughts, fhuffle-boards, billiard-tables, (kittles, ninepins, or at or with
any other games or implements of gaming, in his, her, or their houfes, or out houfes,
grounds or apartments thereunto belonging, by any apprentice, overfeers, journeymen,
laborers, or fervants, or any other perfon or perfons whatfoever, and fhall be convic-
ted of the faid offence on their own confeffion or on the oath of one or more creditable
witnefs or witneffes (exclufive of the perfon giving information thereof) before any
juftice or juftices of the peace of the parifh or place where the offence fhall be com-
mitted
Juftices jurifdiclion now limited to thirty dollars, fee a& of 1797, No. 582.
LAWS OF GEORGIA. 113
within thirty days after fuch offence, he, fhe, or they fo offending fhall forfeit for A. D. 1765.
the firft offence the fum of five pounds lawful money of this province, and for No< »*2-
every like offence, he, fhe, or they fhall be afterwards coiryifted of, the fum of SubJf & £> F-
ten pounds to be levied by diftrefs and fale of the offender's goods by warrant from fo doing," and
the iuftice or juftices before whom fuch offender or offenders fhall be- convicted, *-Jf°
one moiety of which faid forfeitures fhall be paid to the church-wardens and veftry How recovered
of the parifh or place where the offence fhall be committed for the ufe of the poor a"d,t0 be ap°'
there, and the other moiety thereof to the perfon or perfons on whofe information .
fuch offender or offenders fhall be convicted, and for want of fufficient diftrefs, it
fhall' and may be lawful for fuch jiiftice or juftices to commit fuch offender or offen-
ders to prifon, not exceeding thirty days, or until the money fo forfeited fhallbe
paid, any thing in the herein before mentioned law to the contrary thereof in any-
wife notwithftanding.
III. And be it further enabled, That this acl: fhal). be deemed a public aft, and '-Public aftv
fhall be held and taken as fuch by all judges, juftices and magistrates, and in all
courts within this province without fpecially pleading the fame.
IV. And he it further enabled, That this acl: fhall continue and be in force for and'
during the term of fix years, and from thence to the end of the next feflion of the
general affembly, and no longer.*
ALEXANDER WYLLY, Speaker.
JAMES HABERSHAM, Prefidenl.
James Wrtgiit.
March 25, I765.
* Further continued by ad of 1773 for one year, and to the end of the*, next- feffion. of tire general affembly,
which was held in 1777, further continued by act of that year, fee No. 236; and finally made, perpetual by
ajft of 1784, No. 2S7.
An Acl to- amend an act, entitled tf An aEt to prevent as much' as may be- the fpreading No. 125.
of the fmall-pcx in this province ."
March 25.
Olfolete,
An At! for the better ordering and governing negroes and other faves in this province^. No.-' 154,
and to prevent the inveigling or carrying away Jlaves from their wafers or employers.
March 25.
This a8 gave place to at! of 1770, No. 204.
An A B for granting to his majefy a duty on the fundry articles therein mentioned, that nq„ ,«-.,
fhall hereafter be imported from any of his majeffs colonies to the northward of the pro-
vince of South Carolina, and for appropriating the money arifing therefrom in aid of
the general tax.
March 25,
Obfohte, K An
1 14
DIGEST OF THE
A. D. 1765. An Acl to extend and enforce the authority of the fever al laws there-
in mentioned to and throughout the territory lately annexed to this
province ; for dividing the fame into pari/hes, and for adding the
ifland of Jekyl to the parifh of Saint James.
By proclama-
tion or' 1763,
and comrmifion
to the governor
in 1764 (which
fee in the cp-
pendix)therraj<5r,
of land between
the rivers Ala-
tamaha and St.
Mary is annex-
ed to this pro-
vince.
Certain laws
declared to be
in full force
throughout the
fame, including
all iflands with-
in 20 leagues of
the coafl.
The fiid lands
divided into pa-
rities.
Parifh cf Saint
David.
Saint Patrick.
Saint Thomas.
Saint Mary.
Ifland of Jekyl
added to the pa-
rifliefSt.Jamej.
XHEREAS his majefty by his proclamation of the feventh of October in the
year of cur Lord one thoufand feven hundred and fixty-three, and alfo by
his late royal commiflion to his excellency the governor, bearing date the twentieth
day of January, one thoufand feven hundred and fixty four, was gracioufly pleafed \
to annex to this province all that fpace or tra£t of land lying and fituate between the >
river Alatamaha, and the fouthernmoft ftream of the river Saint Maryj And whereas
difputes and difficulties may arife touching the prefent validity of the laws of this
province within the faid annexed territory: Be it enacted, That from and after the
palling of this acl, all the laws herein after mentioned and particularized, [Many of
which being obfolete, and others Jince atled on by the legifature, it is deemed unneceffary to
recite them) (hall extend to, and be in as full force, power and effect, in, over and
throughout the lands lying and being between the fouth fide of the river Alatamaha,
and the moft fouthern ftream of the river Saint Mary, including all iflands within
twenty leagues of the coaft, to all- intents, conftruevtions and purpofes whatsoever, as
if the faid annexed territory had been a part of this province at the time of making
and paffing the fame, any thing to the contrary in anywife notwithstanding.
II. And whereas it may be neceiTary for the convenience of the inhabitants, that
the lands aforefaid fhould be divided into pariihes, Be it further enabled by the autho-
rity afore/aid, That all that fpace or tra£t of land lying and being between the river
Alatamaha, and the north branch of Turtle river, and from the head of the faid lad
mentioned river in a north weft line, fhall be and forever continue a parifh by the
name of the parifh of Saint David ; and from the north branch of Turtle river to the
fouthern branch of the river Little Sittille, and from the head of the faid river Little
Sittille, in a north weft line, fhali be and forever continue a parifh by the name of
the parifh of Saint Patrick ; and from the fouthern branch of the river Little Sittille,
to the fouthern branch of the river Great Sittille, fhali be and forever continue a
parifh by the name of the parifh of Saint Thomas; and from the fouthern branch of
the river Great Sittille to the fouthern branch of the river Saint Mary, and from the
head of the faid river Saint Mary in a due weft line, including all the iflands within
the faid boundary, fhall be and forever continue a parifh by the name of the parifh
cf Saint Alary.
III. And be it further enabled by the authority aforefaid, That the ifland of Jekyl fhall
from henceforth be and forever continue a part of the parifh of Saint James.
ALEXANDER WYLLY, Speaker.
JAMES HABERSHAM, Prefdent,
James Wright.
March 25, 1765.
An
LAWS OF GEORGIA. 115
Jb% additional Ac? to an~a&, entitled " An aB for the better regulating taverns » punch A. D. 1765,
houfes, and retailers <f fpiriious liquors " No. 127.
March 25, tj6$.
Repealed by aft of 1 791, No. 459.
An Atl to empower commiffioners to leafe or let for a certain term of years the lot of land No. t&3,
commonly called the Spring near Savannah, and to rent the building in Savannah
commonly called the Watch Houfe, and to appropriate the monies arifing therefrom,
March 25*
An AB to amend an acl> entitled " An atl to prevent private perfons from purchafng No. 129.
lands from the Indians, and for preventing perfons trading with them without licenfe."
March 25.
Trade with Indians is now under the direElian of the general government* See fed. conjlitutioiu
An ordinance for appointing Francis Lee, Efqitire, comptroller and colletlor of the country No. ijb.
duties at the port of Sunbury ; and for appointing Daniel Nunes, waiter,. Jor the port
of Savannah in this province.
March 25.
Obfolete,
An Act for the better ordering the militia of this province,, ¥.0. 131.
March 25.
Obfokte.
An Atl for raifng a fund by an impojl on pipping to defray the expence of keeping in j^0; j,a>
repair, or re-building the light houfe and pilot houfe on-. Tybee iflatid^
March 25.
Obfolete.
* An AB to continue fever al acls of the general ajfembly therein men- no. 13;..
tioned -} to prevent maflers of vefj'eh from carrying off perfons in debt;
to continue the fever al road acls ; and an act to prevent flea ling of
horfes and neat cattle.
WHEREAS feveral ufeful and necefiary laws of this province are near expir- A& to prevent
ing, Be it enabled, That an acl, entitled, An aft to prevent matters of ^"wrfng
veffels from carrying off perfons in debt from this province, palled the twenty- off perfons in:
- . -"• 1, debt, paffed
feventh a7th ^arch>,
* The feveral acls herein referred to have either expired, been repealed, or. re-enacted.
nU DIGEST OF THE
A. D. 1765. feventh day of March, one thoufand feven hundred and fifty-nine, which was to be
No, 133. in force for two years from the paffing thereof, and which was amended and further
A<a to amend continued by an act, entitled, an act to amend an act, entitled, an act to prevent
raid a&. mailers of veflels from carrying ofFperfons in debt from this province which was to
continue and be in force for the term of three years from the paffing thereof, and
from thence. to the end of the then next feffion of the general affembly, and which
was further continued by an act pafled the twenty-ninth day of February, one thou-
fand feven hundred and fixty-four, to the firft day of November, one thoufand feven
hundred and fixty-four, and from thence to the end of the then next feffion of the
general aflembly ; which faid act and amendments fhall be and the fame are further
continued from the expiration thereof until the firft day of November, one thoufand
Further conti- feven hundred and feventy ; and from thence to the end of the next feffion of the
nued until lit . '
!Nov. 1770. general aflembly, and no longer.
Act to empower H» And be it further enacted by the authority afore/aid. That an act, entitled " An
furveyors to lay a£|- t0 empower -the furveyors therein named, to lay out public roads in the province
paired 7th ' of Georgia," pafled the feventh day of March, one thoufand feven hundred and fifty-
March, 1755. fivej which was to continue for two years from the paffing thereof, and from thence
to the end of the then next feffion of the general aflembly ; and by an act pafled the
third day of February, one thoufand feven hundred and fifty-feven, entitled " An
att for explaining and amending an act to empower the feveral furveyors therein
named to lay out public roads," which was further continued for two years from
the paffing the laft mentioned act, and from thence to the end of the then 'next fef-
fion of the general aflembly ; and by an act pafled the twenty-feventh day of March,
one thoufand feven hundred and fifty-nine, with the alterations and amendments by
the faid act made, was further continued until the feventh day cf March, one thou-
fand feven hundred and fixty-four, and from thence to the end of the then next fef-
fion of the general aflembly, and which, together with the feveral alterations and
amendments thereof, was by another act, pafled the twenty-ninth day of May, one
thoufand feven hundred and fixty-four, and continued to the firft day of January,
one thoufand feven hundred and fixty-five, and from thence to the end of the then
next feffion of the general affembly fhall be, and the fame is hereby continue-d from
the expiration thereof until the firft day of November, one thoufand feven hundred
nued until ill and fixty-five, and from thence to the end of the next feffion of the general aflembly,
Nov. 1765. and no longer.
A<5t to prevent III. And be it further enabled by the authority afore/aid, That an act, entitled " An
ftcaimgoi hor- q. t prevent: ftealinp- of horfes and neat cattle, and for the more effectual difcovery
les and neat r o . » •
cattle, paffed and punifhmeilt of fuch perfons as fhall unlawfully brand, mark or kill the fame,"
jll ; ' pafled the twenty-feventh day of March, one thoufand feven hundred and fifty-nine,
which was to continue and be in force for five years, and from thence to the end of
the then next feffion of the general affembly, and which was further continued by an
act paffed the twenty-ninth day of May, one thoufand feven hundred and fixty-four,
to the firft day of January, one thoufand feven hundred and fixty-five, and from
thence to the end of the then next feffion of the general affembly, fhall be, and the
fame
*
LAWS OF GEORGIA. 117
fame is hereby further continued to the firft day of November one thoufand feven No. 133.
hundred and fixty-five, and from thence to the end of the next feflion of the general Further conti-
affembly, and no longer. gg %'^i *
ALEXANDER WYLLY, Speaker.
JAMES HABERSHAM, Preftdent.
James Wright.
M*rch 25, 1765.
An AFt for granting to his majejly the fum of £1599 7 1* flerlingfor the ufe atidfup- No. 134,
port of the government of Georgia for the year 1765, to be raijed at certain rates and
after the method therein mentioned) and for the more effeclual colhcling of arrears.
March 25.
Obfolete.
An Ac! to prevent frauds and abufes in the admeafuring and laying No. i3j.
out his majejly's lands in this province.
WHEREAS frauds and abufes have been committed in admeafuring and lay- Preamble,
ing out his majefty's lands in this province owing to the praftice of bear-
ing the chain by negroes and by white perfons not fworn to the faithful performance
of that fervice, on the feveral furveys which the deputy furveyors are employed in,
whereby it often happens that the quantity of land directed to belaid out by the war-
rant of furvey, doth in the field far exceed the number of acres reprefented by the
plat returned to be annexed to the grant of fuch land, and tends to defraud the pub-
he of the taxes and his majetty of his quit-rents, on the furplus meafure of fuch
incorrect and unjuft furveys, which abufe, in many inftances, is not in the power of
the furveyor general, or his deputies, timely to dete& : To prevent therefore the
like injurious practices for the future, and for the better enabling all furveyors to be
exaft in their furveys, Be it enaBed, That after two months from the paffing of this Enaded.
aft, no furveyor fhall make any furvey of his majefty's lands without chain carriers, Chain carriers
fworn to meafure juftly and exaftly, according'to the beft of their knowledge, and j? be fworn b*
to deliver their accounts thereof truly to the furveyor, which oath, every furveyor in ^^^
the feveral divifions and parifhes of this province is hereby empowered and required
to adminifter accordingly.
II. And be it further enaBed, That all deputy furveyors already appointed fhall n ,
within two months from the paffing of this aft take the following oath before the go- orTte iZ?n.
vernor or commander in chief for the time being j and all deputy furveyors that may
hereafter be appointed, fhall in like manner take the fame oath, before he enters on
tne execution of his office, vrz. « I A. B. do folemnly and fincerely fvrear in the T, . ,
* prefence of Almighty God, that I will according to the beft of my {kill and know-
Jedge, well and faithfully execute the office of a deputy furveyor, and that 1
" will
n8 DIGEST OF THE
A. D. 1765. " will not wittingly or willingly affent to, connive at, permit or fuffer any fraud Qfr
No. 135. « abufe in admeafuring or laying out lands for any pcrfon or perfons whomfoever,
" and that I will not poftpone executing any warrant, or give undue preference unto
<{ any perfon or perfons on any account whatfoever, and will in all refpetts, well
" and truly obferve and follow the feveral instructions given me from time to time
i( by his majefty's furveyor general. So help me God."
To give bond HI. And be it further enaffed, That every deputy furveyor before he enters upon
h jCCunty for the execution of his office, fhall give bond to his majefty with one or more approved
dan of their of- fecurities in the penalty of two hundred pounds fterling, for the faithful and honed
of^nlveyor^" performance of his office and for the due obfervance of the inftructions given him by
neral's inftruc- the furveyor general, which inftructions fhall. be recorded by the faid deputy fur-»
corded in fecre- veyors m the fecretary's office of this province within thirty days after receiving
tary's office. the fame.
Deputy furvey- IV". And be it further enaSledy That where any undue or fraudulent furvey of lands
dulent "fg raU" ma^ ^e raa(^-e> D7 any deputy furveyor, fuch deputy furveyor for every fuch offence,
to forfeit £ ico. upon due proof thereof upon oath, by one or more creditable witnefs or witnefTes,
fhall forfeit and pay a fum not exceeding one hundred pounds lleding, to be fued
for and recovered with full cofts of fuit, in the general court of pleas of this province,
by action of debt, bill, plaint, or information, wherein no wager of law, privilege
or protection, fhall be allowed, or any more than one imparlance, which penalty fo
How applied, to be recovered, fhall be one moiety to the perfon who fhall make information thereof:
and fue for the fame, and the other moiety to the party or parties aggrieved*.
V. And be it further enaBedy That this act fhall be and continue in force for and
during the term of three years, and from thence to the end of the next feffiou of the
general afTembly, and no longer.*
ALEXANDER WYLLY, Speaker,
JAMES HABERSHAM, Preftdent,
James Wright.
March 25, 1765.
* Further continued by aft of 1768, by act of 1 770, by afl of 1773 for one year and till the end of the next
iiffembly which was held in 1777, and further continued by ad of that year, fee No. 236; being in force in the
year 1776, the fame is made perpetual by act of 1784, No. 387.
No. 136. An ordinance appointing William KnoXy Efquire, agent tofolicit the affairs ef this pro-
vince in Great Britain.
March 25.
Qbfohte,
An
A
J
LAWS OF GEORGIA.
119
*An A ft for the ejlahlifhing and regulating patrols, and from prevent- A- D- ll^S>
ing any pe'rfon from pur chafing provi/ions or any other commodities
from, or felling fuch to any Jlave9 unlefs fuch flave fh all produce
a ticket from his or her oivner, manager or employer.
"^"IT T"HEREAS it is abfolutely necefTary for the fecurity of his majefcy's fubjects
^^ of this province, and for preventing the many dangers and inconveniencies
that may arife from the diforderly and unlawful meetings of negroes and other Haves,
within the fame, that patrols fhould be eftablifhed under proper regulations in fuch
part of the province where -the militia is formed and fettled. And whereas, it is alfo
proper to prevent dealing and trafficking with Haves, Be it therefore enaEled, That im-
mediately from and after the paffing of this act, every captain or commanding officer
of a company of foot militia throughout this province, is hereby authorized, empow-
ered and required, feverally and refpectively, to fummons together his inferior offi-
cers, if any fuch there be, and they fhall in concert fubdivide, diftinguHh his com-
pany diftrict into as many other convenient patrol divifions as they fhall think molt
proper and confident with the extent and fituation of their general company diftrict,
and fo as the riding over any fuch patrol divifion may not exceed twelve miles in extent;
which faid fubdivided divifion, feverally and refpectively, fhall thenceforth be the
patrol divifions, unlefs the fame fhall be thought neceffary to be altered by the officers
aforefaid ; and wherein the owners of fettled plantations, as well as the other inha-
bitants of any fuch patrol divifion, as well as alarm-men as others of horfe and foot,
between the age of fixteen and fixty years, fhall be fubjecr, to the patrol duty of that
divifion, and fhall, either by themfelves in perfon, or by others employed for that
purpofe, do their patrol duty regularly and fucceffively, according to the true intent
and meaning of this a£t : And in cafe any captain or commanding officer fhall omit
or fail to fubdivide and diftinguifh his company diftrict in manner herein before en-
joined, or afterwards at any muftcr day* or within five days after fuch mufter day,
fhall neglect to prick off the feveral patrols as is herein after directed, that then every
fuch captain or commanding officer fo failing, fhall refpectively be fubjecl: to, and
pay the penalty of five pounds fterling, to be recovered by warrant of diftrefs, under
the hand and feal of any juftice of the peace of the parifh where fuch offence fhali
be committed, and fale of the offender's goods ; and which fum fhall be paid to the
commiffioners of the roads within fuch parifh, and be by them applied towards re-
pairing the bridges and caufeways within the fame : And that the owners of fettled
plantations and inhabitants within each company diftrict may the better know to what
. patrol divifion they feverally belong, the captains and commanding officers as aforefaid
fhall, within ten days after making out the fame, caufe copies thereof, figned by them,
to be affixed at the church and meeting houfe doors, or other public places in their
feveral diftricts, and fhall caufe another copy thereof to be entered in a book by the
clerk
Preamble.
Enacted.
Captains of foot
militia to fubdi-
vide company
difiri<51s into
patrol divifion*
not exceeding
twelve miles-.-
patrol duty.
Captains or
commanding
officers failing
to makefuch di-
vifions, or to
prick off the fe-
veral patrols,
fubject to pen
naltyof £5.
To be paid to
commiffioners
of roads, and
how applied.
Certified copies
of patrol divifi-
ons to be fet up
at public places.
* This a<51 is amended by act of 1768, No. 187, and is materially connected with ad of 1770, for ordefing
and governing flaves. Sec No. 204.
120 DIGEST OF THE
A. D. 1 765. clerk of their company, that any perfon concerned may from time to time have recourfe
No. 137. to the fame.
Captainstokeep II. And as all perfons as well women as men who are or may be owners of fettled
lift to^every'di- plantati°ns m any parifh or diflrict, ought in juflice to contribute to the fervice and,
vifion. fecurity of fuch parifh or diftricl, Be it therefore enaEted by the authority aforefaid)
That the captains or commanding officers of each company of foot militia (hall in
their diftricts make out and keep from time to time a fpeciarl patrol lift to every
fubdivided and diftincl: patrol divifion, in which fhall be inferted the names of all
pof(:c] ' owners of fettled plantations being within the fame, as well women as men, and as
well alarm-men as others, as alfo the names of all the male white inhabitants :
Provifo. Provided, That every perfon having feveral plantations fettled in this province, fhall
not be fubject to or obliged to do patrol duty in thofe divisions where fuch plantations
ProviTo. lie, other than in fuch in which he or me fhall ufually refide. Provided atfot That
the mafters and employers of all white male fervants, who by this act are obliged to
do patrol duty, fhall and they are hereby obliged to do patrol- duty, fhall and they
are hereby directed and obliged to furnifh fuch fervants with a horfe, and furniture
for fuch fervice, and that under the penalty of one pound, to be and applied in like
manner as the penalties on captains or commanding officers in this act before men-.
t toned.
.Liable to per- III. And be it further enaEled by. the authority aforefaid, That all perfons, male or
onn duty m femaie vvhofe names fhall be enlifted as aforefaid, fhall be liable to perform the
turns. ' r
patrol duty of their refpective divifions feverally, fucceffively and in turns j and on
n ' every mufter day the captains or commanding officers of the feveral companies of foot
On every mm- J . .
rtrday a num- militia fhall, out of every patrol lift made out as aforefaid, prick off the names of any-
.not exceed" number not exceeding- ten perfons, as well women as men, inhabitants and owners of,
■ ng ten perfons . . ,
tobeprickedoff and rending upon plantations as aforefaid, all of whom fhall, by themfelves, or others
or patrol duty. ernp]0ycd and provided for that purpofe* feverally and refpe£tively do and perform
the patrol duty herein directed, from fuch mufter day until the next enfuing mufter
dav, regularly, equally and fucceffively ; the faid captains or commanding officers,
always choofmg, and they are hereby directed to choofe the neareft fet of inhabitants
fet down in the patrol lift as aforefaid, to do the duty together, that they may be
Prcvifo. enabled to meet and affemble with the better conveniency and expedition : Provided.
Subftitutes fhall always, That it fhall and may be Jawful for any perfon or perfons liable to do and
oforecT ^ perform the patrol duty prefcribed by this a£t, and who may not choofe to do duty
in perfon to employ a fufficient perfon to perform and undertake fuch duty on his,
her or their behalf, when their names fhall be pricked off as aforefaid.
prov;r0. Provided a/ fo, That if any perfon or perfons fo liable and pricked off as aforefaid,
whether man or woman, (except fuch woman hath not hx working Haves) fhall not
in cafe of rcfu- either by themfelves or by a fufficient perfon on his, her or their behalf as aforefaid,
fal to act or fur- £0 ancj perform fucn duty, or fhall refufe to do and perform the fame, then and in
captains em- ' every fuch cafe the captain or commanding officer of fuch company of foot militia
powered to give t which fuch perfon fo neglecting or refuting fhall belong, upon the report of the
ICf. to a futllCl- ' , r , n 11 • 1 ,
em perfon per perfon appointed to command fuch patrol, fhall and is hereby empowered to agree
night. frffa
m
LAWS OP GEORGIA.
I2t
■with any fufficient perfon at a certain price, not exceeding ten {hillings fterling per
night, to do duty for him or her fo neglecting or refuting, until he or {he fhall
actually procure fome other white perfon, between the age of fix-teen and fixty years,
to do patrol duty for him or her ; and the rate or price fo agreed upon by fuch cap-
tain or commanding officer as aforefaid, fhall be paid by the perfon whofe turn or
duty fhall be fo performed to the perfon performing the fame according to his time
of fervice ; and in cafe any perfon or perfons fhall fail to pay or fatisfy fuch other
perfon fo appointed for him, her or them fo neglecting the price agreed upon by the
faid captain or commanding officer as aforefaid, upon demand thereof, then and in
every fuch cafe it fhall and may be lawful to and for the faid captain or commanding
officer who agreed with fuch perfon, to levy the fame on the goods and chattels be-
longing to the perfon fo failing, by warrant of diftrefs for that purpofe, directed to
anyTergeant of his company or any conftable of the parifh in which fuch company
fhall be eftablifhed ; which fergeant or conftable fhall be obliged, and he is hereby
fully authorifed and empowered to execute the fame, and fhall be allowed for exe-
cuting the warrant the fum of one {hilling, and two-pence per mile for every mile he
fhall travel, to be computed from the dwelling houfe of the faid conftable or fergeant
to the dwelling houfe of the defaulter.
IV. And be it further enaBed by the authority aforefaid^ That the feveral captains
and commanding officers of the feveral companies belonging to the town of Savannah,
fhall make out a general patrol lift of their refpective companies, (including the horfe
and alarm-men as alfo women) except as before excepted, within their divifion, and
fhall prick off from fuch lift the names of ten perfons to perform patrol duty in the
faid town of Savannah, and as far as the outer line of the garden lots of the faid town
doth extend, which duty fhall be done and performed by the faid patrols refpectively
every night in rotation ; the feveral patrols to meet, and the duty to be begun at
nine o'clock, and to be. continued until day light, and they fhall, and are hereby
empowered to take up all flaves whatever, which they fhall find within the faid town
or within the limits aforefaid after the hour of nine o'clock at night, who have not
a ticket, or letter, or other- token to (hew the reafonablenefs of their being out, or
who have not a white perfon in company to give an account of his or their bufinefs;
and fuch patrol may correct every fuch flave or flaves belonging to any perfon refid-
ing within the town of Savannah or within the limits aforefaid, by whipping with
a fwitch, whip or cowfkin, not exceeding twenty lafhes ; but if the flave or flaves
fo taken up and liable to punifhment as aforefaid, fhall belong to any plantation or
fettlement being without the limits aforefaid, fuch flave or flaves fhall be, by the
patrol who fhall take him, her or them up, deliver to the warden or keeper of the
work houfe as fugitive flaves. Provided akvays, That nothing in this act contained
fhall extend or be conftrued to extend to fubject the commander in chief for the
time being, or any of the members of his .majefty's honorable council and their
clerk or officers, or of the commons houfe of affembly or their clerk or officers,
the public treafurer, the powder receiver, the commiffary general, nor any judges
•of the general court, or minjfters of the gofpel, cuftom houfe officers or other offi-
Q^ cers
A. D. 1 765.
No. 137.
To he recover-
ed by warrant
of the officer.
Sergeant orcon-
ftables fees for
executing fame.
Savannah pa-'
trolduty within
the town, and
to outer line of
garden lots par-
ticularly regu-
lated.
Provifo.
What perfons
exempted from
patrol duty.
122
DIGEST OF THE
A.D. 1765.
N«. 137.
Captains of pa-
trols how ap-
pointed.
Failing to adt to
be fined not ex-
ceeding 20f.
Recoverable by
officers warrant
for ufe ef poor.
Captains of pa-
trols their pow-
ers.
May fine de-
faulters, &c. in
a fum not ex-
ceeding lof. re-
coverable and
applied in like
manner.
Sergeant, &c.
fees — liable to
fine of 40/. on
neglecl of duty.
Patrols how to
be armed under
Xof. penalty, and
to be obedient to
their officer un-
der penalty of
20/.
cers commiffioned by virtue o£ his majefty's fign manual, the field officers of the
feveral regiments, of foot militia in, actual commiffion, or the pilots or ferrymen in
any part of this province, to ferve upon any patrol duty in any diftrict whatever,
any thing herein before contained to the contrary notwithftanding.
V. And be it further enabled by the authority afsrefaidy That the captain or com-
manding officer of every company (hall have power in their feveral diftricls, from
time to time, to appoint one good and difcreet perfon from among the perfons fo
pricked off to do patrol duty as aforefaid, to be their commander, as foon as their
names fhall be pricked off as aforefaid, and if fuch perfon being regularly appointed
to command the patrol aforefaid, fhall refufe to accept of fuch command, or after
accepting thereof fhall refufe or neglect to do his duty as prefcribed by this act,
fuch perfon fo offending fhall, for every fuch offence, forfeit and pay a fum not ex-
ceeding one pound, to be adjudged by a majority of the commiffioned officers of the
company out of which fuch patrol {hall be pricked off, and levied in both cafes by
diftrefs and fale of the offender's goods, by a warrant for that purpofe, under the
hand and feal of the commanding officer of fuch company, to and for the ufe of
the poor of the parifh where fuch offence fhall be committed: And that the com-
mander of every patrol may have better authority to keep them in good order and
demeanor during their time and term of duty, it (hall and may be lawful to and for
every fuch patrol commander, and they are hereby directed, empowered and re-,
quired, on any default or mifbehavior or neglecl of duty of any patrol-man, to inflict
a fine upon him not exceeding the fum of ten {hillings fterling, for the ufe of the
patrols refpeclively, in which fuch neglecl:, default or mifbehavior fhall be com-,
mitted, to be levied by diftrefs and fale of the offender's goods, by virtue of a war-
rant for that purpofe, directed to the conftable of the diftricl or fergeant of fuch
company, under the hand and feal of the captain or commander of the company
from which fuch patrol, where fueh neglecl, default or mifdemeanor may happen
or be committed, fhall be pricked off, which conftable or fergeant (hall be obliged, *
and are hereby feverally authorized and empowered to execute the fame, and {hall
be allowed for executing the warrant the fum of one {hilling, and mileage as is
herein before directed ; and every conftable or fergeant refufing or neglecting to
ferve fuch warrant directed to him, fhall be liable to a fine not exceeding forty
{hillings fterling.
And, that the faid patrols may be the better able to fupprefs any mifchievous de-
fip-ns of negroes and other (laves during their time of fervice, It is hereby further enabled
by the authority aforefaid) That every perfon pricked- off or appointed, or undertaking
as a proxy, for any other perfon liable to fervice in the faid patrol in purfuance of, or
by virtue of this act, fhall provide for himfelf, and keep always in readinefs, and
carry with him on his patrol fervice, one good gun or piftol in order, with fix car-
tridges fuitable for fuch gun or piftol, and one good cutlafs,, under the penalty of a
fum not exceeding ten (hillings, for want of any fuch arms or ammunition, at fuch
time and places as they (hall be appointed by their refpective commanders, in their
feveral divifions, to whofe orders they fhall, on all occafions be refpeclively obedient
during
wered to
& flaves.
LAWS OF GEORGIA. 123
during their time of fervice, on pain of incurring a fine not exceeding twenty {hillings, A. D. 1765.
to be levied by warrant under the hand and feal of the captain or commanding officer No- J37-
of the company from which fuch patrol fhall be pricked off, as is herein before
mentioned.
VII. And be it further enaEled by the authority afore/aid? That every patrol fhall go To examine the
to, and examine the feveral plantations in their divifions, at fuch times as they in tjJ"^t ifafforie
their difcretion fhall fee fit, one night in fourteen at leaft, and may and fhall take up night in four-
all flaves which they fhall fee without the fences or cleared ground of their owners
plantations, who have not a ticket or letter, or other token to fhew the reafonablenefs E
of their abfence, or who have not fome white perfon in company to give an account correc
of his, her or their bufinefs ; and fuch patrol may correct every fuch flave or flaves
by whipping with a fwitch, whip, or cowfkin not exceeding twenty lafhes. Provided, Provifo.
That if any patrol-man, not having fufficient caufe, fhall beat and abufe any flave bte abufeiiatrte
peaceably and quietly being in his mailer's plantation, or found any where out of to forfeit $f.
the fame, having lawful or other token as is herein before directed, fuch patrol-
man fhall for every fuch offence forfeit and pay the fum of five (hillings, and in
cafe of fuch flave being maimed, difabled or killed, fhall be fubject to the feveral ]{ maimed or
penalties inflicted for fuch offences by the act, entiled " An act for the better go- otner penalties.
verning negroes and other flaves in this province, and to prevent the inveigling or
•carrying away flaves from their mailers or employers." And the faid patrols fhall p^rols tofearch
have full power to fearch and examine all negro houfes for offenfive weapons and for offenfive
• *■-"!• r 111- c\ n weapons and
ammunition, and on finding any fuch, contrary to the before recited act, fhall pro- ammunition, on
ceed as is therein directed; and if any patrol fhall fee any fugitive flave or flaves findingany rtow
. . J r ' P .to proceed, iee
endeavoring to avoid them by hiding or running into, or fhall hear of fuch being act of 1770,
harbored in any dwelling houfe of a white perfon, the commander fhall afk leave of iN^1. .^°4'
the owner of the faid dwelling houfe or of fome white perfon then there, to
fearch for, examine and apprehend the faid fugitive flave, or that the faid owner
fhould deliver up fuch flave or flaves; and in cafe the faid owner or other white white perfons
perfon fo entreated fhall refufe to deliver up fuch fugitive flave or flaves, or to fuffer fufpe<ajed of
fearch to be made for them, the faid patrol or any other white perfon having (een je6l to fine of
fuch flaves enter, fuch perfons fo refuting fhall forfeit the fum of five pounds for &5 on "fifing
--. topermitiearch.
every fuch offence.
VIII. And be it further enacted by the authority (fore/aid, That the faid patrols in Patrols to enter
their feveral divifions, and within the town of Savannah and limits above mentioned, d\iord-frh UV-
' plmg houies, to
or any two perfons belonging to the faid patrols refpectively, fhall have full power, and correct flaves
they are hereby authorifed and empowered to enter into any diforderly tippling houfe a°^n .£ YrT'sa-
or other houfe, fufpecting of harboring, trafficking or dealing with negroes, either vannah may
of white perfons, free negroes or others, and to apprehend and correct all diforderly ^"rk houfe-
flaves there found, by whipping or delivering fuch flave or flaves to the warden or
keeper of the work houfe in Savannah, if belonging to plantations or fettlements , /' ,
r > o to r ^ and may fearch
without the limits of the faid town and the five acre lots of the fame as aforefaid, and them for ftolen
apprehended within the fame as herein before directed : and the faid patrols, in their g0° s'
feveral divifions, may fearch any diforderly houfes for ftolen goods, if any are fuf-
pected
124 DIGEST OF THE
A. D. 1765. pe£led to be there ^concealed, upon oath firft made of fuch fufpicion before a magiC-
Np 137- trate, and the fame certified to the commander of fuch patrol.
IX. And ivhereas many irregularities may arife by patrols drinking too much liquor
before or during the time of their being on duty, Be it enabled by the authority afore/aid }.
Patrol getting That any perfon whatever,, who fhall be drunk during the time of his fervice on the
fubjedt °to fine Patrol, fhall be fubjecl to the penalty of a fum not exceeding ten millings, to be re-
of iof. for the covered by warrant of any juftice of the peace, upon oath firft made thereof, the
waySt fame to be applied to the ufe of the highways in, the refpe£tive diftricts where the
offence fhall happen.
X. XI. Prohibiting perfons trading with negroes without licenfe or confent of
owners. — Re-enacted with alterations by a£t of 1770,. No. 204, feet. 31, 32, 33.
Field officers to > XII. And for the better enforcing the performance of the feveral duties required
inpenntend bv this aft, Be it further enatled by the authority aforefaid* That the field officers of
captains and o--' -", .. ......
ther officers in each refpechve regiment of foot militia within this province, or any of them, fhall
their patrol du- ^ an(j they are hereby directed and empowered to give fuch directions and orders,,
from time to time, to the feveral captains and other officers commanding companies
in the regiments to which fuch field officers belong, as they fhall judge necefTary for
the more effectually doing and performing the feveral duties by this act required by
them to be done and performed j and on failure thereof by the faid feveral captains
and officers commanding companies as aforefaid, the faid field officers or any of them
are hereby directed and enjoined to caufe the feveral fines and penalties mentioned in
this act to be ftrictly levied, and applied in the manner herein before mentioned.
Perfons fued for XIII. And be it further enacted by the authority aforefaid. That if any captain or
""ho"S t otner officer, conftable, patrol-man or other perfon fhall be fued, arretted or im-
plead, pleaded for any. matter or thing which he fhall do or caufe to be done, by virtue of or
in purfuance of this act, it fhall and may be, lawful for every fuch captain or other
officer, conftable, patrol-man or other perfon to plead the general iffue, and give this
act and the fpecial matter in evidence on the trial ;, and if a verdict fhall pafs againlt.
the plaintiff or plaintiffs, or that fuch plaintiff or plaintiffs fhall fuffer a non-fuit, or
difcontinue his or their action or fuit ; then and in every fuch cafe the court, where
T d fuch action fhall he depending, fhall tax and allow to the defendant his or their dou-
ble cofts, ble cofts in every fuch fuit or action-.*'
ALEXANDER WYLLY, Speaker,
JAMES HABERSHAM, PrefdenU
James Wright-
November 1 3, 1 765.
* This a<5l is perpetuated by revival a<ft of 1783, No. 279.
A. D. 1766.
No. 138. An ordinance for appointing packers and infpeclors for the pofls of Savannah and Sunbury in
this province,
March <5, 1766.
Obfolete,
An
LAWS OF GEORGIA. 125
An Ail for encouraging fettlers to come into this province; and for A. D. J766.
granting to his majejly the fum of £i%i$ferling to be ijfued in
certificates by the commiffioners herein named for the faid purpofe ;
and alfo for the re-building the court houfe in Savannah, in confe*-
quence of an acl of the general ajfembly, paffed the 2Qth day of
February, 1764.
WHEREAS- the encouraging fettlers to come into the province will be of the For the encou-
greateft benefit and advantage thereunto, and as it appears that many fami- "gemeDtoffet-
lies are inclined to remove with their effects into the fame, provided any encourage-
ment could be given them, Be it therefore enaEied^ That for and during the fpace of Any number of
three vears next enfuinp- the paffine of this a£t, when any number of families, being proteftantfami-
proteftants, not lefs than forty, each family to confift at leaft of one man above the than forty com-
age of fixteen years, and one woman fhall arrive in this province, and fhall produce in^ .into
o J ? _ . " province may
to the governor and council fufficient teftimony of their good character, a townfhip have a town-
fhall be immediately allotted and laid out in fome convenient fpot for their refidence ; ti"ePma °ttC
which allotment and the feveral furveys of the refpective tracts in proportion to the office fees for
number in each family, and alfo the feveral fees due to the feveral officers for pairing furveying, &c.
their grants through their refpettive offices, fhall be defrayed by the public, and paid t^e Abiic.
by the treafurer as is herein after directed.
III. And be it enabled by the authority aforefaid, That the perfons fo coming in being Exempt from
proteftants, and fettling in townfhips as aforefaid in purfuance of this acl, fhall be for^heir^av^
exempted from all provincial taxes except for their flaves, for and during the fpace o£ for ten years,
ten years from the time of their fettlement as aforefaid.
All the rejl obfolete,
ALEXANDER WYLLY, Speaker.
JAMES HABERSHAM, Prefident.
James Wright.
March 6 , 1766.
An Acl to prevent frauds and deceits in felling beef pork, pitch, tar, no. 'i4o.
turpentine and fire-wood,
WHEREAS the preventing frauds and deceits in the packing of beef and pork, Preamble.
and in felling pitch, tar, . turpentine and fire-wcod, will greatly increafe
the credit and repute of thofe commodities of this province, and alfo be for the par-
ticular benefit and emolument of the purchafers or exporters of the fame, Be it there-,
fore etmcled, That from and after the firft day of February next, all and every cafk
or calks in which any beef or pork fhall be packed and expofed to fale, within this
province, fhall be made of found, dry and well feafoned white oak timber, free from
fap, the- heads as well as bodies of which cafks fhall be made tight fo as to hold pickle,
and,
no
DIGEST OF THE
A. D. 1766.
No. 140.
Beef, pork, &c.
for exportation
to be infpecled,
under penalty of
20/.
Barrels of pitch,
tur, turpentine
of what Hze.
Perfons (hip-
ping the lame
unmarked to
forfeit sf-
Barrels may be
opened oniufpi-
cion of fraud.
Pitch condemn-
ed to be for-
feited.
Provifo.
and the faid caOc fhall be proved before tlie fame fhall be packed with any beef or
pork, and fhall guage thirty gallons.
II. Re-enacted with amendments, by act of 1768, No. 179.
III. And be- it further enabled by the authority aforefaid, That from and after the
faid fir ft day of February aforefaid, no merchant, factor, trader, or other perfon,
fhall (hip for exportation on board any fhip or veffel whatever, any beef or pork for
a foreign market, before the fame be packed by fome packer or inspector of the port
or place where the fame is intended to be fhipped, and by the faid packer and infpec-
tor branded, under pain of fuch perfon fo (hipping, forfeiting the fum of twenty
fhillings fterling, for every fuch calk fo fhipped, to be recovered and applied as herein
after directed.
IV. And be it further enabled by the authority aforefaid, That from and after the
faid firft day of February aforefaid, every barrel of pitch, which fhall be made and
fold in this province, fhall contain three hundred and twenty-two pounds grofs weight,
and the ftaves of the faid barrels not to exceed half an inch in thicknefs ; every bar-
rel of tar, made and fold as aforefaid, fhall contain at lead thirty-two gallons, clear
■of dirt, drofs, chips, or water ; and every barrel of turpentine, fo made and fold
as aforefaid, fhall weigh four hundred and fixty pounds grofs, clear of dirt, fand or
water ; and that no merchant, factor, trader, or other perfon whatever, fhall fhip,
or put on board any fhip or veffel, for exportation from this province, any tar, pitch,
or turpentine, before the fame is marked by fome packer or infpector, under pain of
forfeiting, for every barrel fo fhipped, the fum of five fhillings fterling, to be recov-
ered and applied as herein after directed.
V. And be it further enabled by the authority aforefaid. That if any fraud or abufe
fhall be fufpected in any barrel or barrels of pitch which fhall be brought to mar-
ket or expofed to fale, the perfon who fhall treat for the purchafe of fuch pitch,
fhall be at liberty to cut open as many barrels of the fame as he fhall think proper,
which fhall be liable to be viewed, judged and forfeited as hereinafter directed, and
where any pitch fhall be condemned as fraudulent by the perfon or perfons empower-
ed to view and judge the fame, all fuch condemned pitch fhall be forfeited and fold
by the treafuter, and applied to fuch ufes as is herein after directed, and the owner
or perfon expofing fuch pitch to fale fhall alfo forfeit the fum of five millings fterling
for each barrel fo fraudulently brought to market and expofed to fale, and the fame
may be recovered againft him as is provided by the act for the more eafy and fpeedy
recovery of fmall debts and damages, and fhall be applied to the ufes as herein after
directed ; Provided always, That where any pitch fhall be ordered to be cut open as
aforefaid, without the confent of the owner or perfon offering or expofing the fame
to fale, the fame mall be done at the rifque of the perfon who fhall caufe fuch pitch
to be fo cut open, (that is to fay,) if fuch pitch fhall not be condemned as fraudulent by
.the perfon or perfons empowered to view and adjudge the fame} that then the perfon who
caufed the faid pitch to be fo cut open and examined fhall take to himfelf every fuch
barrel fo cut open, and which fhall not be condemned as aforefaid, and fhall pay to the
owner or perfon offering the fame to fale the current fum or price which good pitch
fhall
LAWS OF GEORGIA.
127
{hall then bear at that port or place, any thing herein contained to the Contrary A. D. 1766.
notwithftanding. . No. 140.
VI. And be it further enabled by the authority afore/aid, That fuch perfons as fhall Infpe&ors to be
be appointed packers or irifpectors by ordinance or otherwife of the governor, council,
and commons houfe of affembly, in general affembly met, fhall be, and they are
hereby directed, before they enter into the execution of their offices, feverally and:
refpectively to take the following oath before fome juftice of the peace for the parifh
where fuch port fhall be, who fhall grant fuch packer or infpector a certificate thereof :
I A. B. do folemnly fwear, that I will faithfully and impartially execute the bufinefs Their o»fcK;
and duty of a packer and infpector in the town and port of ,: to the belt of
my fkill and.judgment, without favor or prejudice, and without any delay, agreeable
to an act of the general affembly of this province, entitled " An Act to prevent
a
i<
€t
a
a
pork,
pitch,, tar, turpentine and fire-wood.
a
frauds and deceits in felling beef,
So help me God."
VII. And be it further enabled by the authority aforefaid) That the packers and in-
fpectors fo to be appointed fhall receive for their trouble from the feller or owner of
any beef, pork., pitch, tar, or turpentine, the fum of fix-pence for every' barrel of
beef or pork,, and the fum of two-pence for every barrel of pitch, tar, or turpen-
tine, which they fhall view, infpedt, mark, or brand, as aforefaid; and the faid pack-
ers and infpectors are hereby feverally directed to have and make ufe of a feparate
brand with initial letters of the name of fuch packer and infpector, and, in cafe of
refufal or neglect to do and perform any of the duties by this act required to be done
and performed by fuch packer and infpector,. he or they fo refufing or neglecting,
after he or they fhall have accepted fuch office, fhall, for. every fuch offence, forfeit
the fum of ten millings.
VIII. And be it further enabled by the authority afonfaid, That if any packer or infpec-
tor fhall mark or brand any beef, pork, pitch, tar, or turpentine, not weighing or con-
taining the weights or meafures directed by this act, fuch packer or infpector fhall,
for every barrel fo marked or branded, forfeit the fum of forty fhillings flerling, to be
recovered and applied as herein after directed.
IX. And whereat many frauds are committed in the fale of fire-wood, Be it further
enabled by the authority aforefaid^ That from and after the firft day of February afore-
faid, every cord of fire-wood which fhall be fold in this province, fhall meafure eight
feet in length, four feet. in height, and four feet in breadth, and in cafe any perfon or
perfons whatever, having any fire-wood fold and delivered them by the cord, as afore-
faid, fhall fufpecf a deficiency therein, every fuch perfon or perfons fhall and may
apply to any of the packers and infpectors to be appointed as aforefaid to cord and
meafure the fame, and in cafe any deficiency fhall appear, the perfon or perfons fel-
ling the fame fhall for every cord that fhall be fo deficient, forfeit the fum of ten
fhillings ; and the packer and infpector meafuring the fame, fhall be paid the fum of
fix pence for every cord fo meafured by the feller thereof, in cafe of deficiency, and
in cafe no deficiency fhall appear,, then to be paid the fum of fix. pence by the perfon or
perfens applying.
Infpeelor's fees.
They are to
brand all bar-
rels with their
initials under
penalty of icy.
Packers, &c. li-
able to penalty
of zof. for mark-
ing beef, &c,
improperly.
Fire-wood, fize
of cord.
Perfons felling
the fame defici-
ent to forfeit
10/.
!28 * DIGEST OF THE
A. D. 1766. X. And be it further enaBedby the authority aforefaid, That all the fines and forfei-
No. 140- tures by this act inflicted fhall be recovered, upon proof of the offence, before any
tines recovered juftice of the peace for the parifh where the fame fhall be committed, by warrant
the°peace,ICand under the hand and feal of fuch juftice, directed to any conftable of the faid parifh,
how applied. and be to the informer.
XL And be it further enabled, That this act, fhall be and continue in force for and
during the term of three years, and from thence to the end. of the next feffion of the
general affembly and no longer.*"
JAMES HABERSHAM, Preftdent.
ALEXANDER WYLLY, Speaker.
James Wright.
March 6, 1766.
* Perpetuated by ad of 1783, No. 279.
No. 141. _£n j{bl to empower the feveral cotrnnijjioners or furveyors hereafter named, to lay out and
make fuch public roads in the province of Georgia, as are herein after mentioned and
direbled, and to continue to work upon, clear, repair and improve the feveral roads
already laid out, and alfo the rivers and creeks within their feveral and refpeblive divifions.
March 6.
Obfolete.
No. 142. An Act for granting to his majefly the fum of ^1925 6 I flerling for the ufe andfup-
port of the government of Georgia for the year 1766, to be raijed by certain rates and
after the method therein mentioned, and for the more effeBual collecling of arrears.
March 6.
Obfolete.
Freamble-
No- *43. , An Aft for amending an Ac~l for holding fpecial or extraordinary
courts of common pleas for the trial of caufes arifing between mer-
chants, dealers and others? and /hip-ma/lers, fupercargoes, and
other tranfient perfons*
WHEREAS by an act paffed hy the general affembly of this province, entitled
" An act for holding fpecial or extraordinary courts of common pleas for
the trial of caufes arifing between merchants, dealers, and others, and fhip-mafters,
fupercargoes, and other tranfient perfons," // is enabled, that the chief juftice and.
juftices of the general court of pleas within the fame fhall, upon application, order
a,nd appoint fuch fpecial or extraordinary court, wkhin feven days after fuch applica-
tion,
LAWS OF GEORGIA. 129
tion, for the trial of any caufe or matter in difference, being within the meaning of A. D. 1766.
the faid act. Not 143.
And ivkereas it often happens that the defendants in fuch caufes refide at a great
diftance from Savannah, fo that it is impracticable to make a return of the writ iflued
in fuch caufe within the fpace of feven days aforefaid, Be it therefore enabled. That im- Ena&ed.
mediately from and after the palling of this act, upon any application being made to Special or ex-
the chief juftice or juftices of the general court of pleas in this province, for any fpe- tra°rdinary
cial or extraordinary court of common pleas to be held for the trial of any caufe or held at any time
caufes by virtue of the faid act, it fhall and may be lawful to and for the chief juftice ™*m twenty
or juftices aforefaid, at his or their difcretion, to order and appoint fuch fpecial or ex-
traordinary court to be held at any time within twenty days as the neceffity of the cafe
may require, after fuch application, any thing in the faid act to the contrary not-
withftanding.
ALEXANDER WYLLY, Speaker.
JAMES HABERSHAM, Preftdent.
James Wright.
March 6, 1766.
An Ac! for the further continuance of an atl to prevent Jlealing of horfes and neat cattle ; and No- J44-
for the more effectual difcovery and punifhment of fuch perfons as fhall unlawfully brand,
mark, or kill the fame.
- March 6.
Rc-ena£led ivith amendments by aS of if] 3, No. 240.
An Aft for eflablifhing a ferry from the plantation of Miles Breivton, No. i45,
Efquire, near Savannah, to the plantation of Jermyn and Charles
Wright, Efquires, called Rochejler, in the province of South Caro-
lina, and for vefing the fame in the faid * Miles Brew ton, Efquire,
his executors, adminijlrators, and affigns,for and during the term
of feven years,
WHEREAS a law has patted in the province of South Carolina, for the Preamble,
eftablifliment of a road and ferry at the plantation of Jermyn and Charles
Wright, Efquires, called Rochefter, fituated on the north fide of Savannah river in
the faid province : And whereas it is neceflary that a ferry ihould be eftablifhed on
the fouth fide of the faid river, as near oppofite the ferry before mentioned as may
be, which will tend to the conveniency of, and promote a fpeedy communication
between both provinces, Be it enabled. That a public ferry fhall be, and the fame is
R hereby
* New vefled in Nuhol Turnbull. Sec act ot 1756, No. 539.
13° DIGEST OF THE
A. D. 1766. hereby eftablifhed upon Savannah river, from the plantation of Miles Brewton, Ef-
No. 145. quirCj tQ the piantation 0f jermyn and Charles Wright, Efquires, called Rochefter,
Brewton s ferry . r, r 1 r 1 r • 1 • " * *
on Savannah ri- on tne oppohte tide ot the fain river.
ver eftablifhed. The refl of this aft is expired or sbfolete.
James Wright.
March 6, 1766.
ALEXANDER WYLLY, Speaker.
JAMES HABERSHAM, Prefident.
No. 146. ^n -At! to explain and amend an Q ft for the letter regulating taverns , punch houfes, and
retailers of fpiritous liquors.
March 6.
Repealed by ail of 179.1, No. 459.
No. J47. <An d£l to punifh feamen or mariners^ neglecling or deferring their
duty on board their refpecli<ve Jhlps or vejfels ; and for preventing
feamen or mariners from being harbored or running in debt.
Preamble. "Y"1TT"HEREAS mafters and commanders of vefTels trading to this province are of-
Y w ten greatly diftrefled by the neglect or defertion of their feamen, which is
in general occafioned by fuch feamen being harbored and entertained by and running
in debt with the keepers of taverns and tippling houfes, and ill difpofed perfons, to
the great detriment and hinderance of trade, for prevention of which evil, Be it enacl-
On complaint e^> That from and immediately after the palling of this act, if any feaman or mariner
juftkes of the having entered or fhipped himfelf on board any fhip or vefTel within this province, or
prehenffYnd*1' which fhall come to the fame, and having figned an agreement or contract with the
commit rcfrac- mailer or commander thereof to proceed upon any voyage therein mentioned, fhall
da contra'ft. abfent himfelf from fuch fhip or vefTel for the fpace of twenty-four hours, without
leave had and obtained from the faid mailer or commander, or other chief officer
having the command of fuch fhip or vefTel, or fhall refufe or neglect to perform his
duty on board the fame, or refufe to proceed the voyage mentioned in fuch agree-
ment or contract figned as aforefaid, it fhall and may be lawful for any juftice or
juflices of the peace, within their refpective jurifdictions, upon application being
made to him or them by fuch mafter or commander, to ifiue his or their warrant or
warrants, to apprehend fuch feamen or mariners, and upon proof of fuch abfence
without leave had and obtained, or of fuch neglect: or refufal as aforefaid, to commit
fuch feaman or mariner to the gaol or work houfe for any time not exceeding thirty
days, any law, ufage or cuftom to the contrary notwithstanding.
Expences to be H. And be it further enaBed by the authority aforefaid, That the charge of apprehend-
paid and de- mgs committing, and maintaining fuch feaman or mariner, during his confinement
feamen'swages. as aforefaid, fhall be paid by the complainant, which charge he is hereby authorized
to deduct out of the wages due or to be due to fuch feaman or mariner.
III.
LAWS OF GEORGIA. i-r
III. And be it enabled by the authority afore/aid, That if any perfon or perfons what- A. X>. 1766.
foever after the paffing of this act, fhall give credit to or truft any feaman or mariner No. 147-
belonging to any (hip or veffel within this province, having figned an agreement or Paribus trufiirp
contract: to proceed therein as aforefaid, for any fum exceeding five (hillings, except cotLltra& u\-)OVC
by leave of the mafter or commander of fuch (hip or veffel, he, (lie, or they fo giv- 5/- except by
ing credit to or trufting fuch feaman or mariner as aforefaid, fhall, for every fuch the fame,
offence, lofe the monies or goods fo credited or trufted.
IV. And be it enabled by the authority aforefaid, That if any perfon or perfons what- perfoos harbor-
foever after the paffing of this act, fhall willingly and knowingly entertain, retain, ing them to for-
. . . feit Aof- for eve-
harbor, or keep, or fhall directly or indirectly fuffer to be entertained, retained, ry twenty-four
harbored or kept, any feaman or mariner belonging to any fhip or veffel, and having h°ufs<or enter-
r 1 r>; r..,.6,?l;,r.1r.1 ,6 taming them
figned any agreement or contract as aforefaid, in his, her or their houfe without the without leave.
leave, privity or confent of the mafter or commander of fuch fhip or veffel, he, fhe,
or they fo offending, fhall forfeit the fum of forty (hillings fterling for every twenty
four hours fuch feaman or mariner is harbored, entertained, retained, or kept in his,
her, or their houfe as aforefaid, and fuch fine or forfeiture fhall be recovered by dif- Ho,w rec°vered
trefs and fale of the offender's goods by warrant under the hand and feal of any juftice
of the peace of the parifh where fuch offence fhall be committed, which penalty fhall
be to his majefty for the ufe of the poor of the faid parifh.
V. And be it enabled by the authority aforefaid, That all and every keeper or keepers Perfonskeepin^
of taverns or tippling houfes or any other perfon or perfons whatfoever, who from ^PP1.1"? ho"iC*
f 1 rr* f 1 • r\ n /* 11 I U fill 111 HIP" 1C3.-"
and after the pafling of this act, fhall fell any wine, punch, beer, ale, cyder, or any men with more
fpiritous liquor whatever, to any feaman or mariner belonging to any fhip or veffel, than V6 worth
and having figned any agreement or contract as aforefaid, to the amount of more
than one (hilling and fix-pence in any one day, or (hall entertain, or fuffer any fea-
man or mariner as aforefaid to drink or tipple in his, her, or their houfe, or furnifh or entertain
fuch feaman or mariner with any liquor as aforefaid after the hours of nine of the , ,m t !r?'?v
1 ." o clock at night
clock at night, unlefs with the knowledge or by the leave and confent of the mafter without leave,
or commander of the fhip or veffel to which fuch feaman or mariner fhall belong, ° or eit 2™"
fuch keeper of tavern or tippling houfe, or fuch perfon or perfons fo offending,
fhall, upon proof of fuch offence, forfeit the fum of twenty (hillings fterling, to be
recovered and applied as in this act is before directed.
VI. And be it further enacled by the authority aforefaid, That from and after the Seamen having
A - flC'llll"
paffing of this act, any and every feaman or mariner, whofe agreement or contract ree^e * *fv
entered into with any mafter or commander of any fhip or veffel within this pro- demand of the
vince for the performance of any voyage therein fpecified, (hall be fulfilled and de- ™*M" thereof"
termined, fhall and may demand of, and from the faid mafter or commander a cer- on failure to
tificate thereof, and of his difcharge from fuch (hip or veffel, which certificate fj penalty of
fuch mafter or commander is hereby required to give, under the penalty of five £,5-
pounds fterling, to be recovered by warrant of diftrefs and fale of the offender's Ho,w rec.°^ered
goods, under the hands and feals of any two juftices of the peace for the parifh
where fuch offence was committed, and be to his majefty, and applied one half to
the informer, and the other half to the poor of the faid parifh ; and upon refufal of
the
132
DIGEST OF THE
A. D- 1766.
No. 147.
Two juftices
may in fuch
cafes on proper
proof grant the
fame.
Their fees.
Comma ndars
hiring feamen
without certifi-
cate to forfeit
Ferrymen tranf-
porting them
not haying fuch
certificate to
forfeit £5.
How recovered
and applied.
No. 148.
the faid mailer or commander to give fuch certificate without juft caufe, any two
juftices of the peace upon due application and proof thereof, are hereby empowered
to give fuch certificate, which (hall be of equal force as if given by fuch mafter or
commander j and fuch juftices fhall receive for every fuch certificate fo given by
them as aforefaid the fum of one {hilling fterling, to be paid by fuch mafter or com-
mander fo refufing as aforefaid,
VII. And be it further enaBed by the authority aforefaid, That no mafter or com-
mander of any (hip or veffel within this province, fhall hire, receive, entertain or
ihip any feaman or mariner belonging to and pretending to be difcharged from any
other fhip or veffel, unlefs fuch feaman or manner fhall have a certificate of his dif-
charge as aforefaid, under the penalty of ten pounds fterling, to be recovered and
applied as the penalty in this a£t inflicted upon matters or commanders refufing to
give fuch certificate.
VIII. And be it further enaBed by the authority aforefaid, That if any perfon or
perfons keeping or attending any ferry within this province, fhall willingly or wil-
fully tranfport, or fuffer to be tranfported over fuch ferry any fugitive feaman or
mariner not having a certificate of difcharge as directed by this aft, fhall upon con-
viction thereof before any one of his majefty's juftices of the peace for the parifh
where fuch offence was committed, forfeit five pounds fterling, to be recovered by
warrant of diftrefs and fale of the offender's goods, and be to his majefty to and for
the ufe of any perfon or perfons informing of and fuing for the fame.
IX. And be it further enabled, That this z€t fhall be and continue in force for and
during the term of three years, and from thence to the end of the next feffion of the
general aflembly, and no longer.*
ALEXANDER WYLLY, Speaker.
JAMES HABERSHAM, Prefdent.
James Wright.
March 6, i 765.
* Perpetuated by aft of 1783, No. 279.
An Atl to amend an aB for the better ordering and governing negroes and other flaves
in this province, and to prevent the inveigling of carrying aivayflaves from their maflers
or employers.— —March 6.
Ob f oleic — See a8 of 176S, No. 1 7 1.
No. 149. An AB to enable the commij/ioners appointed by an aB of the general
affembly of this province, entitled " An aB for regulating the town of Savannah, and
for afcertaining the common thereunto belonging," to alien and convey to the Honorable
William Simpfon, Efquire, his heirs and aJfigns,for ever, a certain part of the faid
common, in exchange for part of a lot of land adjoining the fame.
Preamble. ~W /"HERE AS in and by an a& of the fourth general aflembly of this province, en-
y/^f titled " An acl: for regulating the town of Savannah, and for afcertaining the
common thereunto belonging," the faid common is ascertained and declared to be
the
LAWS OF GEORGIA.
T33
the common property of the lot holders of the faid town, and not to be aliened or
granted away for any purpofe whatever, otherwifethan by act. of the general affembly :
And whereas Henry Ellis, Efquire, late governor of this province, had prior to the
paffing the faid act, that is to fay, on or about the feventh day of February, in the
year of our Lord one thoufand feven hundred and fifty-eight, obtained his late majefty's
grant, under the great feal of the faid province, to him, his heirs and affigns
for ever, for a lot of land, iituate part on the bay, and part on the common of the
faid town of Savannah, containing one hundred and twenty feet in front, and four
hundred and ninety feet in depth weft, and four hundred and fixty-five feet in depth
eaft : And ivhereas the fame is fince by purchafe from the faid Henry Ellis, Efq.
become veiled in the honorable William Simpfon, Efq. And ivhereas part of the faid
lot may hereafter be of general benefit for the conveniency of a ftreet or paffage from
the bay of the faid town to the hamlets of Yamacraw and Evenfburgh, and would
now, if flopped up or built upon, be of great detriment to the public, and the faid
William Simpfon being willing to exchange the part of the faid lot convenient for
the above intended ftreet or paffage for an adequate proportion of land on the common
to the weftward of, and adjoining his faid lot, Be it therefore enabled, That immedi-
ately after the paffing of this act, it lhall and may be lawful to and for the com-
miflioners named and appointed in and by the faid recited a£l of the gene-
ral affembly, by any fit deed or conveyance in the law by them, or any three of
them, to be made and executed, to grant, alien and convey unto the faid William
Simpfon, Efq. and his heirs and affigns forever, a part of the faid common of Savan-
nah to adjoin weftward the lot of the faid William Simpfon, and to contain thirty
feet in width and three hundred and fix feet in depth, and particularly defcribed by the
letters F. G. H. I. in the plan hereunto annexed, he the faid William Simpfon fir ft
granting and conveying unto the faid commiffioners a part of his lot as aforefaid, con-
taining forty-feven feet in width, and one hundred and twenty feet in depth, and
particularly defcribed in the faid plan hereunto annexed by the letters A. C. E. F. 'to
hold the fame unto the faid commiffioners, and their fucceffbrs commiffioners forever,
as part and parcel of the common of the faid town of Savannah, for the ufe of the
lot holders thereof.
II. And be it further enabled by the authority aforefaid, That from and after the ali-
enation, conveyance and exchange refpeclively made of the faid part of the faid com-
mon, for part of the lot of the faid William Simpfon, as herein bef ire mentioned,
the faid part of the faid common, containing thirty feet in width and three hundred
and fix feet in depth, and defcribed in the plan aforefaid by the letters F. G. H. I.
fhall and is hereby declared to be fevered from the faid common, and become and
continue the abfolute property of the faid William Simpfon, to and for the ufe of
him, his heirs and affigns for ever j and that the part of the lot of the faid William
Simpfon, containing forty-feven feet in width, and one hundred and twenty feet in
depth as before mentioned and defcribed, fhall, from thenceforth be and continue to
be part and parcel of the faid common of the town of Savannah, to all intents, con-
ftructionSj and purpofes whatever, and as any other part of the faid common is or
may
A. D. j 766,
No 149.
Ena&ed.
Certain com-
miffioners em-
powered to ex-
change a part
of the town
common of Sa-
vannahfor other
lands adjoining.
The land alien-
ed to be fevered
from the com-
mon, p.nd that
obtained in litu
thereof to be a
part of the fame
for the ufe of
lot holder*.
'34 DIGEST OF THE
A. D. 1760. maybe, according to the true intent and meaning of this a&, any thing in the a&
No. 149. herein before recited to the contrary notwithftanding.
ALEXANDER WYLLY, Speaker.
JAMES HABERSHAM, Prefident.
James Wright.
March 6, 1766.
No. 150. Jn J_a to amend an " Ac! for the better regulating the town of Savannah, and for afcer-
taining the common thereunto belongings" and alfo to authorize and empower the church-
wardens and veflry of the parifh of Chrifl church to appoint a beadle for purpofes herein
mentioned.
March 6.
Obfolete.
No. 151. An Aclfor amending an " Aclfor regulating the pilotage of veffels into the fever al ports
of this province."
March 6*.
This ad is continued by fever al a8s until 1 733, and then it expired.
No. 152. ■"** Aclfor the better fecurity of the inhabitants of this province by obliging the male white
perfons within the fame to carry f re arms to all places of public worfhip.
March 6.
This at! gave place to afi ofiyjo, No. 1 91.
No. 153. An A Si for the relief of debtors nvho may be confined in gaol, and are
unable tofupport themfelves during fuch their confinement.
Preamble. ~W1^ T"HERE AS it often happens that debtors are confined in gaol, and are,
^f y[ through inability to fupport themfelves during their confinement, reduced
to great diftrefs and want, and are alfo often confined, as well by the obftinacy of
their creditors, as by their incapacity to pay their debts :
Infolv-cnt debt- I- Be it enabled, That immediately from and after the paffing- of this a£t, any pri-
ors in execution foner or prifoners charged in execution or imprifoned for any fum or fums of money,
to be relieved, and being unable to fupport him, her, or themfelves, fhall and may petition the
chief juftice or juftices of the general court of pleas of this province, fetting forth
their inability to maintain themfelves during their confinement, and upon fuch peti-
tion the faid chief juftice or juftices may, and are hereby required by order or rule
of the court, to caufe the prifoner to be brought up, and the feveral creditors, at
whofe
LAWS OF GEORGIA. 135
whofe fuit he, {he, or they are charged or imprifoned, as aforefaid, to be fummoned A. D. 1766.
to appear perfonally, or by their attorney in court, at a day to be appointed for that No- *53«
purpofe, and upon the day of fuch appearance, if any of the creditors fummoned
refufe or neglect co appear, upon affidavit of the due fervice of fuch rule or order,
the court (hall in a fummary way examine the matter of fuch petition, and upon fuch
examination the court may, and are hereby required to adminifter or tender to the
prifoner, an oath to the effect following, and in cafe the perfon taking fuch oath,
fhall have any real or perfonal eftate, debts, credits, or effects, fuch perfon fhall de-
liver to the court, before the tender of fuch oath, an account thereof. " I, A. B. Their oath*
do folemnly fwear, in the prefence of Almighty God, that I am not poffeffed of any
real or perfonal eftate, debts, credits or effects whatsoever (my wearing apparel, bed-
ding, for felf and family, and the working tools or implements of my trade and call-
ing excepted) wherewith to maintain or fupport myfelf during my imprifonment,
(other than are contained in the fchedule now delivered) and that I have not directly
or indirectly, fince my imprifonment or before, fold, leafed, affigned or otherwife
difpofed of or made over, in truft for myfelf or otherwife, any part of my lands,
eftates, goods, ftock, money, debts, or other real or perfonal eftate, whereby to
have or expect any benefit or profit to myfelf, or my heirs. So help me God." —
And in cafe the prifoner fhall in court take the faid oath, and the creditor or ere- Prifoner may
ditors fo fummoned and being in court, as aforefaid, fhall notwithftimding, infill f'11 be ' .detained
° , . . ° by creditors en-
upon his or her being detained in prifon, fuch creditor or creditors mail agree by terbgintowric-
writing, under his, her or their hands, to pay and allow a weekly fum not exceed- to" pay ^hin^a
ing feven millings per week, untothe faid prifoner, to be paid weekly, fo long as he weekly allow-
or fhe fhall continue in prifon, at his, her, or their fuit, and on refufal of entering q " r° fuj('j or
into fuch agreement, or on failure of payment of fuch weekly fum, the faid prifoner failure to pay
fhall forthwith and upon application to the court, be difcharged by order of the pHfoner^toVe
court, and fuch order fhall be a fufficient warrant to the provoft marfhal, gaoler, or difcharged by
keeper of fuch prifoner, to difcharge the faid prifoner, if detained for the caufes 0n paying coils,
mentioned in his or her petition, and no other ; and he is hereby required to dif-
charge and fet him or her at liberty forthwith, the prifoner paying his or her fees,
nor fhall the provoft marfhal or gaoler be liable to any action of efcape, or other fuit
or information upon that account, Provided, That this act fhall not extend or be Provifc.
conftrued to extend, to entitle to fuch maintenance as aforefaid, or to difcharge any Not ,*.°. e*tencl
, ' . '_ . . , ■. to relief ot per-
debtor or debtors whofe trade or occupation may or can be carried on, and can find fons capable of
fufficient employment within the limits of the gaol in which he, fhe, or they may be [Scmfclves8
confined, by means whereof, a fufficient fubfiftence may or can be earned by him, withm the li-
ner or them, miuofthegaol.
II. Provided alfo, and be it further enabled, That if any fuch perfon who fhall take Perfons com-
fuch oath as aforefaid, fhall, upon any indictment for perjury in any matter or parti- ^^^5?^$
cular contained in the faid oath, be convicted by his or her own confeffion, or by to ftand in the
verdict of twelve men, as he or fhe may be by force of this act, the perfon fo con- ^er'afLrtohave
victed fhall ftand in the pillory for the fpace of two hours,' and fhall never after have the beziefit of
the benefit of this act.
III.
I36 DIGEST OF THE
A. D. 1766. III. And be it further enacted, That this act. (hall be and continue in force for and
No. 153. during the term of one year, and from thence to the end of the next feffion of the
general aflembly, and no longer.*
ALEXANDER WYLLY, Speaker.
JAMES HABERSHAM, Prefdent.
James Wright.
March 6, 1766.
* Further continued by act of 1767, No. 170, for three year*. No further continuance can be found, nor
can we difeover, that it has fince been revived ; but this act never having been repealed, and there beinij no
other adt for the relief of fuch unfortunate perfons, it has generally been considered in force, and admitted by
our courts as law : Indeed, the broad and general expreflions of the feveral revival a&s may be faid to favor fo
benevolent a conftrudion.
No. 154. An Ordinance directing and empowering the commijftoners herein named to pur chafe a quan-
tity of rice at a certain price, and to retail the fame for account of the public.
June 18.
Obfolete.
No. rjj. An A£l U prohibit for a certain time the exportation of clean rice, rough rice, wheat four,
fhip bread, corn and peafe, from the province of Georgia.
June 1 8.
Obfolete.
No. 156. 4n Act to prohibit the exportation of corn and peafe until the frfl day of September next,
and to empower the governor or commander in chief for the time being, by and with the
advice and confent of the honorable council, at any time or times hereafter, during the
continuance of this act, conditionally to prohibit the exportation thereof.
December 19.
Obfolete.
A. D. 1767.
No. 157. jfa jlft to amend and continue an act for regulating a work hiufefor the cuflody and puni/h->
ment of negroes.
March 26, 1767.
Re-enaaed by aB of '1770, No. 204, 2j\feS.
No, 158. An Act to prevent Jlealing of horfes and neat cattle, and for the actual difcovery and punifb-
ment of fuch perfons as fhall unlawfully brand, mark, kill, or drive the fame.
March 26, 1 767.
See a3 of 1 773> No. 220.
An
LAWS OF GEORGIA. 137
An ASi to empower the commiffioners therein named to pur chafe from A. D. 1767,
Jofiah Tatnell, Efquire, his executors or admin'iflrators, one hun- No' *59'
dred and four acres of land, for the purpofe of ere cling a lazaretto
upon Tybee ifland.
WHEREAS the frequent importation of cargoes of flaves into this province Preamble,
renders it neceflary to have feme buildings erected in a convenient and fafe
place, where fuch flaves can be landed, and, in cafe of diftempers being among them,
be properly lodged and attended.
And whereas the general afTembly of this province have thought the wefternmoft
point of Tybee ifland, and within the creek, a proper place for that purpofe, which
land is the property of Jofiah Tatnell, Efquire.
I. Be it therefore enabled, That immediately from, and after the paffing of this act, Lazaretto and
it fhall and may be lawful for the commiffioners herein after named, or any three of ot"cr buildings
J . ... onTybeeiiland,
them, to accept and take from Jofiah Tatnell, Efquire, his executors or adminiftra- 104 acres land
tors, a fit deed or conveyance in the law, by him or them to be duly executed, where- t'° rfSa the
by to veft in them the faid commiffioners, and the furvivors and furvivor of them, fame.
and the heirs of fuch furvivor, in truft to and for the ufe of the public of this pro-
vince for ever, one hundred and four acres of land, fituate and being upon the ifland
of Tybee, in the faid province, and being the wefternmoft point of the faid ifland,
for the purpofe of erecting a lazaretto and other buildings, and of which premifes
the faid commiffioners, and the furvivors of them, and the heirs of fuch furvivor, Vefted in com-
fhall ftand feized for the ufe of the public of this province as aforefaid, and, upon niiffioners and
receipt of fuch deed or conveyance, to pay to the faid Jofiah Tatnell, his executors, truft for public
adminiftrators or affigns, the fum of feventy pounds lawful money of the faid province u'e*
for the purchafe thereof, which fum of feventy pounds the treafurer is hereby direct-
ed and empowered to pay to the faid commiffioners, or any three of them, out of
the produce of the tax for the prefent year.
II. And be it further enacled, That the honorable Noble Jones, Grey Elliot, and The commifli-
Alexander Wylly, Efquires, and Jofeph Gibbons, and John Smith, Efquires, be,
and they arc hereby nominated and appointed commiffioners for executing and putting
m force this act, according to the true intent and meaning thereof.
ALEXANDER WYLLY, Speaker.
JAMES HABERSHAM, Prefident..
James Wright.
March 26, 1767.
oners.
An Atl to empower the commiffioners therein named to creel a lazaretto and' a houfe for the No. i<5o.
keeper thereof upon the if and of Tybee, and to receive from the treafurer or powder re-
ceiver of this province a fum not exceeding ^300 to defray the expences thereof and to
empower the faid treafurer to repay the fame.
March 26, 1767.
S AM
f«8 DIGESTOFTHE
'j
A. D. 17^7. An Acl to lay a duty upon negroes and other Jlaves that have hen above fix months in any
No, 16 1. of .the iflands or colonics in America and imported for fale in this province, and for ap-
propriating the fame towards the repairing or rebuilding the light ho life on Tybee if and 1
and to prevent negroe convitls being imported into and fold in this province.
March 26.
Obfolete.
No. 162. An Acl to amend an acl to empower the fever al commiffioners or furveyors thereafter named
to lay out and make fuch public roads in the province of Georgia as are therein after
mentioned and directed, and to continue to work upon, clear ■, repair and improve the
fever al roads already laid out , and alfo the rivers and creeks within their feveral and
refpeilive divifons [0 far as the fame refpecls the male white inhabitants within the
town divifton therein afcertained.
March 26.
Obfolete.
No. 163. An Ad for limitation of affions, and for avoiding offuits in laiv*
WritsoF forme- |j /"• OR quieting of mens eftates, and for avoiding of fuits, Be it enabled. That all
derof any lands", jL writs of formedon in defcender, formedon in remainder, and formedon in re-
&c. to be fued yerter, of any lands, tenements, or hereditaments, or any other writ, fuit or action
years. whatfoever, at any time hereafter to be fued or brought, by occafion or means of any
title or caufe heretofore accrued, happened or fallen, or which may hei-eafter defcend,
happen, or fall, fhall be fued and taken within feven years next after the pairing of
this act, or after the title and caufe of ac~t ion fhall or may defcend or accrue to the
fame, and at no time after the faid feven years ; and that no perfon or perfons, that
now hath or have, or which hereafter may have any right or title of entry into any
lands, tenements, or hereditaments, fhall, at any time hereafter, make any entry but
within feven years next after the paffing of this a£r, or after his or their right or title,
fhall or may defcend or accrue to the fame, and, in default thereof, fuch perfon fo
not entering, and their heirs, fhall be utterly excluded and difabled from fuch entry
Provifo. after to be made ; Provided neverthelefs, That if any perfon or perfons, that is or fhall
be entitled to fuch writ or writs, or that hath or fhall have fuch right or title of entry,
be, or fhall be, at the time of fuch right or title firft defcended, accrued, come, or
fallen, within the age of one and twenty years, feme-coverts, non compos mentis, im-
prifoned, or beyond feas, that then fuch perfon and perfons, and his and their heir
and heirs, (hall or may, not with (landing the faid feven years are expired, bring his,
her, or their action, or make his, her, or their entry, as he, (he, or they, might
have done before this a£t, fo as fuch perfon and perfons, or his, her, or their heir
and heirs, fhall, within three years next after his, her or their full age, difcoverture
coming
* Thefpace of time between the firft of July, 1775 and the firft of February, 179?, is not to be taken into
the computation. See ad of 178a, No. 270, fed. 9; ad of 1788, No. 387, and ad of 1790, No. 438, fed. 14.
LAWS OF GEORGIA. 139
coming of found mind, enlargement out of prifon, or returning from beyond feas, A. D. 1767.
take benefit of and fue for the fame, and at no time after the faid three years. No- l63-
II. And for the better and more perfect quieting of mens pofTeffions and eftates, and Twenty years
avoiding of fuits, Be it further enaSled, That ail and every perfon and perfons what- „f \0.}5j lands,
foever, now in poffeffion of any lots, lands, tenements, or hereditaments whatfoever, &c- g'ood nSht
. , . , . . , • , r n 1 1 forever in fee-
within this province, derived irom any grant, allotment, or other power or authority fimpje.
whatfoever, by, from, or under the late truftees for eftablifhing this colony, or their
prefident and affiftants, or from any other perfon or perfons whatfoever under their
authority, or by or from any grant from his late majefty, (of bleffed memory) or
from his prefent majefty, or by or under any laft will and teftament, purchafe or
nurchafes, whether by deed of gift, bill of file, or other conveyance whatfoever, for
lawful or valuable consideration, and where the perfon or perfons now in poffeffion
of the faid lands, tenements, or hereditaments, do poffefs, hold, and claim the
fame, as of his, her, or their own proper right in fee fimple, and the perfon or
perfons fo in poffeffion, or the perfon or perfons under whom they claim, have fe-
veraily or fucceffxvely been quietly polleffed of the fame under any of the titles, ways,
or means aforefaid, and without lawful interruption, by fuit or action at law actually
commenced, enjoyed the fame for the fpace of twenty years before the palling of this
act, that then fuch perfon and perfons, fo in poffeffion as aforefaid, fhall have good
right and title to the fame, and fhall have, hold, and enjoy the faid lands, tenements,
and hereditaments, unto him, her, or them, his, her, or their heirs or affigns for
ever, in fee fimple, againft all and every other perfon and perfons whatfoever,. any
thing herein before contained to the contrary notwithftanding.
III. And be it further enaEled, That not only the perfon or perfons who are or All under dai.
fhall be hereafter barred, by not fuing or profecuting his or their claim fo any lands, j^'manner *
tenements, or hereditaments in this province, within the time limited by this act,
but alfo all manner of perfons whatfoever, that fhall at any time claim under fuch
perfon or perfons who have loft or may hereafter lofe their right, by neglecting to
fue and profecute his or their claim as aforefaid, fhall be in like manner barred by
this act as his, her, or their anceitor or anceftors, or thofe under whom they claim,
were or would have hereby been, and that this act, and fuch claufe or claufes herein
as relate to the matters aforefaid, may be given in evidence to a jury upon a trial
of any claim, matter, or right to any lands or tenements in queftion between party
and party, and that the chief juftice and judges upon all fuch trials fhall allow the
fame to be given in evidence fo far as the fame concerns the faid matter in difference..
IV. And, to prevent any difputes how claims are to be made to lands, and claims to be
what claims fhall be allowed to be good and effectual in this province, and that n-aclt; effedlual
, , . , , by fuit on! v.
the poffeffors of lands may know how and in what manner other perions having
or laying claim to any lands or tenements, in their poffeffion muft claim the fame, .
and alfo that perfons having right or title to lands or tenements poffeffed by others
may the better know how to claim or demand their right in fuch cafe, Be it enatJed\
That all and every perfon and perfons whatfoever making claim to any lands or te-
nements in this province, in order to make fuch claim effectual, fhall and are to
make the fame by action a.t law, duly entered in the general court of pleas in this
province.
£4o DIGEST OF THE
A. D. 1767. province, and that the chief juftice and judges of the faid court do allow of no
No. 163. claim to any lands or tenements, for or by any perfon or perfons, in any fuit or
fuits that may be brought, fued, or profecuted in the faid court, other than what is
or has been made by attion or fuit on record as aforefaid, any law, cuftom, ufage,
or practice to the contrary, notwithftanding.
Limitation of V. And be it further enabled, That all actions of trefpafs, qtiare claufum /regit, all
ctrtam actions. acylons 0f trefpafs, detinue, actions of trover and replevin for taking away of goods
and cattle, all actions upon account and upon the cafe, (other than fuch accounts as
concern the trade of merchandize between merchant and merchant, their factors or
fervants,/all actions of debt grounded upon any lending or contract: without fpecialty,
all actions of debt for arrearages of renf|p and all actions of aflault, menace, and bat-
tery, wounding and imprifonment, or any of them, which (hall be fued or brought
at any time after the palling of this act, fhall be commenced and fued within the time
and limitation herein after expreffed, and not afterwards, that is to fay, the faid
actions upon the cafe, (other than for flander) and the faid actions for account, and
the faid actions for trefpafs, debt, detinue, and replevin for goods and cattle, and the
faid actions of trefpafs, quire claufum f regit, within three years next after the palling
of this act, or within four years next after the caufe of fuch actions or fuits, and not
after ; and the faid actions of trefpafs, aflault, battery, wounding, imprifonment, or
any of them, within one year after paffing this act, or within two years next after
the caufe of fuch actions or fuit, and not after ; and the faid actions upon the cafe
for words, within fix months after paffing of this act, or within fix months next
after the words fpoken, and not after.
In cafe of-rever- VI. And neverthelefs be it enured, That if, in any of the faid actions or fuits, judg*
faiof judgment ment fhall be given for the plaintiff, and the fame be reverfed by error, or a verdict
"DiaintiiT niav
renew his acli- pafs for the plaintiff, and upon matter alledged in arreft of judgment, the judgment
on within ayear ^e gjven againit the plaintiff^ that he take nothing by his plaint, writ, or bill, or if any
•the faid actions fliall be brought by original, and the defendants therein be outlawed,
and fhall after reverfe the outlawry, that in all fuch cafes the party plaintiff, his heirs,
executors, or adminiftrators., as the cafe fhall require, may commence a new action
or fuit from time to time, within a year after fuch judgment reverfed, or fuch judg-
ment given againft the plaintiff, or outlawry reverfed, and not after.
In trefpafs dif- VII. And be it jurther enacled, That in all actions of trefpafs, quare . claufum fregit
claimtrandten- hereafter to be brought, wherein the defendant or defendants fhall difclaim in his or
when fuffident their plea, to make -any title or claim to the land in which the trefpafs is by the decla-
bar to anions. ration fuppofed to be done, and the trefpafs be by negligence, or involuntary, the
defendant or defendants fhall be admitted to plead a difclaimer, and that the trefpafs
was by negligence, or involuntary, and a tender or offer of fufficient amends for fuch
trefpafs before the action brought, whereupon, or upon fome of them, the plaintiff or
plaintiffs fhall be enforced to join iffue, and if the faid iffue be found for the defend-
ant or defendants, or the plaintiff «or plaintiffs fhall be non-fuited, the plaintiff or
plaintiffs fhall be clearly barred from the faid actions, and all other fuit concerning
the fame,
VI1L
V
%
LAWS OF GEORGIA. . - 141
VIII. And be it further enabled, That in ail actions upon the cafe for flanderous A.D. 1767.
words, to be fued orprofecuted by any perfon or perfons in the general court in this No- l(>^
province, or in any other court having power to hold plea for the fame, after the ln * tr' lf
palling of this act, if the jury upon the trial of the iffue in fuch action, or the jury der4q/:nomore
that .fhall enquire of the damages, do find or affefs the damages under forty fhillings, Covered ^
then the plaintiff or plaintiffs in fuch action (hall have and recover only fo much coils
as the damages fo given or affeffed amount unto, without any further increafe of
the fame, any law, ftatute, cuftom, or ufage to the contrary, in any wife notwith-
ftanding.
IX. Provided neroerthelefs, and be it further enabled, That if any perfon or perfons, Limitations not
that is or (hall be entitled to any fuch action of trefpafs, detinue, action of trover t0 ^ffed perfons
\ . underage or 2 1
replevin, actions of accounts, actions of debt, actions of trefpafs for afTault, menace, years,
battery, wounding, or imprisonment, actions upon the cafe for words, be or (hall be,
at the time of any fuch caufe of action given or accrued, fallen or come, within the
.age of twenty-one years, feme covert, tion compos mentis., imprifoned, or beyond feas,
that then fuch perfon or perfons fhall be at liberty to bring the fame actions, fo as they
take the fame within fuch times as before is limited, after their coming to or being of
full age, difcovert of fane memory, at large, or returned from beyond the feas, as
by other perfons having no fuch impediment, fhould be done.
X. And be it further enabled, That in all and every cafe where any penalty, fine, Time limited to
or forfeiture whatfoever, hath been, or fhall hereafter be inflicted or impofed bv any fixmo"thsafter
act or acts of the general affembly of this province already paffed, or hereafter to be covery of fines
pafTed, and the time of fuing or profecuting the offender or offenders againfl fuch acts and /°r^um
not thereby provided, no information, action, fuit, or profecution, fhall be had, provided for.
brought, iffued, or commenced againfl the offender or offenders againfl any fuch act
or acts, for, or in refpect of any fuch penalty, fine, or forfeiture, unlefs the fame be
done within fix months after the paffing of this act, if the offence hath been already
committed, and within the like fpace of* time after the offence committed, for the
future 4 and all and every offender and offenders againfl any fuch act or acts fhall
not from thenceforth be fubject or liable to any penalty, fine, or forfeiture, which
may thereby be inflicted or impofed, any law, ufage, or cuflom, to the contrary
thereof in any wife notwithftanding.
XI. Provided alfo, and be it further enabled. That nothing in this act contained This aft not to
fball extend, or be conflrued to extend, to take away ©r prejudice the claim of Sir ^/^"f thsir
William Baker, of the city of London, knight, or his heirs or affigns, in and to a Wm. Baker.
certain barony or tract of land within the parifh of Chrijl Church, in the province
aforefaid.
ALEXANDER WYLLY, Speaker.
JAMES HABERSHAM, Pre/idem.
James Wright.
March 16, 136].
An
i4? DIGEST OF THE
A. D. 1767. An Aft to prevent the bringing into and fpreading of malignant and contagious diflempers
No. 164. in this province ; to oblige majlers or commanders of vejfels going out of any port within
the fame frjl to produce a pajfport from the governor or cmnmander in chief; to prevent
the harboring of fck failors and others ; and for the regulating and well ordering of the
lazaretto upon the if and of Tybee.
March 26.
Part obfolete; and the ref repealed by ad of 1 795, No. 485.
No. 165. An Aft for granting to his majefy the fum of £1843 X1 A\ for ^e ufe and fupport of
the government of Georgia for the year 1767, to be raifed at certain rates and after the
method therein mentioned; and for the more effectual collefting of arrears.
March 26, 1767.
Gbfokte. *
No. 166. An Acl to empower the general court of pleas to grant ivrits of par-
tition of lands and tenements held in coparcenary, joint tenancy, and
tenancy in common, in this province, and appointing the method of
proceeding therein.
i-rcambk. "I^IC 7" HERE AS it would be inconvenient in this province to purine the method of*
yj « dividing lands and tenements by writ of partition as practifed in Great Bri-
tain, and it appears necefTary to provide a more eafy and lefs expenfive manner of
Ena&ed. obtaining partitions, Be it enafted, That, in all cafes where any perfons being of full
Partition of age are feized of lands in coparcenary, joint tenancy, or tenancy in common, or
1 jnds he:d in wkere anv iands or tenements mail defcend or be given to any perfon or perfons wfeat-
coparcenary, J ° » r r
&c. how to be ever in coparcenary, joint tenancy, or tenancy in common, and no provifion fhall be
obtained. made, by, will or otherwife, how fuch lands or tenements fhall be divided, it fhall
and may be lawful for fuch perfons being of full age, or either of them, immediate-
ly, and alfo for any one of fuch coparceners, joint tenants, or tenants in common,
who may be under age, when and fo foon as he or (he fhall attain to the age of twen-
ty one years, to apply to the general court of pleas for a writ of partition, (to be di-
vided and framed in the faid court according to the nature of the cafe;) and in cafe
he or (he fo coming of age fhall neglect fo to do, within the fpace of twelve mouths,
that then the guardian or guardians of htm, her, or them, remaining under age,
fhall be, and he, (lie, or they, is and are hereby empowered, if he, fhe, or they,
(hall think fit, to apply to the faid court for a writ of partition, of which application
twenty days notice fhall be given to the other parties concerned, their agents or at™.
tornies, and upon any fuch application, and affidavit made, of due notice having
been given as aforefaid, it fhall and may be lawful for the faid court to examine the
partitioner's title and part or fhare of . the premifes to be divided, and thereupon to
lffue a writ of partition, directed to any eleven perfons whom the court fhall think
LAWS OF GEORGIA. i#3
fit, requiring and commanding them, or a majority of them, to make partition ac- A-..D. 1767.
cordingly, they being firft fworn in court, or before one of the judges, or any ma- No. 166.
giftrate or other perfon or perfons for this purpofe nominated and appointed by or-
der of court, duly and impartially to execute fuch writ; and fuch partitioned, or
perfons named in fuch writ, fhall give eight days notice of the time of executing
thereof to all the parties concerned, their attornies or agents, and thereupon fliall
proceed to make a juft and equal partition and divifion of all fuch lands and tene-
ments, either in entire tracts or parcels, as they fhall judge to be in proportion to
the (hares claimed, and moft beneficial to the feveral coparceners, joint tenants, or
tenants in common, according to the bed of their knowledge, and fhail make return
thereof, under their hands and feals, to the faid court, within three months after
the ifluing of fuch writ, there to remain of record, which partition or divifion fo to
be made mall, by the judgment of the faid court, be final and conclufive to all parties
concerned, any law, ftatute, ufage, or cuftom to the contrary notwithstanding. Provided
always t That if the defendant or defendants, or perfon concerned, or either of them,
againft whom, or their right or title, any judgment is given, •fhall within the fpace
of twelve months after fuch judgment is entered, or in cafe of infancy coverture,
infanity of mind, or abfence out of the province, within one. year after his, her, or
their return, or the determination of fuch inability, apply themfelves to the court
where fuch judgment is entered, by motion, and fhew a good and probable matter
in bar of fuch partition, or that the demandant hath not title to fo much as he hath
recovered, then, and in fuch cafe, the court may fufpend or fet afide fuch judgment,
and admit the tenant and tenants to appear and plead, and the caufe fhall proceed ac-
cording to the due courfe of law, as if no fuch judgment had been given ; and if the
court, upon hearing thereof, fhall adjudge for the firft demandant, then the faid firft
judgment fhall ftand confirmed, and be good againft all perfons whatfoever, except
fuch other perfons as fliall be abfent or difabled as aforefaid, and the perfon or perfons
fo appealing fhall be awarded thereupon to pay colls, or if, within fuch time 01 times
as aforefaid, the tenants or perfons concerned, admitting the demandant's title, parts
and purparts, fhall fhew to the court an equality in the partition, the court may
award a new partition to be made in the prefence of all parties concerned, (if they
will appear) notwithftanding "the return and filing upon record the former, which
faid fecond partition returned and filed, fhall be good and firm for ever againft all
perfons whatfoever, except as before excepted.
II. And be it enabled by the authority aforefaid, That the perfons making fuch par- Parti doners to
titions fhall be allowed and paid a reafonable charge for the fame; and, in cafe the *?eal[°wedai
party or parties applying for fuch writ of partition fhall neglect or refufe to allow and pcnfation.
pay fuch charge, the fame fhall upon application be fettled and warded by the court.
ALEXANDER WYLLY, Speaker.
JAMES HABERSHAM, Prefident.
James Wright.
March 26, 1767.
* An
com-
144 DIGEST OF THE
A. D. 1767. An AB to regulate the making of cyprefs, oak and pine lumber, fla-ves, andjhingles, and to
N°- 167. ascertain the quality thereof.
March 26,
Repealed by aft of 1790, No. 445.
No. 168. An Ordinance for appointing packers and infpeBors for the ports of Savannah and l Sunbury 1
and afo cullers and infpeBors of lumber for the f aid. ports.
March 26.
Repealed by a8 ofl'jgo, No. 445.
No. 169. An AB to oblige the inhabitants of the town of Sunbury to clear and keep clear the feveral
fquares, flreets, lanes and common within the fame ; and to exempt the faid inhabitatits
from working upon the roads within the parifh of St. John.
March 26.
See a3 of 1791, No. 450-
No. 170. * An Aft for continuing federal laws of this province which are
near expiring.
The a& con- "^"IT T"HEREAS feveral wholeforae laws of this province herein- after mentioned
w"°xtfaonHna- ▼ V are near expiring, Be it enaBed, That an act paffed the feventh day of
ry courts of <.om- April, one thoufand feven hundred and fixty-three, entitled, an aB for holding fpe-
in 1763. cial or extraordinary courts of common pleas for the. trials of caufes arifing between
merchants, dealers, and others, and fhip-mafters, fupercargoes, and other tranfienfc
perfbiis, which was to continue and be in force for three years, and from thence to the
The act amend- end of the next feflion of the general affembly ; and alfo an act to amend the faid act,
"If th£jr aib°^e paffed the fixth day of March, one thoufand feven hundred and fixty-fix ; and alfo
1766. an aB paffed the feventh day of April in the year of our Lord one thoufand fe\en
Afi aft to pre- hundred and fixty-three* entitled, an act to prevent damages which may arife from.
from dzra&S& ^arns or hanks for referving or flopping of water, which was to continue and be -ia
paffed in 1763. force for three years, and from thence to the end of the next feflion of the genera}
An act for the affembly ; and alfo an aB, paffed the twenty-ninth day of February, m the year o£
punifhment of our Lord one thoufand feven hundred and fixty-four, entitled, an act for the p-unifti-
td "in j 764'. ment of vagabonds, and other idle and diforderly perfons, and for erecting prifons or
places of fecurity in the feveral parifhes of this province, and for preventing trefpaffes
on lands of the crown, or lands referved for the Indians, and the more effectual
fupprefling and punifhing perfons bartering with the Indians in the woods, whieh was
to continue and be in force for the term of two years from the time of the pafling
thereof, and from thence to the end of the next feflion of the general affembly j alfo
An a& for the an aB, paffed the fixth day of March, one thoufand feven hundred and fixty-fix, en-
rehefofdehtorsj t^e(j an act for the relief of debtors who may be confined in gaol, and are unable to
raffed in 1766. ' * ° *
iupport
* See a<ft of 1770, No. 203, further continuing certain laws.
LAWS OF GEORGIA.
*45
fupport themfelves during fuch their confinement, which was to continue and be in A. D. 1767.-
force for one year, and from thence to the end of the next feffiora of the general af~ No- J7°'
femblv ; and alfo an acJ, pafTed the fourth day of March, one thoufand feven hun- An a& to oblige
• o 1 • n r rr r i mailers of vei-
dred and fix^y-two, entitled, an act to oblige mailers of vends, fupercargoes,.and other feis, &c. to pay
tranfient perfons, importing goods and merchandife into this province, to pay tax for *ax , g00^*
the fame> wich was to continue and be in force for and during the term of five years ed in 1762.
from the paffing thereof, and from thence to the end of the next feflion of the ge- Continued for
neral afTembly, fhall feverally and refpee~lively continue and be further in force for the . u.me jjerem
and during the term of three years from the paffing of this act, and from thence to
the end of the next feflion of the general affembly, and no longer.
ALEXANDER WYLLY, Speaker..
JAMES HABERSHAM, PrefdenU
James Wright*
March 26 y 1767.
An Act to further amend an Aft for the better regulating taverns, punch hotifes, and: No. 00.
retailers of fpiritous liquors*.
March 26.
Repealed by a3 of 1 79 1 , No. 449,.
An Ail for eflablijhing a jurifdiclion for the trial of negroes and other fiaves, and other No. i\ti
perfons therein mentioned, direcling the mode of evidence and trial, and for the punijh-
ment of crimes and offences committed by them; and alfo for making other necejfary- re-
gulations relating to fuch Jlaves and' other perfons.
April 11, 1768.
See aS ef 1 770, No. 204.
An At! to empower the commiffioners therein named to put up to f ale,, for the benefit of the No. 17 m
public, the ferry over Great Ogechee river, at a place called the Pine Bluff, for a term
of five years, and to authorize the faid commiffioners to infpeEl and regulate the faid ferry.
April 11.
See a3 ^"1773, No. 22.1.
A, D. 1768.
An AH for eflablijhing fcueral ferries in this province, and for vefing *jo, ,73.
the fame in the perfons therein mentioned.
WHEREAS the eftablifhing of the feveral ferries herein after mentioned will Preamble,
be greatly to the advantage' and conveniency of perfons travelling through
this province, Be it therefore enabled, That immediately from and after the paffing of Enacted.
this aft, a public ferry fhall be, and the fame is hereby eftablifhed, from the town of
T Ebenezer^
!4'5
DIGEST OF THE
A. D. j 768.
No 173.
Ferry eftablifh-
ed on Savannah
river at Ebene-
rer.and two fer-
ries on J5riar
creelc, one at
Milltown and
1 lie other at the
upper public
road, one atAu-
gufta, & at Fort
JBanington.
Ebenezer, upon Savannah river, to the bluff on the oppofite fhore ; as alfo two fer-
ries over Briar creek, one at a place called Milltown, and the other at the upper pub-
lic ro?.ds ; alfo a ferry from the center of the town of Auguila, upon Savannah river,
to the bluff on the oppofite fhore, in the province of South Carolina ; and alfo a fer-
ry over the river Alatamaha at Fort Harrington*
The remainder of this ail is obfolete or expired.
ALEXANDER WYLLY, Speaker.
N. JONES.
James Wright.
April 1 1, 1768.
No. 174,
Preamble.
Enacted.
An AH for regulating the qffize of bread.*
WHEREAS the regulating the price and affize of bread is abfolutely necelTary,
to prevent evil difpofed perfons from taking advantage, for their own gain
and lucre, to deceive and opprefs his majefty's fubje£ls, and more efpecially the
poorer fort of people are thereby greatly diftreffed, for remedy whereof, Be it enabled,
That, from and after the palling of this aft, no perfon or perfons whatfoever fhall
make for fale, or fell or expofe to fale, within this province, any fort or forts of foft
bread made of wheat, other than the feveral forts herein after mentioned, viz. white,
Bread for fale wheaten, and houfehold bread, all which feveral forts of foft bread fhall be made in
seroace. t^gjj. feverai and refpetlive degrees, according to the goodnefs and finenefs of the
feveral forts of flour of which the fame ought to be made 5 and when fine wheat
flour is fold in Savannah at any of the rates herein after mentioned, the aflize and
weight of the faid white, wheaten, and houfehold bread, refpetlively, are, and fhall
be fet and afcertained according to the following table in avoirdupois weight, and fo
proportionably when fine flour fhall be fold in Savannah for more or lefs money than
is fpecified in the faid table^ wherein the white loaves fhall always be one half, and the
wheaten three quarters of the weight of the houfehold loaves.
A Table of the ajjize of BREAD, in pounds, ounces, and drams, avoirdupois weight.
FOUR PENNY LOAF.
rice
of flour per 100 lb.
White
•
Wheaten.
Houfehold.
Shillings.
lb. oz.
dr.
III. oz, dr.
lb. oz. dr.
IO
2 II
4
4 12
568
I I
2 7
4
3 11 2
4 14 8
12
2 4
0
360
480
*3
2 I
3
3 > »»
4 2,6
14
1 14
*3
2 14 3
3 *3 IO
*5
I 12
12
211 2
3 9 8
16
I 11
0
3 8 8
3 6 °
17
1 9
6
261
3 2 12
18
1 8
0
24 0
300
*9
1 6
11
220
2 13 6
20
1 5
9
205
2 11 12
* This act appears to have been made principally for Savannah,
Sec acT. 0/1789, No. 430.
TWO
The town has fince been incorporated.
LAWS OF GEORGIA.
147
TWO PENNY
LOAF.
?
A. D. 1768,
Price of flour per 1 00 lb .
White.
Wheaten.
HoufeholcL
No. 174.
Shillings.
lb. oz. flV.
lb. oz. dr.
16. oz. dr.
IO
1 15 IO
2 0 9
211 4
11
1 3 IO
1 13 9
2 7 4
12
1 2 0
in 0
24O
13
1 0 10
1 8 14
2 I 3
H
0 ij 7
1 7 2
1 H 3
'5
0 14 6
1 5 9
I 12 12
16
0 13 8
1 4 4
III O
m
0 12 n
1 3 1
I96
18
0120
120
i 8 0
l9
0 11 6
1 1 0
1 611
20
0 10 13
1 0 3
1 5 *4
PENNY LOAF.
10
0 10 13
104
1 5 10
11
0 9 13
0 14 12
1 3 10
12
090
0 13 8
I 2 Q
13
085
012 7
IO9
*4
0 7 11
0 11 9
0 15 6
*5
°73
0 10 12
0 14 6
16
0 6 12
010 2
0 13 8
17
065
098
0 12 11
18
060
090
012 0
19
0 5 11
088
0 11 5
20
0 5 6
0 8 1
0 ic 15
And fo in proportion to the above table when the price of flour fhall be more or lefs
than is therein mentioned, or for loaves of other denominations.
II. Requiring prices- of flour to be publifhed. — Obfolete.
III. And, to the intent the good defign of this act may be effectually complied Bakers to mark
with, Be it further enaEled, That every baker, or other perfon making bread for fale, tnhill letters1 of
or expofing the fame to fale, fhall mark or imprint, or caufe to be fairly marked and theimamcs.and
tn^ Dricc or ror-
imprinted, on every loaf fo by him or her made, the price of fuch loaf, together fat the value
with the initial letters of his 6r her name, that the baker and price thereof may be the therect and l0J-
more diftinctly known;, and if any baker or bakers, or any other perfon making
bread for fale, or expofing the fame to fale, fliall not obferve the aflize afcertained
by this act, or fhall bake or make for fale, or fell or expofe to fale, any of the forts
cf bread before mentioned, wanting the due weight, or not marked as aforefaid,,
he, fhe, or they being thereof convicted, on the oath of one or more credible wit-
nefles, before one or more juftices of the peace of the diftrict where fuch baker, or
other perfon expofing the fame to fale, fhall refide, fhall, for every fuch offences
forfeit the value of fuch bread for the ufe of the poor of the parifh where fuch
offence fhall be committed, and alfo pay a farther fum, not exceeding ten millings,
to be levied by diftrefs and fale of the offender's goods and chattels, by warrant'
from the faid juftice or juftices before whom fuch conviction fhall be made, to be
given for the ufe of the informer or informers.
E8E.
#
M8 DIGEST OF THE
A. D. 1768. IV. And be it further enabled, That if any baker or feller of foft bread, as herein
No. 174. before mentioned, fhall put, into any fuch bread by him or her fold, or expofed to
Bread made of ^a'e> anY m»xiure other than what fhall be necefTary for the well making or baking
fraudulent mi>- thereof, to be judged of by the juftice or juftices trying and examining the fame,
feited, and the every fuch perfon fo offending fhall, for every fuch offence, forfeit all fuch bread fo
maker to for- fraudulently mixed for the ufe of the poor of the parifh where the offence fhall be
committed, and alfo a fum not exceeding twenty (hillings, for the ufe of the in-
former or informers, to be recovered in manner before directed; Provided always y
That no perfon fhall be convicted, in manner aforefaid, for any of the offences be-
forefaid, uniefs the fame fhall be profecuted within three days next after fuch of-
fence fhall be committed,
fufticesmay en- V. And be it further enabled, That it mall and may be lawful for any juftice or
ter bake houfes iuftices 0f the peace, at all times hereafter, in the day time, to enter into any houfe,
and feize all J r . '
bread not made fliop, flail, bakehoufe, or warehoufe, of or belonging to any baker or feller of bread,
a* dir^defl bX and there fearch for, view, or try and weigh all and any of the bread mentioned in
this act, of fuch perfon or perfons, or which fhall be there found, and if any fuch
bread fo found fhall be wanting either in goodnefs of its materials, or not be duly
baked, or wanting in its due weight, or not marked as aforefaid, or fhall be compofed
of or made up with any other materials than what is allowed by this act, then, and
in every fuch cafe, it fhall be lawful for the faid juftice or juftices to feize and take
the faid bread fo found, and caufe the fame to be given and distributed to the poor
of the parifh where fuch feizure fhall be made ; and if any baker or feller of bread,
or other perfon, fhall not permit and fuffer fuch fearch and feizure to be made, or
mall oppofe, hinder, or refift the fame, he, (he, or they, fo doing, fhall, for every
fuch offence, forfeit the fum of five pounds fterling to the ufe of the poor of the
faid parifh, to be recovered in the fame manner and form as before directed.
Perfons con- ^' Pwv'ded always, and be it further enabled, That if any perfon or perfons, con-
vicled of offen- victed of any offence againft this act, fhall think him, her, or themfelves aggrieved,
cesmayappsa, ^ Q^, or they, fhall or may immediately, or within three days after fuch conviction,
make his or her appeal in writing, to any two juftices of the peace, of the diftrict
where fuch conviction fhall be made, by whom the fame {hall be heard and finally
determined, within ten days after fuch appeal made ; and if the faid perfon or perfons
fo appealing fhall not make good his, her, or their appeal, or profecute it with effect,
the faid juftices fhall award fuch cofts as they fhall think reafonable to the profecutor
or informer, and in cafe fuch perfon or perfons refufe to pay the faid cofts, to com-
mit the offender or offenders to the common gaol, uniefs they give fufficient fecurity,
until he, (he, or they fhall make payment of the faid cofts, and alfo the penalty ad-
judged on the conviction, to the informer ; but in cafe the faid appellant or appel-
lants (hall make good his, her or their appeal, and be difcharged of his, her or their
conviction, the alike reafonable cofts fhall be awarded to the appellant or appellants
againft fuch informer, to be recovered as aforefaid.
VII. And be it further enacled, That if any action or fuit fhall be commenced or
brought againft any perfon or perfons whatever, for doing or caufing to be done, any
thing
LAWS OF GEORGIA. 149
thing in purfuance or execution of this a£t, or relating thereto, the defendant in every A. D. 1768.
fuch action or fuit may plead the general iffue, and give the fpecial matter and this No- *74«
a& in evidence, and if the plaintiff be nonfuited, or difcontinue his aaion, or a ver- f/0^^6 £
di£t be given againft, or judgment be otherwife given for the defendant, every fuch fuits forexecut-
defendant (hall have and be allowed his double cofts. ing
VIII. And be It further enabled by the authority aforefaid, That this act (hall be and
continue in force for three years, and from thence to the end of the next feflion of
the general aflembly, and no longer.*
ALEXANDER WYLLY, Speaker.
N. JONES.
James Wright.
April 11, 1768.
* Made perpetual by act of 1783, No. 270.
An AEl to prevent as much as may be, the fpreading of the fmall pox in this province. No. i>jj
April II.
Obfolete.
in AEl for granting to his majefly a duty upon raw meat hides, exported from this province, No. 176.
and for preventing the exportation of unmerchantable tanned leather*
April 11.
Obfolete.
An Aft to explain an acl, entitled " An atl for afcertaining the qualification of jurors, No. 177.
and for eflablifhing the method of ballotting and fummoning jurors in the province of
Georgia."
April 1 1.
Obfolete.
An Acl: to empower the church-wardens and vejlry of the parljh of No. 178.
Chrifl church to enlarge the cemetery or public burial ground at
Savannah^ and to enclofe the fame,
WHEREAS the cemetery or public burial ground for the parifh of Chrifl Preamble.
church, notwithftanding the addition made thereunto by an act of the gene-
ral aflembly pafled on the feventh day of April in the year of our Lord one thoufand
feven hundred and fixty-three, is apparently too fmall to anfwer the purpofes thereby
intended, and it appearing neceflary to make a further addition thereto, Be it there- Enafted.
fore £iiacled, That immediately after the pafling of this acl, it (hall and may be lawful
to
iSo DIGEST OF THE
A. D. 1768. to and for tlie church-wardens and veftry of the parifh of Chrift church aforefaid for
No. 178. the time being, and they are hereby authorized and empowered to lay out an addition
Church-ward- 0f one hundred and feventy feet in length of and from the common of the town of Sa-
to enlarge the vannah, and adjoining to the eaftward the prefent cemetery or public burial ground,
cemetery. an(j tkat the addition fo laid out, raade? and extended, fhall from thenceforth for ever
be and remain as part and parcel of the faid cemetery or public burial ground, and
that the church-wardens and veftry of the faid parifli for the time being fhall be, and
they are hereby empowered to enclofe the fame accordingly at their difcretion, any
thing in any law heretofore enacted to the contrary notwithstanding.
ALEXANDER WYLLY,, Speaker..
N. JONES.
James Wright-.
April 1 1, 1768.
No. 179. -An Alclfor amending an acl, entitled, " An Aft to prevent frauds and
deceits in felling beef pork, pitch, tar, turpentine, and fire wood"
HERE AS the act of the general aflembly, paffed the fixth day of March in
the ye.vr of our Lord one thoufand feven hundred and fixty-fix entitled, " an
act to prevent frauds and deceits in felling beef, pork, pitch, tar, turpentine, and
fire wood," is found to be deficient in refpect of the regulations therein directed, as
to the packing and infpecling beef and pork, for remedy whereof, Be it enaEled,
Barrels of beef That from and after the firft day of May next enfuing, every barrel, in which beef
and pork how or p0r]- {hall be packed, and expofed for fale in this province, (hall contain and eauee
muth to 6on- r - '' rr.,r • n" '\ o &
tain. thirty two gallons, and be made of feafoned timber, as directed by the. faid recited
act, and (hall have on each barrel not lefs than twelve found and fufficient hoops.
Towei<rh22oib. ^' -^/7^ be it further enaEltdy That from and after the faid firft day of May, every
and of what barrel of beef or pork, packed and fold in the province, fhall contain two hundred
and twenty pounds weight of wholefome well, cured meat in the fame, after being
falted at leaft ten days, and carefully packed with a fufficient quantity of dry fait,,
and well pickled, and not more than one (hank, half the neck, and no head, in each
barrel of beef, and not more than two heads in each barrel of pork.
The infpeclors HI. And be it further enaEled,- That the brands to he ufed by the feveral packers
to brand all an(i infpectors, according to the directions of the faid a£fc, {hall have the name of
barrels with the r ' b . . '
name of the pa- the parith where the beef or pork, is mfpected under that of the province,, and, alfo
run, and their the names 0f tbe infpectors at full length, and fuch infpectors and packers are. hereby
length. directed to furnifh themfelves with fuch brands, and to brand the feveral barrels of
beef and pork by them infpected on the head, according to the directions of,, and
under the penalty in the faid act mentioned and inflicted*.
IV. And be it further enaSled by the authority afore/aid. That the before recited a£t>(
and this a<fr, fhall continue and be in force for and during the term of three years and
from
LAWS OF GEORGIA.
151
from thence to the end of the then next feffion of the general aiTembly, and no longer, A. D. 1768,
any thing contained in the faid recited act to the contrary notwithltanding.* No. 179.
N. W. JONES, Speaker.
JAMES HABERSHAM, Prefident.
James Wright.
December 24, 1768.
•Perpetuated by act of 1783, No. £79.
f An Aft for continuing the fever al laivs therein mentioned. Obfolete. Noi Igo.
April 11, 1768.
WHEREAS feveral wholefome laws of this province are near expiring, and it
is expedient that they fhould be further continued, Be it enabled, That an atl
paiTed the fixth day of March, one thoufand feven hundred and fixty-iix, entitled,
an act, for amending an act for regulating the pilotage of veiTels into the feveral ports
of this province, which was to continue and be in force for two years, and from
thence to the end of the next feffion of the general aiTembly : And alfo an aB for
railing a fund by an import on {hipping to defray the expenfes of keeping in repair or
rebuilding the light houfe and pilot houfe on Tybee illand, paiTed the twenty-fifth
day of March, one thoufand feven hundred and fixty-five, which was to continue and
be in force for three years, and from thence to the end of the next feffion of the general
afTembly: And alfo an aB, palled the twenty-fifth of March one thoufand feven hun-
dred and fixty-five, entitled, an act to amend an act to px-event private perfons from
purchafing lands from the Indians, and for preventing perfons from trading with them
without licenfe, to continue and be in force for three years, and from thence to the
end of the next feffion of the general aiTembly : And alfo an atl pafled the twenty-fifth
of March one thoufand feven hundred and fixty-five, entitled, an act to prevent
frauds and abufes in admeafuring and laying out of his majefty's lands within this pro-
vince, which was to continue and be in force for three years, and from thence to
the end of the next feffion of the general aiTembly •, fhall feverally and refpectively
continue and be further in force for and during the term of one year from the paffinp-
of this act, and from thence to the end of the next feffion of the general aiTembly, and
no longer.
ALEXANDER WYLLY, Speaker.
N. JONES.
James Wright,
April 11, 1768.
1
f See act of 1770, No. 203, continuing certain laws.
The act for a-
mending the pi-
lotage a 61 paffed
6th March,
1766.
Act for raifing
a fund by an
import on (hip-
ping, &c. pafled
2.5th March,
1765-
Act to amend
the act to pre-
vent private
perfons purcha-
sing lands from
the Indians,
paffed 25th
March, 1765.
Act to prevent
frauds, &c. in
admeafuring
lands, paffed
25th March,
I765-
Continued to
the time herein
fpecrfied.
An Ordinace appointing Benjamin Franklin, Efquire, agent to folicit the affairs of
this province in Great Britain.
April 11.
Obfolete. An
No. 1S1.
152 DIGEST OF THE
A. D. 1768. An additional Acl to the acl of the general affembly, entitled, " An acl to- empower the"
No. 182. fever al commijjioners or purveyors hereafter named to lay out and make fuch public roads;
in the province of Georgia as are herein after mentioned and direcled, and to continue
H work upon-, clear, repair and improve the fever al roads already laid out, and alfo the-
rivers and creeks within their feveral and refpetUve divifions '," for dividing the fecond
, north-wef div'fion of the roads in this province into two parts ; for eflablijhing a divifton
upon the north fide of Great Ogechee river, in the parifh of St. Matthew ; and for
empowering the commiffioners or furveyars of roads in the third fouth-wef divifton to lay-
out a public road within the fame, and for appointing additional commijjioners or furveyori
for the faid divifion.
April 1 1 .
Obfolete.
No. 18.3. An AS for granting to his majefiy the fum 'of £ 337 5 4 1 for the ufe and fupport of~
the government of Georgia for the year i*]6iS, to be raifed at certain rates and after the'
method therein mentioned; and for the more effectual collecling of arrears.,
April 11.
Obfolete.
Ne. 184. An Ordinance for appointing Robert Nicholas, Efq. comptroller and colleclor of the country
duties of the port of Sunbury, in the room of Francis Lee, Efq. deceafed..
April 11.
Obfolete.
No. j 83; J_n Ordinance for appointing infpeclors of tanned leather at the ports of Savannah and
Sunbury in this province^
April 11.
Obfolete*.
No. 186. An Acl to empower the commiffioners appointed in and by an acl of the general affemhlyXl
entitled " An acl to lay a duty upon, negroes and other flaves that have been above fix
months in any of the ifands or colonics in America and imported for fale in this province^
and for appropriating the fame towards the repairing or rebuilding the light, haufe om
Tybee if and ;, and to prevent negroe convicls being imported into and fold in this pro-
vince" to build a new lighuhoufe on any part of the land refervedfor the ufe thereof upon
the j aid if and ; and alfo for procuring an accurate furvey and. chart of the fea coafls and,
inlets of this province,, and publifhing the fame \ and for granting to his majefy the fum'
of '£1,100 for the faid purpofes, and for appointing and empowering commiffioners to
iffue certificates for that fum^ and for finking the fame ; * and for further continuing the
ails herein after mentioned*
December 24.
Obfolete* A&
* The acts couthmed by this acl: are : An act for laying a duty upon negroes, &c. and an act for railing a
fund by an impoft on fhipping.— -Both obfolctt.
LAWS OF GEORGIA. 153
An Atl to amend and continue " An Atl for the efiablifhing and regu- A-D- !768-
lating patrols, and for preventing any perfon from .pur chafing pro- No' * 7'
njifions or any other commodities from, or felling fuch to any flave,
unlefs fuch flave fhall produce a ticket from his or her owner, ma-
nager or employer"
WHEREAS the feventh and ninth claufes of the act for the efiablifhing and Preamble.
regulating patrols, and for preventing any perfon from purchafing provi-
fions or any other commodities from, or felling fuch to any flave, unlefs fuch flave
fhall produce a ticket from his or her owner, manager, or employer, do refer to the
act of the general affembly of this province, entitled " An act for the better govern-
ing negroes and other flaves in this province," and to prevent the inveigling or car-
rying away flaves from their mafters or employers, of which act his majefty hath
declared his royal dilallowance, and the feveral directions therein contained, and to
which the faid firft recited act doth refer, are thereby annulled and of none effect',
by which means many inconveniencies have arifen; to remedy which, Be it enaB-edt Enacted.
That immediately from and after palling of this act, it fhall not be lawful for any No flaves (ball
flave, unlefs in the prefence of fome white perfon, to carry or make ufe of fire arms, "rry ^jf™'^
or any offenfive weapon whatfoever, unlefs fuch flave fhall have a ticket or licenfe in rhe prefence of
writing from his mafter, miftrefs, or overfeer, to hunt and kill game, cattle, or f°jfei^L^]j^I
mifchievous birds or beafts of prey, and that fuch licenfe be renewed every week, or tain times.
unlefs there be fome white perfon of the age of fixteen years or upwards in the com-
pany of fuch flave when he is hunting or mooting, or that fuch flave be actually car-
rying his mafter's arms to or from his mafter's plantation by a fpecial ticket for that
purpofe, or unlefs fuch flave be found in the day-time, actually keeping off birds
within the plantation to which fuch flave belongs, loading the fame gun at night,
within the dwelling houfe of his mafter, miftrefs or white overfeer : Provided al- Provi'fo.
ways, That no flave fhall have liberty to carry any gun, cutlafs, piltol, or Other offenfive
weapon, abroad at any time between Saturday evening after fun fet, and Monday
morning before fun rife, notwithftanding a licenfe or ticket for fo doing.
II. And be it further enabled, That in cafe any or either of the patrols, efiablifhed Patrol mayfuze
or to be eftablifhed within this province, by virtue of the faid act, on fearching and °^ ^ourKTTii
examining any negroe houfe for offenfive weapons, fire arms and ammunition, . fhall negroe hou&&,
find any fuch, or in cafe any perfon fhall find any flave ufing or carrying fire arms or
other offenfive weapons, contrary to the intent and meaning of this act, fuch patrol,
or perfon or perfons, may lawfully feize and take away fuch offenfive weapons, fire
arms, and ammunition, but before the property thereof fhall be veiled in the perfon
or perfons who fha-ii feize the fame, fuch perfon or perfons fhall, within three days
next after fuch feizure, go before a juftice of the peace, and fhall make oath of the
manner of taking thereof, and if fuch juftice of the peace, after fuch oath made, or
upon due examination, fhall be fatisfied that the faid fire arms, offenfive weapon, or
ammunition, fhall have been feized according to the directions, and agreeable to the
II true
&c
154 DIGEST OF THE
A. D. 1768. true intent and meaning of this act, the faid juftice fhall, by certificate under his hand
No. 187. and feal, declare them forfeited, and that the property is lawfully vefted in the perfon
Provifo. or perfons who feized the fame j Provided ahuayss That no fuch certificate fhall be
granted by any juftice of the peace until the owner or owners of fuch fire arms, or
other ofFenfive weapon, fo feized as aforefaid, or the overfeer or overfeers who fhall
or may have the charge of fuch flave or flaves from whom fuch fire arms or other
offenfive weapon fo taken of feized, fhall be duly fummoned to fhew caufe why the
fame fhould not be condemned as forfeited, or in cafe of non-appearance until three
days after the fervice of fuch fummons, and oath made of the fervice thereof, before
the faid juftice.
III. IV. V. Prohibiting perfons trading with negroes without the licenfe or con-
fent of owners. — Re-enacted with alterations by act of 1770, No. 204, Sect. 31,
32> 33-
The fourth VI. And whereas it has been found, that the number of perfons exempted in and
claufe of the pa- jjy ^ fourth claufe in the faid act from the patrol duty, renders the faid duty very
exempt the per- burthenfome upon the inhabitants in the town of Savannah, who are by law obliged
fons mentioned t0 perform the fame, Be it therefore enaBed, That the faid fourth claufe fhall not ex-
therein trom pa- x , • , • •
tror duty in Sa- tend, or be conftrued to extend, to exempt the feveral perfons therein mentioned,
eov^rn'r 'd De*ng above the age of fixteen and under the age of fixty, and refiduig in the town
the minifters of of Savannah, or hamlets of Yamacraw, Ewenfburg, and the Truftees Gardens, (the
c.epttd° P£ CX" governor or commander in chief for the time being, and minifters of the gofpel, only
excepted) from being fubject to fuch patrol duty in the faid town of Savannah, and
hamlets aforefaid, in the fame manner, and liable to the fame penalties and forfeitures,
as in and by the faid recited act is particularly mentioned and declared.
Nightly difor- VII. And in order to prevent nightly diforders and riots in the town of Savannah,
dcrs and riots Be it further enaEledy That every patrol, appointed and to be appointed to do duty in
vented: ' tne ^d" town by virtue of the faid acl:, fhall be, and they are hereby empowered, in
cafe of any riot or difturbance being made by any diforderly white perfon or perfons,
either in the ftreets, fquares, or lanes of the faid town, or in any tippling houfe, tavern,
or punch houfe, within the fame, or within the diftrict of the faid patrol, calling
neverthelcfs a lawful conftable to their affiftance, before they fhall enter fuch tippling
houfe, tavern, or punch houfe, to apprehend and take into cultody fuch white perfon
or perfons, and him or them fafely to keep until the next morning, except fuch perfon
or perfons fhall be apprehended and taken in any fuch tippling houfe, tavern, or
punch houfe, in which cafe the conftable fo called to the afllftance of fuch patrol,
fhall continue in the charge of fuch offender or offenders, when fuch patrol or patrols
fhall deliver fuch offender or offenders to the cuftody or charge of fome one of the
conftables appointed for the faid town, who are hereby directed to take charge of
fuch offender, and convey him or them, at or before the hour of nine in the forenoon
of the fame day, to fome one of the juftices of the faid town, who, upon proof of
fuch offence, fhall, and he is hereby empowered to inflict a fine not exceeding ten
{hillings, upon fuch offender or offenders, to be recovered by warrant under the hand
and feal of fuch juftice, and applied one half to the patrol who fhall apprehend^ and
the other half to the conftable having charge of fuch offender or offenders.
VIII.
LAWS OF GEORGIA. 155
VIII. And be it further enacted, That the faid before recited aft and this aft flia.Il A. ,D. 1768
continue and be in force for and during the term of one year, and from thence to the No. 187.
end of the next feflion of the general afTembly, and no longer, any thing in the faid Contmuation.of
0 . n . ., J this and the be-
recited act to the contrary thereof notwithstanding.* fore recited a<a.
N. W. JONES, Speaker.
JAMES HABERSHAM, Breftdeni.
James Wright
December 24, 1768.
* Farther continued by adr of 1770, No. 203 ; and further continued by acl of 1773, No. 224, for one year,
and to the end of the next feflion of the general afienibly, which was held 101777; ; nd finally made perpetual
by acl of 1784, No. 287.
An Acl to prevent fraudulent mortgages and conveyances, and for No. 188.
making valid all deeds and conveyances heretofore made, vuith re-
fpeel to any defeel in the form and manner of making thereof vuith
certain rejlriElions*
WHEREAS notorious frauds have been committed by evil difpofed and de- preamble,
figning perfons, who frequently mortgage and borrow money on fecurity
of lands and flaves, having before conveyed, fold, or mortgaged the fame, and the
recording of all deeds and conveyances of lands, tenements, negroes, and other chat-
tels, will greatly tend to the fecuring the titles of the proprietors or mortgagees, and
prevent fuch frauds for the future, Be it therefore enabled, That all and every deed EnacTed.
and deeds of fale, mortgage, or conveyance of any lands, tenements, negroes, or Deeds of file,
other goods and chattels, heretofore made in this province, and which fhall be re- rec'es &cdS'
corded in the fecretary's office of this province, within fix months after the paffing of where and in
this acl:, except fuch as have been made and executed in any of the Britifh illands, ^coy^ed.C t0 C
or in any other of the colonies on the continent of North America, which fhall be
recorded within nine months, and except alfo fuch as have been made and executed
in Great Britain or Ireland, which fhall be recorded within twelve months, and all
deeds of fale, mortgages, or conveyances, made and executed within this province,
from and after the firlt day of January next enfuing, being recorded as aforefaid,
within ten days after the execution thereof, fhall be deemed3 held, and taken as the
firft deed of fale, mortgage, or conveyance, and fhall be allowed, adjudged, and
held valid in all courts of judicature within this province, any former or other fale,
mortgage, or conveyance, being of the fame lands, tenements, negroes, and other
goods and chattels, and not recorded as aforefaid notwithflanding.
II. Provided always, and be it further enabled, That neverthelefs if it fhall fo How to proceed
happen there be more than one mortgage at the fame time made by any perfon or where there are
r r , i r more mortgages
perfons to any perfon or perfons of the fame lands and tenements, negroes, goods than one.
or chattels, the feveral late or under mortgagees, who fhall have recorded their mort-
gages,
* Sec alterations made by act of 1785, No. 311, as to the recording of deeds and other conveyances of
lands and tenements.
156 DIGEST OF THE
A. D. 1768. gages, his, her, or their heirs, executors, admiftrators, or affigns, fhall have power
No. 188. ro redeem any former mortgage or mortgages, recorded as aforefaid, upon payment
of the principal debt, intereft, and cofts of fuit, to the prior mortgagee or mortgagees,
his, her, or their heirs, executors, adminiftrators, or affigns, any thing contained to
the contrary thereof in any wife notwithstanding ; and all and every perfon and per-
fons who fhall mortgage the fame lands, tenements, negroes, goods or chattels, a
fccond time, the former mortgage thereof being in force and not difcharged, and
fhall not difcover to the fecond mortgagee the former mortgage in writing, under
his or their hands, fhall have no relief, power, or liberty of redemption whatfoever,
in equity or otherwife, of and in the faid after mortgage or mortgages.
Widow rot br,r- III. provided alfo, and be it further entitled, That nothing in this act contained
mort£a„.ed fhall be construed, deemed, or extended to bar any widow of any mortgager of lands
bnds, unlefs the or tenements from her dower and right in and to the faid lands or tenements, who
rclinquiflied. ^ not legally join with her hufband in fuch mortgage, or otherwife lawfully bar or
exclude herfelf from fuch her dower or right.
Defects of And, to the end that no perfon may hereafter fuffcr any inconvenience in
deeds, &c. in recording their title deeds, by expofing the defedts thereof, It is hereby further en-
&""*!] ot fata™' a^s^ and declared, That no deed of feoffment, bargain and fale, deed of gift, or
other conveyance, of any lands or tenements whatfoever heretofore made, fhall be
impeached or fet afide in any courts of law or equity for want of attournment or
livery and feifin, or inrolment, or for that fuch conveyance hath been been macie
by way of affignment or endorfement on any other deed or conveyance without other
ceremony, nor for any other defect in the former or in the manner of the execu-
tion of any fuch deeds or conveyances, or of the endorfements or affignments there-
of, either in the firft deed, or in any of the mefne conveyances derived therefrom:
Provifo. Provided neverihe!efsy That in cafe of the validity of fuch feoffment, bargain and
fale, deed of gift, or other conveyance of lands or tenements, fhall be questioned,
the legal and ufual proofs fhall be made that the rights were and would have been
in the perfon or perfons conveying, if fuch defects had not happened in the form of
fuch deeds or conveyances, or in the manner of the execution of the fame as aforefaid.
V. And be it further enabled, That this act fhall continue and be in force for and
during the term cf three years from and after the palling thereof, and from thence
to the end of the nextfeffion of the general affembly, and no longer.*
N. W. JONES, Speaker.
JAMES HABERSHAM, Prefdent.
James Wrtght.
December 24, 1 768.
* Continued for one year by act of 1 733, No, 224, and to the end of the next affembly, which was held in
1777, and further continued by acT; of that year. Being in force in 1776 the fame is perpetuated ny ad of
1784, No. 287.
No. 189. -An Ac! for the encouraging the cultivation of hemp, fax, and wheat; and for regulating
the infpetlion of hemp, fax, and wheat four.
December 24.
Expired.
LAWS OF GEORGIA. 157
An AH for granting to his majefly the fum of £3046 16 8i for the life and fupport of A. D. 1768.
the government of Georgia for the year 1 779> to be raifed at certain rates and after the No. 190.
method therein mentioned; and for the more effeblual collecting of arrears.
December 24.
Olfolete.
A. D. 1770.
An ASl for the better fecurity of the inhabitants, by obliging the male No. 191.
ewhite perfons to carry fire arms to places of public 'worfhip.'f
WHEREAS it Is neceffary for the fecurity and defence of this province from Preamble,
internal dangers and infui regions, that all perfons reforring to places of
public worfhip fhall be obliged to carry fire arms :
I. Be it enabled^ That immediately from and after the palling of this act, every Enabled,
male white inhabitant of this province, (the inhabitants of the fea port towns only All male white
excepted, who fhall not be obliged to carry any other than fide arms) who is or fhall j."rry arms t()
be liable to bear arms in the militia, either at common mufters or times of alarm, and places of divine
reforting, on any Sunday or other times, to any church, or other place of divine wor- penahy of 10/.
fhip within the parifh where fuch perfon (hall refide, fhall carry with him a gun, or
a pair of piftols, in good order and fit for fervice, with at leaft fix charges of gun-
powder and ball, and fhall take the faid gun or piftols with him to the pew or feat
where fuch perfon fhall fit, remain, or be, within or about the faid church or place
of worfhip, under the penalty of ten {hillings for every neglect of the fame, to be re-
covered by warrant of diftrefs ajid fale of the offender's goods, under the hand and feal How to be re-
of any juftice of the peace for the parifh where fuch offence is committed, one half co.vered and aP"
to be paid into the hands of the church wardens, or where there is no church wardens
to any juftice, for the ufe of the poor of the faid parifh, and the other half to him
or them that fhall give imformation thereof.
II. And for the better and more effectual carrying this act into execution, Be it fur- Church war-
ther enacted. That the church warden or church wardens of each refpeefive parifh, and ' ,c; era"
' r r » powered to ex-
ihe deacons, elders, or felect men, of other places of public worfhip, fhall be obliged, amine perfc-m*
and they are hereby empowered to examine all fuch male perfons, either in or about a'ramse ° car ?
fuch places of public worfhip, at any time after the congregation is affembled, on Chrift-
mas and Eafter days, and at leaft twelve other times in every year, and if, upon find-
ing any perfon or perfons liable to bear arms, and bring them to places of public wor-
fhip as aforefaid, without the arms and ammunition by this a 61 dire6ted, and fhall
not, within fifteen days after fuch offence is committed, inform againft fuch perfon
or perfons fo offending, in order to recover the penalty as aforefaid, fuch church
warden or church wardens, deacons, elders, or feledtmen, fhall, for every fuch ne-
glect of duty, or giving information as aforefaid, forfeit and pay the fum of five
pounds, to be recovered and applied as in this act is before directed.
III.
t Query — Whether this act can be enforced by any religious affociation, kiilefs exprefsly authorifed under the
prefent government. See note, page j2.
158 DIGEST OF THE
A. D. 1770. HI. And be it further enabled, That any fuch perfon or perfons thus liable to bring
No. joi. their arms, and being at any church or place of public worfhip as aforefaid, that
Penalty on per- foall refufe to be examined in or about fuch places of public worfhip, or neglect, on
fons refufijigto ,1,1 , .,• ».
be examined. demand of the church warden or church wardens, deacons, elders, or felectmen
refpectively, to produce and {hew his or their arms and ammunition by this
act required to be brought by fuch perfon or perfons, to the intent it may be
known whether the fame be fit for immediate ufe and fervice, fuch perfon or perfons
fo refufing or neglecting (hall feverally, and for every fuch offence, forfeit the fum
of ten fhiliings, to be recovered and applied in fuch manner as the penalty for not
bringing fuch arms in and by this act directed.
Continuation of IV. And be it enabled, That this act {hall be and continue in force for and during
the term of three years, and from thence to the end of the next {effion of the gene-
ral affembly, and no longer.*
N. W. JONES, Speaker.
JAMES HABERSHAM, Prefdeni.
James Wright.
February 27, 1770*
* The next feffion after the expiration of the three years, was held in 1777. confequcntly this ad being in
force at the time of the revolution, the fame is perpetuated by act of 1783, No. 279, though not particularly
named.
this act.
No. jo z. An Abl to prohibit for a certain time, the exportation of Indian corn.
February 27, 1770.
Expired.
No. 193. An Abl to amend an abl, entitled " An abl for afcertaining the qualifications of jurors %
and for eflablijhing the method of ballotting and fummoning jurors in the province of
Georgia"
February 27.
Obfolete.
No, 194. An Ordinace re-appeinting Benjamin Franklin, Efquire, agent to folieit the affairs of
this province in Great Britain.
February 27.
Obfolete.
No. 195. An Ordinance for appointing James Kitchen, colleblor and comptroller of the country
duties of the port of Sunlury.
February 27.
Obfolete.
An
LAWS OF GEORGIA. r#|
An Ordinance appmiting infpeBors of hemp, flax, and wheat four for the ports of Sa- A. D. 1770.
vannah and Sunbury. No. 196.
February 27.
Obfolete.
Au Atl to regulate and a/certain the rates of wharfage of flipping and merchandize; and No. 197.
alfo to afcertain the rates of forage in the fevera/ ports of this province; and for the
better regulatim of wharves and of flipping in the faid ports ; and for afcertaining the
duty of an harbor-mafer for the port of Savannah.
May I o.
Expired. — See at! o/"i774, No. 230.
An Acl for further amending an Acl, entitled " An Ac! for the better No. i9§.
regulating the town of Savannah, and for afcertaining the common
thereunto belonging."
WHEREAS in and by an a£t of affembly palled the ninth day of June, in the Preamble,
year of our Lord one thoufand fevert hundred and fixty-one, entitled,
" An act for amending an a£t for the better regulating the town of Savannah, and
for afcertaining the common thereunto belonging," It was enabled, That the plan
to that act annexed mould be thenceforth taken for and deemed to be the true plan
of the faid town, and that the feveral references made therein to the plan in the
furveyor general's office mould from thenceforth be taken and deemed to be made
to the plan thereunto annexed, any thing in the faid a£t contained to the contrary
notwithftandin g -. And whereas, in the faid plan to the faid a£t annexed, the feveral
wharf lots under the bank or bluff of the faid town and common of Savannah, and the
lines or limits of the faid common, were not laid down or afcertained, for want of
which many difputes, controverfies, and fuits of law, may arife : And whereas mif-
takes were made in the figures refpe£ting the width of feveral of the flreets and lanes
in the faid town, Be it therefore enabled, That the plan annexed to this act fhall from Ena&ed.
henceforth be held, taken for, and deemed the true plan of the faid town and com- Savannah, what
mon of Savannah, including the feveral wharf lots under the bank or bluff of the P'antobedecm-
0 ed the true plan
faid town and common, and that the feveral references made in the faid recited adls of the town, &c.
to the plan in the furveyor general's office fhall be henceforth taken and deemed to be
made, and fhall be made and had to the faid plan hereunto annexed, any thing in
the faid a£):s to the contrary notwithstanding-
II. Regulating town — Repealed by a£r, of 1 787, No. 367.
N. W. JONES, Speaker.
JAMES HABERSHAM, Prefdent.
James Wright.
May 10, 1770.
An
i6o DIGEST OF THE
A. D. 1770. /In Aft for raiftng a certain number of watchmen for preferving good order in and about
No. 199. the town of Savannah'
May 10, 1770,
Obfoktc.
No. 200. An AH for appointing infpetlors of tobacco, and to prevent the exportation of bad and
unmerchantable tobacco.
May 10.
Obfokte.
No. jot. jln Act for empowering commijf oners to affefs the inhabitants of the town of Savannah in
the fum of £200 13 4; and alfo to empower the treasurer to iffue certificates for the
f um of £loo 6 8 to be funk' in 'the next g'eneYatTax~acl for fupporting a watch in the
town of Savannah.
May io* ,
Obfokte.
1
— *-* .
,
No. so*. rfn j4ft f0 amend an Ac~ly entitled, " An aft to prevent the bringing into and fpreading
of malignant and contagious diflempers in this province ; to oblige maflers or comman-
ders of veffels going out of any port within the fame firfil to produce a pafjport from the
governor or commander in chief; to prevent the harboring of fick failors and others \
and for the regulating and well ordering of the lazaretto upon the if and of Tybee.,,:
May 10.
Obfokte.
No. 203. An Aft to continue thefeveral laivs therein mentioned.*
An && for pu- -«■ -?r T"HERE AS feveral wholefome laws of this province are near expiring, and
and mariners V v ll ls expedient that they mould be further continued, Be it enatledy That
negkdhng their m a^. paffej the fixth (jay 0f March, one thoufand feven hundred and fix ty -fix*
duty, &c. parted *r . i. . r . / »
6th March, entitled, An aft for punifhing feamen and mariners neglecting or deferring their
I?66' duty onboard their refpeclive fhips or veffels, and for preventing feamen or. mariners
from being harbored or running in debt, which was to continue and be in force for
three years, and from thence to the end of the next feffion of the general affembly :
n. , And alfo an acl paffed the fixth day of March, one thoufand feven hundred and
Anacttoamend * J '
the ad for the fixty-fix, entitled, An a£t to amend an acl: for the better regulating the' town of Sa-
the towVof vannah, and for afcertaining the common thereunto belonging; and alfo to authorife
Savannah, &c. and empower r.he church wardens and veftry of the parifh of Chrift church to appoint
March 1766. a beadle for the purpofes therein mentioned ; which was to continue and be in force
for and during the term of three years, and from thence to the end of the next feffion
of
* See acl; of 1773, No. 224, continuing certain lawsc
LAWS OF GEORGIA. un
of the general affembly : And alfo an aci paffed the twenty-fixth day of March, ons A. D. 1770,
thoufand {even hundred and fixty-feven, to oblige the inhabitants of the town of , ° 2°V,.
. - n An act to oblige
Sunbury to clear and keep clean the feveral lquares, ureets, lanes, and common the inhabitants
within the fame : and to exempt the faid inhabitants from working- upon the roads in °s , tovv'n
7 ••■ . Aunbury tokeep
the parifh of St. Tohn ; which was to continue and be in force for and during the clean thefquares
term of two years, and from thence to the end of the next feffion of the general e^oth March
affembly : And alfo an atl paffed the twenty-feventh day of March, one thoufand feven 17^7-
hundred and fifty-nine, for the better regulating taverns, punch houfes and retailers r"" a JL.[le
of fpiritous liquors, and further continued to the fourth day of March, one thoufand fog taverns,
feven hundred and fixty-two ; and an additional act to the faid a£r, patTed the twenty- ^""pafled" 27th
fifth day of March, one thoufand feven hundred and fixty-five, which were to March, 1739.
continue and be in force until the twenty-fifth day of March, one thoufand- feven
hundred and fifty-nine, and from thence to- the end of the next feffion of the general
aflembly : And alfo an atl pafled the twenty-fixth day of March, one thoufand feven Aci to prevent
hundred and fixty-feven, to prevent the bringing into and fpreading of malignant and t0Canj ^.lad-
contagious diftempers in this province; and to oblige matters or commanders of vef- fog malignant
-, . r • 1 • t r r n i n~ r 1 and contagious
fels, going out or any port within the lame, tint to produce a paiiport from the go- fiii>em-ers7&c.
vernor or commander in chief, to prevent the harboring of (ick failors and others ; pafled 26th
and for the regulating and well ordering the lazaretto upon the illand of Tybee ;
which was to continue and be in force for and during the term of two years from
the palling thereof, and from thence to the end of the next feffion of the general
aflembly : And alfo an atl pafled the twentv-fixth day of March, one thoufand feven A& t0 regulate
n i 1 1 r r 1 1 ' 1 • r r i i • i i the making of
hundred and fixty-leven, to regulate the making or cyprei3, oak and pine lumber, cyprefs, oak,
{laves and fiiingles, and for afcertaininp- the quality thereof, which was to continue fnd Pme ln™:
r r -i r r i 1 if "t1'' ®-c' Pa"ec*
and.be m force for and during the term of two years, and from thence to tne end of 26th March,
the next feffion of the general aflembly: Alfo an a£T pafled the eighteenth day of I7°"'„.
November, one thoufand feven hundred and fixty-five, for the eftablifhing and regu- nfhiifg and re-
lating patrols, and to prevent any perfon from purchafing provifions or any other gating patrols
commodities from, or felling fuch to any Have, unlefs fuch Have fliall produce a vembsr, 1765.
ticket from his or her owner, manager, or employer, which was to continue and be
in force for and during the term of three years, and from thence to the end of file
next feffion of the general aflembly ;. and further continued by. an act pafled the
twenty-fourth day of December, one thoufand feven hundred and fixty-eight, entitled Amended ami
"An act to amend and continue the faid recited act ;" both which a£cs were to c^nt"1'1™ by an
act pafled 4m
continue and be in force for and during- the term of one year, and from thence to Decern. 1768.
the end of the next feffion of the general affembly: And alfo an aci pafled the An act to. pre-
twenty-fifth day of March, one thoufand feven hundred and fixty-five, to prevent abufcs'afoS ad-
frauds and abufes in admeafuring and laying out of his majefty's lands in this pro- meal'uring and
. ■< • 1 , • 1 1 ■ 'r r i r r 1 ' \ r laying . out his
vmce, which was to continue and be m rorce for the Ipace of three years, ana from majefjy's iancis,
thence to the end of the next feffion of the general aflembly; and afterwards conti- pafied 25th
nued by an act, pafled the eleventh day of April, one thoufand feven hundred
and fixty-eight, entitled, An a£t for continuing the feveral laws therein mentioned,
which was to continue and be in force for and during the term of one year from the
X Puffing,
[.■62
DIGEST OF THE
A.D. 1770.
No. 203.
Act to amen J
the act for re-
gulating the pi-
lotage of veffelt,
p i (Ted 6th
March, 1766.
Act to amend
the act to pre-
vent private yer-
fons from pur-
chafing lands
from the Indi-
ans, paffed 25th
March, 1765.
Act for eftah-
lifhing a jurif-
diction for the
trial of negroes
and other flaves,
&c. paffed nth
April, 1768.
Act to prevent
frauds and de-
ceits in felling
beef, pork, &c
paffed 6th
March, 1766.
Act to empower
the feveral com-
mi-ffioners or
furveyors to lay
out pubiic roads,
^cc. paffed 6th
March, 1766.
Act to amend
the faid ait paff-
ed 26th March,
1767.
Act to prevent
ftealing horfes
and neat cattle,
&c. paffed 26th
February,! 767.
paffing of that ac~t, and from thence to the end of the next feffion of the general
affembiy : And alfo an acl paffed the fixth day of March, one thoufand feven hun-
dred and fixty-fix, to amend an a£l for regulating the pilotage of veffels into the
feveral ports of this province, and which was to continue and be in force for and
during the term of two years, and from thence to the end of the next feffion of the
general affembiy ; and afterwards continued by an acl: paffed the eleventh day of
April, one thoufand feven hundred and fixty-eight, entitled " An acl; for conti-
nuing the feveral laws therein mentioned," which was to continue and be in force
for and during the term of one year from the patting of that a£t, and from thence
to the end of the next feffion of the general affembiy : And alfo an acl paifed the
twenty-fifth day of March, one thoufand feven hundred and fixty-five, to amend an
acl, entitled " An acl: to prevent private perfons from purchafmg lands from the
Indians, and for preventing perfons trading with them without iicenfe j" and after-
wards continued by an acl: paffed the eleventh day of April, one thoufand {even hun-
dred and fixty-eight, entitled " An acl: for continuing the feveral laws therein men-
tioned," which was to continue and be in force for one year, and from thence to the
end of the next feffion of the general affembiy : And alfo an acl paffed the eleventh
day of April, one thoufand (even hundred and fixty-eight, for eftablifhing a jurifdic-
tion for the trial of negroes and other ilaves, and other perfons therein mentioned,
directing the mode of evidence and trial, and for the punifhment of crimes and
offences committed by them, and alfo for making other neceffary regulations relating
to fuch Haves and other perfons, which was to continue and be in force for and during
the term of one- year, and from thence to the end of the next feffion of the general
affembiy : And alfo an acl paffed the fixth day of March, one thoufand feven hun-
dred and fixty-fix, to prevent frauds and deceits in felling beef, pork, pitch, tar,
turpentine, and fire wood, which was to continue and be in force for and during the
term of three years, and from thence to the end of the next feffion of the general
affembiy : And alfo an a El paffed the fixth day of March, one thoufand feven hun-
dred and fixty-fix, to empower the feveral commiffioners or furveyors hereafter
named, to lay out and make fuch public roads in the province of Georgia, as are
herein after mentioned and directed ; and to continue to work upon, clear, repair,
and improve the feveral roads already laid out, and alfo the rivers ond creeks within
their feveral and refpective divifions, which was to continue and be in force for and
during the term of three years, and from thence to the end of the next feffion of the
general affembiy : And alfo an acl paffed the twenty-fixth day of March, one thou-
fand feven hundred and fixty-feven, to amend the faid recited a£l, which was to con-
tinue and be in force for and during the term of two years, and from thence to the
end of the next feffion of the general affembiy : And alfo an acl paffed the twenty-
fixth day of March, one thoufand feven hundred and fixty-feven, entitled " An acl:
to prevent ftealing of horfes and neat cattle, and for the more effectual difcovery and
punifhment of fuch perfons as fhall unlawfully brand, mark, kill, or drive the fame,
which was to continue and be in force for and during the term of three years from
the paffing thereof, and from thence to the end of the next feffion of the general
affemblv ;
LAWS OF GEORGIA.
163
afTembly : And alfo an ail pafled the twenty-ninth day o£ February, one thoufand
feven hundred and ftxty-four, entitled " An act for the punifhment of vagabonds
and other idle and diforderly perfons, and for erecting prifons or places of fecurity
in the fevgral parifhes of this province, and for preventing trefpaffes on lands of the
crown, or lands referved for the Indians, and the more effectual fuppreffing and
punifhing perfons bartering with the Indians in the woods," which was to continue
and be in force for the term of two years from the time of the palling thereof, and
from thence to the end of the next feffion of the general afTembly ; and afterwards
continued by an act. paffed the twenty-fixth day of March, one thoufand feven hun-
dred and fixty-feven, entitled " An act, for continuing feveral laws of this province,"
which was to continue and be in force for and during the term of three years from
the paffing thereof, and from thence to the end of the next feffion of the general af-
fembly : — Shall feverally and refpectively continue and be in force for and during the
term of one year from the paffing of this act, and from rhenee to the end of the next
feffion of the general afTembly, and no longer.
N. W. JONES, Speaker.
JAMES HABERSHAM, Prefideni*
James Wright.
May 10, 1770.
A. D. 1770.
No. 203.
A& for die pu-
ni foment of va-
gabonds, &c.
pafled 29th Fe-
bruary, 1764,.
Continued for
the time herein-
mentioned.
An Acl for ordering and governing flaves tvithin this province, and No. 204..
for ejiablijhing a jnrifdiclionfor the trial of offences committed by
fuchflaves, and other perjons therein mentioned ; and to prevent the
inveigling and carrying avo ay flaves from their maflers, owners, - or
employers*
T"HEREAS, from the encreafing number of flaves in this province, it is necef- The peribns
fary, as well to make proper regulations for the future ordering and govern- iiere2U rnenc-
' ,. ., . - . , , or.ed declared
ing fuch Haves, and to afcertain and prefcrioe tne pumfhment of crimes by them to be flaves.
committed, as to fettle and limit, by poiitive laws, the extent of the power of the
owners of fuch ffaves over them, fo that they may be kept in due fubjection and
obedience, and owners, or perfons having the care and management of fuch fiaves,
may be reftrained from exercifing unneceffary rigor or wanton cruelty over them,
Therefore be it enaBed, That all negroes, Indians, mulattoes, or meftizoes,. who. now
are, or hereafter lhall be in this province, (free Indians in amity with this govern-
ment, and negroes, mulattoes, or meftizoes, who now are or hereafter fhall become
free, excepted) and all their iffue and offspring born, or to be born, fhall be, and they
are hereby declared to be and remain for ever hereafter abfolute flaves, and fhall follow
the condition of the mother, and fhall be taken and deemed in law to be chattels
perfonal in the hands of their refpective owners and poffeffors, and their executors,,,
administrators, and affigns, to all intents and purpofes whatfoever : Provided always, Provifo*.
That if any perfonor perfons whatfoever, on behalf of any negroe, Indian, mukttoe,..
1 64
DIGEST OF THE
A. D. 1770,
No. 204*
In actions
brought by
guardians the
defendant to
produce the
ward of
plaintiff.
the
No perfons to
fuffer their
ilnves to go out
of the limits
he:ein menti-
oned without a
tkket.
or meftizoe, do apply to the chief juftice, or juftices of his majefty's general court,
by petition, either during the fetting of the faid court, or before the chief juftice,
or any of the juftices of the fame court, at any time in the vacation, the faid chief
juftice, or any of the faid juftices, fhail be, and he and they is and are hereby
empowered to admit any fuch perfons fo applying to the guardian for any negroe,
Indian, mulattoe, or meftizoe, claiming his or her freedom, and fuch guardian fhall
be enabled, entitled, and capable in law, to bring an action of trefpafs, in the nature
of ravifhment of ward, againft any perfon or perfons who fhall claim property in or
fhall be in poffeflion of any fuch negroe, Indian, mulattoe, or meftizoe; and the
defendant or defendants fhall and may plead the general iffue on fuch action brought,
and the fpecial matter may and fhall be given in evidence, and, upon a general or
fpecial verdict found, judgment fhall be given according to the very right of the
caufe, without having any regard to any defect in the proceedings, either in form
or fubftance, and if judgment fhall be given for the plaintiff, a fpecial entry fhall
be made, declaring that the ward of the plaintiff is free, and the jury fhall affefs
damages which the plaintiff's ward hath fuftained, and the court fhall give judg-
ment and award execution againft the defendant for fuch damages, with full cofts
of fuit ; but in cafe judgment fhall be given for the defendant, the faid court is
hereby fully empowered to inflict fuch corporal punifhment, not extending to life or
limb, on the ward of the plaintiff as they in their difcretion fhall think fit : Pro-
vided always. That in any action or fuit, to be brought in purfuance of the direction
of this act, the burthen of the proof fhall lie on the plaintiff, and it fhall always be
prefumed that every negroe, Indian, mulattoe, or meftizoe, (except as before excepted)
is a flave, unlefs the contrary can be made appear.
II. And be it further enacled, That in every action or fuit, to be brought by any
fuch guardian as aforefaid, appointed purfuant to the direction of this act, the defen-
dant fhall enter into a recognizance, with one or more fufficient fureties, to the plaintiff,
in fuch fum as the faid general court fhall direct, with the condition that he fhall
produce the ward of the plaintiff at all times when required by the court, unlefs
fuch defendant fhall prove upon oath, to the fatisfadtion of the faid court, his ina-
bility to produce fuch ward, and that, whilft fuch action or fuit fhall be depending
and undetermined, the ward of the plaintiff fhall not be abufed or mifufed.
III. And, for the better keeping flaves in due order and fubjection, Be it further
enaBed, That no perfon whatfoever fhall permit or fuffer any flave, under his or
their care or management, and who lives or is employed in any town in this pro-
vince, to go out of the limits of the faid town or towns, or any fuch flave who lives in
the country to go out of the plantation to which fuch flave belongs, or in which plan-
tation fuch flave is ufually employed, without a ticket figned or fubferibed by the maf-
ter or other perfon having the care or charge of fuch flave, or by fome other perfon by
his or their order, direction, or confent; and every flave, who fhall be found out of any
town in this province, if fuch flave lives or is ufually employed there, or out of the
plantation to which fuch flave belongs, or in which fuch flave is ufually employed, if
fuch
LAWS OF GEORGIA.
, 165
fitch nave lives in the country, without a ticket as aforefaid, or without a white per-
fon in his or her company, (hall be punifhed with whipping on the bare back not
exceeding twenty lafhes.
IV. And be it further enacted, That if any perfon or perfons fhall prefume to give
a ticket or licenfe to any flave, who is the property or under the care or charge of
another, without the confent of the owner or other perfon having the charge of
fuch flave, he, fhe or they, fhall forfeit to the owner a fum not exceeding five
pounds, over and above the damage that may accrue to fuch owner by the abfence
of fuch flave. /
V. And be it father enabled, That if any flave, who fhall be out of the houfe or
plantation where fuch flave doth live, or is ufually employed, or without fome white
perfon in company with fuch flave, fhall refufe to fubmit to the examination of any
white perfon, it fhall be lawful for any fuch white perfon to purfue, apprehend, and
moderately correct fuch flave, and if fuch flave fhall aflault and ftrike fuch white
perfon, fuch flave may be lawfully killed: Provided always, That proof be made of
fuch aflault or finking as aforefaid, to the fatisfaction of any two juftices of the
peace, and feven freeholders, to be fummoned for that purpofe ; and if fuch proof
cannot be made to the fatisfaction of the faid juftices and freeholders, then, and in
fuch cafe, the perfon or perfons killing fuch flave fhall forfeit and pay to the owner
the value of fuch flave fo killed, to be afcertained on oath of the faid juftices and
freeholders, and to be recovered, if exceeding the fum of eight pdunds, in the ge-
neral court of pleas in this province, and if not exceeding the fum of eight pounds,
to be recovered by the faid juftices, by warrant of diftrefs and fale of the offender's
goods, and in cafe no goods can be found whereupon to levy fuch dillrefs, the offen-
der or offenders fhall be committed by the faid juftices to the common gaol, there
to remain until the faid value fhall be paid, or for any time not exceeding fix months.
VI. And be it further enacted, That if any flave, who fhall be employed in the
lawful bufrnefs or fervice of his mailer, owner, overfeer, or other perfon having the
charge of fuch flave, fhall be beaten, bruifed, maimed, or difabled, by any perfon or
perfons, not having fufhcient caufe for fo doing, (of which caufe any juftice of the
peace refpeclively may judge) every perfon and perfons fo offending fhall, for every
fuch offence, forfeit and pay a fum not exceeding five (hillings ^r/V/zg', over and
befides the damages herein after mentioned, to the ufe of the poor of the parifh in
which fuch offence fhall be committed, and if fuch flave or fiaves fhall be maimed,
or difabled by fuch beating, from performing his or her work, fuch perfon and per-
fons fo offending fhall alfo forfeit to the owner of fuch flave, his or her lawful
attorney, a fum not exceeding two (hillings for every day of his loft time, and alfo
the charge of the cure of fuch flave, and fatisfaction (hall alfo be made to the owner
for the damage done to fuch Have, and the damage to be afcertained by two freeholders
of the neighborhood, one to be named by the owner, or his or her attorney, and the
other by the offender ; and in cafe J&e faid offender will not name one freeholder on
his part, then fuch freeholder to be named by any juftice to whom the party aggrieved
fhall apply ; and the faid penalty and damages fhall, upon lawful proof thereof made,
be
A. D. 1770.
No. 204.
Penalty on per-
fons giving tick-
ets to fiaves
without the
confent of their
owners
Slavesbeing out
of the place
where they live,
and refufing to
be examined by
a white perfon,
how to be
treated.
Provifo.
Penalty en per-
fons beating
fiaves employed
in the lawful
bufincfs of their
mailers.
166 DIGEST OF THE
A. D. 1770. be recoverable before any one of his majefty's jufticesof the peace, and fuch juftice.,
No. 2C4. before whom the fame (hall be recovered, fhall have power to commit the offender or
offenders to gaol, if he, fhe, or they, fhall produce no goods on which the faid penalty
and damages may be levied, there to remain until fuch penalty and damages fhall be
paid, any law, ftatute, ufage or cuftom to the contrary notwithstanding.
Meeting of Vll. And ivhereaj the frequent meeting and affembling of Haves, under the pre-
flaveshbwtoie tence of feafting, may be attended with dangerous confequences, Be it further enaBed%
That it mall and may be lawful for every juftice afhgned to keep the peace in this
province, within his refpective parifh, upon his own knowledge, or information
received, either to go in perfon, or by warrant or warrants directed to any conftable
or other perfon, to command to their afliftance any number of perfons as they fhall
fee convenient, to difperfe any affembly or meeting of flaves which may difturb the
peace or endanger the fafety of his majefty's fubjects, and every flave, which fhall be
found and taken at any fuch meeting as aforefaid fhall and may, by order of fuch
juftice, immediately be corrected, without trial, by receiving on the bare back not
more than twenty-five ftripes with a whip, fwitch, or cowfkin •, and fuch juftice,,
conftable, or perfons as aforefaid, are hereby authorifed and empowered to fearch all
fufpected places for arms, ammunition, or ftolen goods, and to apprehend and fecure
all fuch flaves as they mail fufpect to be guilty of any crimes or offences whatfoever,
and to bring them to a fpeedy trial, according to the direction hereafter given by this
act -, and in cafe'any conftable, or other perfon, fhall refufe to obey or execute any
of the warrants or precepts of fuch juftices, or any of them, within their feveral pa-
rifhes, or fhall refufe to affift the faid juftice or conftable, or any of them, when
commanded and required, fuch perfon and perfons fhall forfeit and pay, for every
fuch offence, a fum not exceeding five pounds fterling, to be recovered by a warrant
under the hand and feal of any other juftice of the peace.
Slaves commits VHI. And be it further enaSled, That upon any complaint being made to, or in-
J.PS offences formation received by any juftice of the peace, of any offence being committed by any
fiave or flaves within the parifh where fuch juftice is empowered to act, fuch juftice
fhall commit fuch Have or flaves to the work houfe, if any, or to the fafe cuftody of
any conftable of the faid parifh, and fhall without delay, by warrant under his hand
and feal, give notice of fuch commitment to any two or more of the neareft juftice
or juftices of the peace in the faid parifh to aflbciate with him, and by the fame war-
rant fhall fummon a jury of not lefs than feven of the neighbourhood freeholders
to meet together with the faid juftices, at a certain time and place to be by them'
appointed, not exceeding three days after the apprehending and committing of fuch
flave or flaves as aforefaid, (u nlefs it fhall appear neceffary for the faid juftices, either
for want of fufficient and pofitive proof, or any other fufficient reafon, to delay the
fame) and the juftices and jury fo affembled fhall caufe the flave or flaves accufed or
charged as aforefaid, to be brought before them, and fhall hear the accufation brought
againft fuch Have or flaves, and his or her defence, and proceed to the examination
of witneffes and other evidence, and finally hear and determine the matter brought
before them as aforefaid, in the moft fummary and expeditious manner, and in cafe
the
LAWS OF GEORGIA.
i6f
the offender mall be convicted of any crime not capital, the faid juflices, or any two
of them, fhall give judgment for the inflicting any corporal punifhment, not extend-
ing to the taking away life or member, as they in their discretion mall think fit, and
(hall award and caufe execution to be done accordingly; and in cafe fuch offender
(hall be convicted of any crime for which by law he or (he ought to fuffer death, the
faid juflices, or any two of them, fhall give judgment and award execution of their
fentence, by directing fuch manner of death, and at fuch time as the faid juflices,
with a majority of the jury, fhall think mod convenient, and which they fhall judge
mofl effectual to deter others from offending in like manner : Provided neverthe/efs,
That, in cafe the owner, truflee, or other perfon, fhall give fufncient fecurity to the
faid juflices for the forthcoming of fuch negroe or negroes, and of all expences that
may attend fuch delay, then the faid execution of fuch fentence fhall not be carried
into effect, but be fufpended until the faid juftices, or any two of them, fhall, under
their hands, lay a full ftate and report of the cafe, evidence, verdict, and judgment
thereupon, before the governor or commander in chief for the time being, and his
pleafure be known thereon.
IX. And be it further enacled. That, as foon as the juflices and jury fhall be affem-
bled as aforefaid, in purfuance of the direction of this act, the faid jury fhall take
the following oath ; I A. B. do folemly fwear, in the prefence of Almighty God,
that I will truly and impartially try the prifoner or prifoners brought upon his, her,
or their trial, and a true verdict give according to evidence to the beft of my know-
ledge. So help me God.
X. And, for preventing the concealment of crimes and offences committed by
{laves, and for the more effectual difcovery and bringing flaves to condign punifhment,
Be it therefore enabled. That the evidence of any free Indians, mulattoes, mestizoes,
or negroes or Haves, fhall be allowed and. admitted, in all cafes whatfoever, for or
againfl another flave accufed of any crime or offence whatfoever, the weight of which
evidence, being ferioufly confidered and compared with all other circumftances at-
tending the cafe, fhall be left to the juflices and jury.
XI. And whereas flaves may be harbored and encouraged to commit offences, and
concealed and received by free negroes, and fuch free negroes may efcape the pu-
nifliment due to their crimes for want of fuflicient and legal evidence againfl them,
le it therefore further enabled, That the evidence of any free Indian or flave fhall in
like manner be allowed and admitted in all cafes againfl any free negroes, Indians,
^free Indians in amity with this government excepted) mulattoe or meftezoe, and all
crimes and offences committed by free negroes, Indians, (except as before excepted)
mulattoes, or meftezoes, fhall be proceeded and tried by the juflices and jury appoint-
ed by thisadt for the trial of flaves in like manner as is hereby directed for the proceed-
ings and trial of crimes and offences committed by flaves, any law, ftatute, ufage,
or cuftom to the contrary,, notwithflanding.
XII. And be it further enabled, That the feveral crimes and offences herein after
particularly enumerated are hereby declared to be felony, that is to fay: If any flave,
free negroe, Indian, mulattoe, or meflizoe, (Indians in amity with this govern-
ment
A. D. 1770.
No. 204.
Provifo.
Oath to he tak-
en by the jury
at the trial of
flaves.
Evidence to be
taken againft
flaves.
Evidence to be
admitted a-
gainft free ne-
groes, &c.
Crimes that are
declared felony
by this a<5t.
i<58 DIGEST OF THE
A. D. 1770. rnent excepted) fhall be guilty of homicide, of any fort, upon white perfons, ex-
No. 204. cept by mifadventure, or in defence of his or her owner, or other perfon unde?
whofe care and government fuch flave fhall be, or mall raife, or attempt to raife, any
infurrection, or commit, or attempt to commit, a rape on any white perfon whomfo-
ever, every fuch offender and offenders, hi3 and their aiders and abettors, fhall, upon
conviction thereof, fuffer death ; or if any flave, free negroe, Indian, mulattoe, or
meftizoe, (except as before excepted) fhall wilfully and malicioufly kill any Have, or
other perfon as aforefaicl, or fhall break open, burn, or deftroy, any dwelling houfcj
or other building whatfoever, or fet fire to any rice, corn, or other grain, tar kiln,
barrel or barrels of pitch, tar, turpentine, rofin, or any other goods or commodi-
ties whatfoever, or fhall Heal any goods or chattels whatfoever, or delude or entice
any flave or Haves to run away, whereby the owner or owners of fuch flave- or Haves
fhall, or would have loft or been deprived of fuch flave or Haves, every fuch Have
and flaves, and his or their accomplices, aiders and abettors, fhall, upon conviction
as aforefaid, fuffer death, or fuch other punifhment as the faid juftices and jury fhall
Provifo. in their difcretion think fit : Provided, That fuch flave fhall have actually prepared
provifions, arms, ammunition, horfe or horfes, or any fiat, canoe, or other veffel,
or done any other overt act whereby fuch their intention fhall be manifefted.
Poifcning, or XII-I. And whereas the deteftable crime of poifoning hath frequently been com»-
being acceflary n^jtted by flaves, Be it therefore enacted* That not only fuch negroes, mulattoes, or
thereto, declar- . J ' ... 11
ed to be felony, meftizoes., as fhall adminifter poifon to any perfon or perfons, whether free or bond,
but alfo all and every negroe, mulattoe, or meftizoe, who fhall furnifh, procure or
convey, any poifon, to be adminiftered to any flave or flaves, or to any perfon or
perfons as aforefaid, and alfo all fuch negroes, mulattoes, and meftizoes, as fhall be
privy (and not reveal the fame) to the furnifhing, procuring, or conveying any poi-
fon, to be adminiftered to any perfon or perfons as aforefaid, fhall be deemed and
adjudged, and all and every of them are hereby declared to be felons, and fhall fuffer
death in fuch manner as the perfons appointed by this act for the trial of flaves fhall
adjudge and determine.
Slaves giving * XIV- And, for the encouragement of flaves to make difcovery of the defigns of
information of otners i0 poifon any perfon, Be it enacted. That every negroe, mulattoe, or meftizoe^
any intention to r r J . . . . .. J °
poifon ho'w to who fhall hereafter give information of the intention of any other flave to poifon any
perfon, or of any flave that hath furnifhed, procured, or conveyed, any poifon, to be
adminiftered to any perfon, fhall upon conviction of the offender or offenders, be en>
titled to and receive from the public of this province, a reward of twenty fhillings, to
be paid him or her by the treafurer yearly, and every year, during the abode of fuch
negroe, mulattoe, or meftizoe, in this province, on the day that fuch difcovery was
made, and fhall alfo be exempted from the labor of his or her mafter on that day ;
and every juftice before whom fuch information is made, is hereby required to give
a certificate of every fuch information, which certificate fhall entitle the informant
to the reward aforefaid : Provided always neverthelefs, That no flave fhall be convicted
upon the bare information of any other flave, unlefs fome circumftance or overt act
appear, by which fuch information fhall be corroborated to the fatisfaction of the
{aid juftiees and jury. XY».
be rewarded.
LAWS OF GEORGIA. 169
XV. And provided affo, and be it farther enabled, That in cafe any Have fhall be A. D. 1770.
convicted of having given falfe information, whereby any other Have may have fuf- No" 2°4"
fered wrongfully, every fuch falfe informer {hall be liable to and fuffer the fame fa]fe inform^ ti-
punifhment as was inflicted upon the party accufed, any law, ufage, or cuftora, to the on ^ow t0 be
x ■*■ *..=■■' * ° puniihed.
contrary notwithltanding.
XVI. And be it farther enabled, That in cafe any flave fhall teach and inftruct ano- Slaves teaching
ther flave in the knowledge of any poifonous root, plant, herb, or other fort of poifon jfnoe^e(j" %
whatever, he or fhe offending, fhall upon conviction thereof, fuffer death as a felon, poifon to fuffer
and the flave or flaves fo taught or inftructed, fhall fuffer fuch punifhment not extend- tauo-h^corporal
ing to life or limb, as fhall be adjudged and determined by the juftices and jury before puniihment.
whom fuch flave or flaves fhall be tried.
XVII. And be it further enacted, That no negroe or other flaves fhall hereafter be Slaves adniini-
fuffered or permitted to adminifter any medicine, or pretended medicine, to any other ci"!"f0 another
flave, but at the inftance or direction of fome white perfon owning, or having the care flave, ianlefs by
and management of the flave to whom the fame is to be adminiftered; and, in cafe any white perl-on c*
negroe or other flave fliall offend herein, he or fhe fhall, upon complaint and proof fuffcr corporal
thereof made to any juftice of the peace, fuffer corporal punifhment, not exceeding
fifty ftripes.
XVIII. *And, in order to difcourage any owner of flaves from concealing any slaves rut to
crime committed by fuch flaves, to the prejudice of the public welfare, Be it far- death to be ap-
ther enabled, That, in cafe any flave fliall be put to death, in purfuance of any fen- ■ '
tsnce awarded by direction of this act, the juftices awarding the fame, and the
whole jury who found him or her guilty, fhall appraife and value fuch flave, fo to
be put to death, on oath, which appraifement and valuation fhall be certified
to the treafurer of this province, who is hereby authorifed to pay the fame to
the owner of fuch flave, or his order ; provided fuch appraifement and valuation
does not exceed the fum of forty pounds fterling, for any one flave ; and, Provided
alfb, TJxat fuch flave or flaves, at the time of the committing the crime fur which
he, fhe, or they fhall be fo fentenced, fhall clearly appear to have been, the property
of an inhabitant of this province, or of fome perfon having a fettled plantation
therein, whereon fuch flave or flaves-, at the time the faid crime was committed,
was or were employed.
XIX. And be it farther enabled. That the faid juftices, or any of them, are hereby Juftices autho-
authorifed, empowered, and required, to fumrnon and compel all perfons whatfo- "jj6 p^o^to
ever to appear and give evidence upon the trial of any flave ■, and if any perfon fliall give evidence on
neglect or refufe to appear, or appearing, fhall refufe to give evidence, or if any Qaves, l
matter, or other perfon who has the care and government of any flave, fhall pre-
vent and hinder any flave under his charge and government from appearing and giving
evidence in any matter depending before the juftices and jury'aforefaid, the faid
juftices may, and they are hereby fully empowered and required, upon due proof made
of fuch fummons being ferved, to bind every fuch perfon offending as aforefaid by
recognizance, with one or more fufEcient fureties, to appear at the next general court,
Y to
: * This fed. is repealed by a<2 of 1793, No. 457..
170 DIGEST OF THE
A. D. 1770. to anfwer fuch their ofFence and contempt, and, for default of finding fureties to
No. 204. commit fuch offenders to prilbn for any term not exceeding the fpace of two
months.
Matters con- XX. And be it further enabled^ That, in cafe the mafler, or other perfon having
accufed of aea^ t^e c^arge or government of any Have who fhall be accufed of any capital crime, '
pital crime to ihall conceal or convey away any fuch Have, fo that he cannot be brought to trial and
ajnaTfofa'cruHe condign punifhment, every mafter, or other perfon fo offending, fhall forfeit a fum
not capital/; %o. not exceeding two hundred pounds fterling, if fuch flave be accufed of a capital
crime as aforefaid, but if fuch flave be accufed of a crime not capital, then fuch
mafter, or other perfon, fhall only forfeit a fum not exceeding twenty pounds fter-
ling, to be paid to the treafurer for the ufe of the public.
Duties required XXI. And be it further enaffed, That all and every the con ftable and conftables,
of conftables in nl tjie feveral pariflies within this province where any flave fhall be fentenced to
putting the len- rrrl11 .n „ .,
tences pro- fuffer death, or other punifhment, fhall caufe execution to be done of all the orders,
nounced againft warrants, precepts, and judgments of the juftices hereby appointed to try fuch flaves,
tion. for the charge and trouble of which the faid conftable or conftables respectively fhall
be paid by the public, unlefs in fuch cafes as fhall appear to the faid juftice or
juftices to be malicious or groundlefs profecutions, in which cafes the faid charges
fhall be paid by the profecutors for whipping, or other corporal punifhments, not
extending to life, the fum of five fhillings, and for any punifhment extending to
life, the fum of fifteen fhillings, and fuch other charges for keeping and main-
taining fuch flaves as are by the act for erecting a work houfe appointed, for the
levying of which charges againft the profecutor, the juftices are hereby empowered
to iffue their warrant ; and that no delay may happen in caufing execution to be
done upon fuch offending flave or flaves, the conftable who fhall be directed to caufe
execution to be done, fhall be, and he is hereby empowered to prefs one or more
flave or flaves, in or near the place where fuch whipping, or other corporal punifh-
ment, fhall be inflicted, to whip, or inflict fuch other corporal punifhment upon the
offender or offenders, and fuch flave or flaves fo preffed fhall be obedient to and
obferve all the orders and directions of the conftable, by whipping on the bare back
not exceeding twenty lafhes, which punifhment the faid conftable is hereby autho-
rifed and empowered to inflict ; and the conftable fhall, if he preffes a negroe, pay
the owner of the faid negroe two fhillings out of his fee for doing the faid execu-
tion, and in cafes capital fhall pay to the negroe doing the faid execution the fum
of two fhillings, over and above the faid fee to his owner.
Slaves not to XXII. And be it further enaBtd, That it fhall not be lawful for any flave to carry
carry Ere arms, an(j make ufe of fire arms, or any offenfive weapon whatfoever, unlefs there be
&c. except as , r r 1 •• 1 r
htreinfpecified. fome white perfon of the age or fixteen years or upwards in the company of fuch
flave when he is hunting or fhooting, or unlefs fuch flave be found in the day time
actually keeping off birds, or killing beafts of prey within the plantation to which
fuch flave belongs, lodging the fame gun at night within the dwelling houfe of his
mafter, miftrefs, or white overfeerj and in cafe any perfon fhall find any flave ufing
or carrying fire arms, or other offenfive weapon, contrary to the true intention of
this
LAWS OF GEORGIA.
171
this act, fuch perfon may lav/fully feize and take away fuch offenfive weapon or
fire arms, but, before the property thereof fhall be vefted in the perfon who fhall
feize the fame, fuch perfon fhall, within forty-eight hours next after fuch feizure,
go before the next juftice of the peace, and fhall make oath of the manner of the
taking thereof, and if fuch juftice of the peace, after fuch oath fhall be made, or
if, upon any other examination, he fhall be fatisfied that the faid fire arms, or other
offenfive weapons, fhall have been feized according the directions and agreeable to
the true intent and meaning of this a£t, the faid juftice fhall, by a certificate under
his hand and feal, declare them forfeited, and that the property is. lawfully vefted
in the perfon who feized the fame : Provided always, That no fuch certificate fhall
be granted by any juftice of the peace until the owner or owners of fuch fire arms,
or other offenfive weapons fo feized as aforefaid, or the overfeer or overfeers who
fhall or may have the charge of fuch Have or flaves from whom fuch fire arms, or
other offenfive weapons, fo taken or feized, fhall be duly fummoned to fhew caufe
why the fame fhould not be condemned as forfeited, or until forty-eight hours after
the fervice of fuch fummons, and oath made of the fervice thereof before the faid
juftice.
XXIII. And be it further enabled. That if any (lave fhall prefurne to ftrike any white
perfon, fuch flave, upon trial and conviction before the juftice orjuftices, according
to the directions of this a£t, fhall, for the firft offence, fuffer fuch punifhment as the
faid juftice or juftices fhall in his or their difcretion think fit, not extending to life or
limb, and for the fecond offence fhall fuffer death ; but, in cafe any fuch flave fhall
grievoufly wound, maim, or bruife, any white perfon, though it fhall be only the
firft offence, fuch flave fliall fuffer death : Provided always, That fuch ftriking,
wounding, maiming, or bruifing, be not done by the command and in the defence of
the perfon or property of the owner, or other perfon having the care and government
of fuch flave, in which cafe the flave fhall be wholly excufed, and the owner, or
other perfon having the care and government of fuch flave, fliall be anfwerable as if
the a£t had been committed by himfelf. v
XXIV. And be it further enabled, That it fhall and may be lawful for every per-
fon to take, apprehend, and fecure any runaway or fugitive flave, and they are
hereby directed and required, within forty-eight hours after fuch taking, appre-
hending and fecuring, (otherwife. fuch perfon to be conftrued and taken as a har-
borer of fuch runaway or fugitive flave) to fend fuch flave, if convenient, to the
mafter, or other perfon having the care and government of fuch flave, if the perfon
taking up or fecuring fuch flave knows, or can without difficulty be informed, to
whom fuch flave belongs, or fuch flave fhall be delivered into the cuftody of the
mafter of the work houfe of the parifh, if any, but if none, to any conftable of
the faid parifh, and the mafter, or other perfon who has the care or government of
fuch flave, fliall pay, for taking up fuch flave, whether by a free perfon or flave,
the fum of five {hillings fterling, and the mafter of the work houfe, or conftable,
upon receipt of every fugitive or runaway flave, is hereby directed and required to
keep fuch ilave in fafe cuftody until fuch flave fhall be lawfully difcharged, and
fhall,
A. D. 1770.
No. 204.
Provifo.
Slaves linking
any white per-
fon how to be
punifhed.
Provifo.
Runaway flaveg
to be delivered
to the perfons
herein men cl-
oned.
172
DIGEST OF THE
A. D. 1770.
No. S04.
Slaves to be
maintained at
the charge of
the owners.
Perfori9 taking
up runaway
iiavesentitled to
two pence for
every mile flaves
are brought or
fent ; the ac-
count herein
mentioned to be
given on delive-
iv of flaves to
the matter of
the work houfe
or conftable.
Fees of the con-
ftable and maf-
ter of the work
houfe.
fhall, as foon as conveniently it may be, advertife fuch flave in the pnblic gazette,
and alfo in the moft public place in the parifh where fuch Have fh'aU. be taken up,
with the beft defcription he fhall be able to give, firft carefully viewing and exam-
ining fuch Have for any brand or mark, which he (hall alfo advertife, to the intent
the owner, or other perfon who fhall have the care or charge of fuch Have, may come
to the knowledge that fuch flave is in cuftody; and if fuch nave (hall efcape through
negligence, and cannot be taken up in three months, the faid perfon fhail anfwer to
the owner for the value of fuch flave, or the damages which the owner fhall fuftain
by reafon of fuch efcape, as the cafe (hall happen.
XXV. And be it further enacled> That the faid mafter of the work houfe, or con-
ftable fhall, at the charge of the owner of fuch flave, provide fufficient food, drink,
clothing and covering, for every flave delivered into his cuftody, or, on failure
thereof, fhall forfeit all his fees, and, for each day after he fhall neglect to adver-
tife as before directed, the fum of three {hillings.
XXVI. And be it further enabled. That if any perfon fhall take up any runaway
flave, and deliver fuch flave either to the mafter or other perfon having the care and
charge of fuch flave, or to the conftable of the parifh, or the mafter of the work
houfe, fhall be entitled to receive from the owner, or conftable of the parifh, or
the mafter of the work houfe, two pence per mile for every mile fuch flave fhall
have been brought or fent, to be computed from the place where fuch flave was ap-
prehended, and, if fuch flave fhall be delivered into the cuftody of the conftable of
the parifh aforefaid, or to the mafter of the work houfe, the perfon delivering fuch
flave (hall give an account of his name, place of abode, and the time and place
when and where fuch flave was apprehended, which account the faid conftable, or
mafter of the work houfe, fhall enter down in a book to be kept for that purpofe,
and fhall give a receipt for any fuch flave which fhall be delivered as aforefaid into
his cuftody ; and the faid conftable, or mafter of the work houfe, is hereby fully
authorifed and empowered to demand and receive from the owner, or other perfon
having the charge or care of any fuch flave, for negroes committed: from the month
of October to March inclufive, for finding neceflary clothing and covering, to be
the property of the matters, any fum not exceeding eighteen fhillings, and the fe-
veral fums following, and no other fum, fee, or reward, on any pretence whatfo-
ever, that is to fay: For apprehending each flave, paid to the perfon who delivered
fuch flave into cuftody, five fhillings ; for mileage, paid to the fame perfon, two
pence per mile; for a fufficient quantity of pro vifi on for. each, flave, fix-pence; for
advertifmg every flave as directed by this act, three fhillings and fix-pence ; for
receiving each flave, fix-pence; for poundage on money advanced, one fhilling in the
pound ; and the faid conftable, or mafter of the work houfe, fhall and may lawfully
detain any flave in cuftody until the fees and expences aforefaid be fully paid and fatis-
fied ; and in cafe the owner of fuch flave, or his overfeer, agent, manager, attorney, or
truftee fhall neglect or refufe to pay or fatisfy the faid fees and expences, for the fpace
of thirty days after the fame fhall be demanded, by notice in writing ferved on the
owner of fuch flave, or (if the owner is abfentfrom this province) upon his overfeer,
agent,
LA^S OF GEORGIA. 17
1
arent, manager, attorney, or truftee, the faid conftable, or mafter of the work A. D. 1770.
houfe, fhall and may expofe any fuch flave to fale at public outcry, firft giving ten No. 204.
days notice of fuch fale, and, after deducting the fee's and expences aforefaid, and
the charges of fuch fale, the overplus money arifing from fuch fale to be lodged in
the hands of any one juftice of the parifh where fuch fale fhall be made, and upon
demand to be by him returned to any perfon who has a right to demand and receive
the fame.
XXVII. And be it -further enabled, That if any conftable, or the mafter of the Penalty on con-
work houfe, fhall refufe to take into his or their cuftodv, any fugitive flave or ftab'es °r «*
' m '. . mafter of the
flaves, and to do and perform all the feveral fervices and duties required by the fore- work houfe not
going claufe, fuch conftable, or mafter of the work houfe, fhall forfeit a fum not l^^/S^
exceeding twenty pounds fterling, one half to be paid to the owner of fuch Have, in the foregoing
and the other half to the poor of the parifh, fuch fine to be recovered on proof caue'
being made of fuch offence being committed.
XXVIII. And forafmuc'h as, for want of knowing or finding the owners of any
fugitive flave to be delivered to him as aforefaid, the faid conftable, or mafter of the
work houfe, may not be obliged to keep fuch flave in his cuftody, and find and pro-
vide provifions for fuch flave over and beyond a reafonable time, Be it therefore entitled, Shves not
That if the owner or owners of fuch fugitive flaves fhall not, within trie fpace of claimed withis
0 »f • - -. . "x days after
fix days from the time of advertifing, make his, her, or their claim or claims, or it advertifing to
{hall not be otherwife made known to the faid conftable, or mafter of the work houfe, ^ commi"ed
' 'to the work
within the time aforefaid, to whom fuch committed flave fhall belong, the faid con- houfe.
{table fhall commit the faid flave to the cuftody of the mafter of the work; houfe in
Savannah, who fhall give a receipt for the fame, and pay the conftable his fees and
expences as directed by this act, and the faid mafter of the work houfe, fhall imme-
diately and conftantly advertife in the gazette of this province, for the fpace of
eighteen months, and, if not claimed in that time, it fhall be lawful for the faid
mafter of the work houfe to fell fuch flave at public outcry, he firft advertifing fuch
fale, together with the reafons thereof, and, out of the money arifing from fuch
fale, to deduct or retain to himfelf what fhall be then due for money by him difburfed
on the receipt of fuch flave, and for his fees and provifions, together with the
reafonable charges arifing by fuch fale, and the overplus money, if any, fhall be
rendered and paid by the faid mafter of the work houfe to the treafurer of the pro-
vince for the time being, in truft neverthelefs for the ufe of the owner or owners of
fuch flave, provided the fame be claimed by him, her or them, within one year and
a day after fuch fale, or, in default of fuch claim within the time aforefaid, to be
applied in aid of the general tax for any fum or fums which fhall or may have been
paid for negroes publicly executed : Provided neverthelefs ■, That on fufficient proof of Provifo.
the property being. in any perfon or perfons at any time, the public fhall be liable to
and pay the fame.
XXIX. And be it further enabled, That if any free perfon, or any flave, fhall Perfons hatbor-
harbor, conceal, or entertain any flave that fhall run away, or fhall. be charged or 'ng luriaw'ay
..-,.,.., ' • ', flaves how to be
■accufed of any criminal matter, every free negroe, mulattoe, and meftizoe, and punifhed.
every
\
174 DIGEST OF THE
A. D. 1770. every flave, that {hall harbor, conceal, or entertain any fuch (lave, being duly con-
No. 204. vic'ted thereof according to the direction of this aft, if a Have, (hall fuffer fuch
corporal punifhment, not extending to life or limb, as the juftice or juftices who
fhall try fuch flave fhall in his or their difcretion think fit, and if a free perfon, fhall
forfeit the fum of thirty (hillings for the firft day, and three (hillings for every day
fuch flave fliall have been abfent from his or her owner or employer, to be recovered
and applied as in this act hereafter is directed.
Perfons_ maim- XXX. And be it further eriaclcdy That if any perfon fliall be maimed, wounded,
anything pur- or difabled, in purfuing,. apprehending, of. taking any flave, that is j a fugitive, or
fuanttothe di- charged with any criminal offence, or in doing any other, act, matter, or thing, in
aft 'to be re- obedience to, or in purfuance of the direction of this act, he (hall receive fuch
warded by the reward from the public as by the general aflembly fhall be thought fitting and proper,
and if any fuch perfon (hall be killed, fuch reward (hall be given and paid to his heirs,
executors, or adminiftrators.
Penalty on per- XXXI. And be it further enaEiedy That if any retailer of ftrong liquors, or any
fe!HngSbeerf&c' ot^ier perfon or perfons, fhall give or fell to any (lave any beer or fpiritous liquors
to flaves with- whatfoever, without the licenfe or conient of the owner, or fuch other perfon who
«f their owners, fhall have the care and government of fuch flave, every perfon fo offending fliall for-
feit a fum not exceeding five pounds fterling for the firft offence, and for ,the fecond
offence ten pounds fterling, and fliall be bound in a recognizance in the fum of twenty
pounds fterling, with one or more fufficient fureties, before any one of the juftices
» of the peace of the parifh where fuch offence fhall be committed, not to offend in
like manner, and to be of good behavior for one year, and, for want of fuch fuffi-
cient fureties, to be committed to the neareft common gaol for a term not exceeding
three months.
Penalty on per- XXXII. And whereas many perfons purchafe provifions and other commodities,
with flave^lcc $rom flaves, by which the owners of fuch (laves are and may be great fufferers, (hould
fuch pernicious practices continue, Be it therefore enaEled> That immediately from
and after the paffing this act, any perfon or perfons whatfoever,, who (hall purchafe
from, or fell to for money, or barter with any (lave or fiaves for any fort of provifion,
or other commodities whatfoever, unlefs fuch (lave or (laves fliall produce a ticket
from his, her, or their employer, owner, or manager, allowing fuch (lave or flaves to
difpofe of fuch money, or purchafe or fell fuch provifion, or commodity, fhall, upon
conviction thereof, before any one or more juftices of the peace, for the parifh where
fuch offence (hall be committed, forfeit a fum not exceeding ten pounds, to be applied
one half to the poor of the faid parifh, and the other half to the informer, and fhall
find fufficient fecurity for his, her, or their good behavior for twelve months, and
in cafe of refufal, to pay fuch penalty or find fuch fecurity, then, and in fuch cafe,
he, (he, or they, (hall be by the faid juftice or juftices, committed to the neareft com-
mon gaol, there to be and remain for and during the fpace of three months : Pro-
Pr»vifo. vided always , That it fhall and may be lawful for any flave, who lives or is actually
employed in or near any town in the province, to buy and fell fruit, fifh, and garden
(luff, and to purchafe any thing for the ufe of their owner, manager, or employer,
in
LAWS OF GEORGIA. 175
in open market, under fuch regulations as are or may be bylaw made and appointed A. D. 1770.
concerning the market in fuch town or towns. No- 2e4«
XXXIII. And whereas it may in many cafes be difficult to procure fufficient evi-
dence or proof of fuch offence being committed, Be it therefore enacted. That where Evidence to be
any Have or Haves mail declare before any one or more juftice or juftices of the peace, fuch" offenders,
(of the probability of which declaration fuch juftice or juftices are hereby allowed to
judge) that any perfon or perfons whatever, are or have been guilty of fuch offences,
it ihall be taken for granted, (fuch probability appearing) that fuch perfons are guilty
of the faid offences, and every fuch perfon fhall be, and is hereby declared to be liable
to the penalties above inflicted on perfons fo offending, unlefs fuch perfon fhall make
it appear upon oath, to the fatisfaclion of fuch juftice or juftices, that he or (he is
not guilty of fuch offence.
XXXIV. And be it further enabled, That no owner, mafter, or miftrefs of any Penalty on
flave, after the paffing of this a£t, fhall permit or fuffer any of his, her, or their permitting ™
flaves, to go and work out of their refpective houfes or families, without a ticket in them to work
writing, under the pain of forfeiting the fum of thirty fhillings fterling for every fuch tickets.
offence, to be paid the one half to the juftices of the parifh for the ufe of the poor of
the parifh in which the offence is committed, and the other half to him or them that
will inform or fue for the fame ; and every perfon employing any flave, without a
ticket from the owner of fuch flave, fhall forfeit to the informer fifteen fhillings
fterling for each day he fo employs fuch flave, over and above the wages agreed to
be paid fuch flave for his work : Provided neverthelefs, That the faid penalty of Provifo.
fifteen fhillings each day, fhall not extend to any perfon whofe property in fuch flave
is difputed.
XXXV. And whereas feveral owners of flaves may permit them to keep canoes, Good9,&c. bar-
and to breed and raife horfes and neat cattle, and fo traffic and barter in the feveral 1™*S &rc',°tepc
parts of this province, for the particular and peculiar benefit of fuch flaves, by which by flaves for
means they may have not only an opportunity of receiving and concealing ftolen excerpt as before
goods, but to plot and confederate together, and form confpiracies, dangerous to the excepted, liable
peace and fafety of the whole province, Be it therefore enacted, That it fhall not be
lawful for any flave fo to buy, fell, trade, traffic, deal, or barter for any goods or com-
modities, (except as before excepted) nor fhall any flave be permitted to keep any
boat, pettiagua, or canoe, or to raife, breed, or keep, for the ufe and benefit of
fuch flave, any horfes, mares and neat cattle, under pain of forfeiting all the goods ,
and commodities which fhall be fo bought, fold, trafficked, traded, dealt, or bartered
for by any flave, and of all the boats, pettiaguas, canoes, horfes, or cattle, which any
flave fhall keep, raife, or breed for the peculiar ufe, benefit and profit of fuch flave ;
and it fhall and may be lawful for any perfon or perfons whatfoevcr, to feize and take
away from any flave, fuch goods, commodities, boats, pettiaguas, canoes, horfes,
mares, or neat cattle, and to deliver the fame to any juftice of the peace neareft to
the place where the feizure fhall be made, and fuch juftice fhall take the oath of fuch
perfon who fhall make any fuch feizure concerning the manner of feizing and taking
the fame, and if the faid juftice fhall be fatisfied that fuch feizure hath been made
according
i-]6 DIGEST OF THE
A. D. 1770. according to the directions of this act, he fhall pronounce and declare the goods £0
No. io\. feized as aforefaid, to be forfeited, and fhall order the fame to be fold at public out-
cry, and the monies arifmg from fuch fale fhall be difpofed of and applied as is herein
after directed : Provided always, That if any goods fhall be feized which came to the
pofleffion of any flave by theft, finding, or otherwife, without the knowledge, privity,
confent, or conveyance of the perfons who have a right to the property or lawful
cuftody of any fuch goods, the fame fhall be reftored, on fuch perfon's making oath
before any juftice as aforefaid, who is hereby empowered to adminifter fuch oath to
the effect or in the following words : I, A. B. do fincerely fwear, that I have a juffc -
and lawful right or title to certain gOods feized and taken by C. D. out of the pof-
feffion of a flave named E. that I did not, directly or indirectly, permit or fuffer the
faid flave, or any other flave whatsoever, to keep and employ the faid goods for the
ufe, benefit, or profit, of any flave whatfoever, or to fell, barter, or give away the
fame, but that the fame goods were in pofTeffion of the faid flave by theft, finding,
or otherwife, or to be kept bona fide for the ufe of E. F. a free perfon, and not for
the ufe or benefit of any flave whatfoever, fo help me God ; which oath fhall be
Provifo, taken as the cafe fhall happen : Provided alfo, That it fhall be lawful for any perfon,
being the owner or having the care and government of any flave, who refides, or is
ufually employed in any part of this province without the limits of any town, to give
licenfe or permiflion to fell, exchange, or barter, in Savannah, or elfewhere within this
province, the goods, or commodities of the owner, or other perfon having the care
and government of fuch flave, provided, that in fuch licenfe or permiflion the quan-
tity and quality of the goods and commodities with which fuch flave fhall be entrufled
be particularly and diftinctly fet down and fpecified, and figned by the owner, or
other perfon having the care or government of fuch flave, or by fome other perfon by
his or their order 2nd direction.
XXXVI. And, as it is abfolutely necefiary to the fafety of this province that all
due care be taken to reftrain the wandering and meeting of negroes and other fiaves,
at all times, and more efpeeially on Saturday nights, Sundays, and other holidays, and
their ufing and carrying mifchievous and dangerous weapons, or ufing and keeping of
drums, horns, or other loud inftruments, which may call together, or give fign or
notice to one another, of their wicked defigns and intentions, and that all rnafters,.
v- owners, and others, may be enjoined diligently and carefully to prevent the fame,
Slaves found ^e lt enaEled, That it fhall and may be lawful for any perfon whomfoever to appre-
out-of the plan, foend and take up any negroe, or other flave, that fhall be found out of the plan-
owners without tation of his 6r their mafter, or owner, at any time, efpeeially on Saturday nights,
a ticket, or with SunrfayS) or other holidays, not being on lawful bufinefs and with a ticket from their
armed, to be mafter, or not having a white perfon with them, and the faid flave or fiaves met or
taken up and found out 0f ^g plantation of his or their mafter or miftrefs, though with a ticket, if
whipped,. &c r . . , .
he or they be armed with fuch offenfive weapons aforefaid, him or them to difarm,
take up, and whip 5 and whatfoever mafter, or owner, or overfeer, fhall permit or.
fuffer his or their flave or fiaves, at any time hereafter to beat drums, blow horns, or
ether loud inftruments, or whofoever fhall fuffer and countenance any public meetings
or
LAWS OF GEORGIA. 177
or feaftings of ftrange flaves in their plantations, (hall forfeit thirty millings flerling A. D. 1770.
for every fuch offence, upon conviction or proof as aforefaid, provided an infor- No* 3°4-
mation or other fuit be commenced within one month after the forfeiture thereof.
XXXVII. And be it further enabled, That no flave or flaves fhall be permitted to Slaves not to
rent or hire any home, room, itore, or plantation, on his or her own account, or houfe, &c
to be ufed or occupied by any flave or flaves, and any perfon or perfons who fhall
let or hire any houfe, room, or plantation, to any flave or flaves, or to any free
perfon to be occupied by any flave or flaves, every perfon fo offending fliall forfeit
and pay to the informer a fum not exceeding twenty pounds.
XXXVIII. And whereas it may be attended with ill confequences to permit a great Men flaves ex-
number of flaves to travel together on the high roads without fome white perfon in "mbef not" to
company with them, Be it therefore enabled, That no men flaves, exceeding feven in travel in any
number, fhall hereafter be permitted to travel together in any high road in this pro- out a white per-
vince without fome white perfon with them, and it fhall and may be lawful for any fon-
perfon or perfons, who fhall fee any men flaves, exceeding feven in number, without
fome white perfon with them as aforefaid, travelling or affembling together, in any
high road, to apprehend all and every fuch flaves, and may whip them not exceeding
twenty lafhes on the bare back.
XXXIX. And whereas the having flaves taught to write, or fuffering them to be
employed in writing, may be attended with great inconveniences, Be it therefore en- Penalty on per-
abled, That all and every perfon and perfons whatfoever, who fhall hereafter teach, fl^Vt" write.
or caufe any flave or flaves to be taught to write, or read writing, or fhall ufe or em-
ploy any flave as a fcribe in any manner of writing whatfoever, every fuch perfon
and perfons fhall for every fuch offence forfeit the fum of twenty pounds fterling.
XL. And whereas the inhabitants of this province are liable to have their flaves
inveigled, ftolen, or carried away, and may receive great prejudice and damage by
fuch unwarrantable and wicked practices, Be it therefore enabled, That all and every inveigling of
perfon or perfons who fliall inveigle, ileal, or carry away any negroe, or other flave i^say.
or flaves, or fhall hire, aid, or counfel any perfon or perfons to inveigle, fteal, or
carry away, as aforefaid, any fuch flave or flaves, or that fhall aid any fuch flave in
running away or departing from his mailer's or employer's fervice, or fhall give a ticket
or pafs whereby fuch flave fhall depart from the fervice of his or her faid owner,
manager, or employer fhall be, and he and they is and are hereby declared guilty of
felony, and, being thereof convicted or attainted, fhall ftand mute, or will not
directly anfwer to the indictment, or will peremptorily challenge above the number
of twenty of the jury, fliall fuffer death as felons, and be excluded and debarred of
the benefit of clergy.
XLI. And be it further enacted, That if any perfon fhall, on the Lord's day, com- Penalty on per-
monly called Sunday, employ any flave in any work or labor, (works of abfolute ?ns " ^.g k
neceffity and the neceffary occafions of the family only excepted) every perfon fo on Sundays,
offending fhall forfeit and pay the fum of ten millings for every flave he, fhe, or
they, fhall fo caufe to work or labor.
Z XLII.
i73
DIGEST OF THE
A. D. 1770.
No. 204.
Murdering of
flavts how to
be pur)ifh<;d.
Penalty on per-
rons not keep-
ing a white per-
fon on planta-
tion.
Perfon sfued for
executing this
aiS may plead
the gentral iiTue
XLII. And whereas cruelty is not only highly unbecoming thofe who profefs them-
felves Chriftians, but is odious in the eyes of all men who have any fenfe of virtue or
humanity, therefore, to reftrain and prevent barbarity being exercifed towards Haves,
Be it enapied, That if any perfon or perfons fhall wilfully murder* his own flave, or
the flave of any other perfon, every fuch perfon fhall, upon conviction thereof by the
oath of two witneffes, be adjudged guilty of felony for the firft offence, and have the
benefit of clergy, making fatisfaction to the owner of fuch flave, and fhall be ren-
dered, and is hereby declared altogether incapable of holding any place of truft, or
of exercifing, enjoying, or receiving the profits of any office, place or employment,
civil or military, within this province y but if any perfon fhall offend in like manner
a fecond time, fuch fecond offence fhall be deemed murder, and the offender fuffer
death for the faid crime, and fhall forfeit as much of his lands, tenements, goods,
and chattels, as may be fufficient to fatisfy the owner of fuch flave fo killed as aforefaid j
and in cafe any perfon fhall not be able to make the fatisfaction hereby required on
committing the firft offence, every fuch perfon fhall be lent to any frontier garrifon
of this province, or committed to the gaol at Savannah, and there to remain at the
public expenee, for the fpace of feven years, and to ferve or be kept to hard labor,
and the pay ufually allowed by the public to foldiers of fuch garrifons, or the pro-
fits of the labor of the offender, fhall be paid to the owner of the flave murdered ;
and if any perfon fhall, on a fudden heat of paffion, and without any ill intent, kill
the flave of any other perfon, he fhall forfeit the value of the faid flave fo killed, to
be appraifed by any three or more freeholders ; and, in cafe any perfon or perfons
ihall wilfully cut out the tongue, put out the eye, caflrate, or cruelly fcald, burn,
or deprive any flave of any limb or member, or fhall inflict any other cruel punilh-
ments, other than by whipping or beating with a horfewhip, cowfkin, fwitch, or
fmall flick, or by putting irons on, or confining or imprifoning fuch flave, every fuch
perfon fhall, for every fuch offence, forfeit a fum not exceeding fifty poundsjferlwg.
XLIII. And whereas plantations fettled with flaves, without any white man thereon,
may be harbors for runaway and fugitive flaves, Be it therefore enaBed, That no per-
fon or perfons hereafter fhall keep any flaves, on any plantation or fettlement, without
having a white man on fuch plantation or fettlement, under pain of forfeiting the
fum of five pounds Jter/ing for every month which any fuch perfon fhall fo keep any
flaves on any plantation or fettlement, without a white man as aforefaid ; and every
owner of any plantation or fettlement, for every twenty-five flaves, of the age of fix-
teen and upwards which fuch owner fhall have thereon, fhall be, and is hereby
obliged to retain and keep in his or her fervice, on fuch plantation or fettlement,
one white man capable of bearing arms, under the pain of forfeiting five pounds per
month for every white man wanting thereon.
XLIV. And be it further enaBed, That if any perfon fhall be, at any time fued
for putting in execution any of the powers contained in this act, fuch perfon fhall
and may plead the general iffue, and give the fpecial matter and this act in evidence,
and if the plaintiff be non-fuited, or a verdict pafs for the defendant, or if the plain-
tiff
* Th« murder of a flave is punifhable in like manner as the murder of a white j>erfoa. See conft.-»f 179S.
LAWS OF GEORGIA.
179
tiff difcontinue his action, or enter a noli profequi, or if upon demurrer judgment
be given for the defendant, every fuch defendant fhall have his full cofls.
XLV. And be it further enaBedy That this act, and all the claufes therein contained,
(hall be conftrued mod largely and beneficially for the promoting and carrying into
execution this act, and for the encouragement and juflification of all perfons to be
employed in the execution thereof, and that no record, warrant, precept, or commit-
ment, to be made by virtue of this act, or the proceedings thereupon, fhall be re-
verfed, avoided, or any wife impeached by reafon of any default in form.
XLVI. And be it enaBedy That all fines and penalties and forfeitures impofed or
inflicted by this act, which are not hereby particularly difpofed of, or the manner of
the recovering directed, fhall, if not exceeding the value of eight pounds Jlerlingy be
recovered as is directed in and by an act for the more eafy and fpeedy recovery of
fmall debts and damages, in the parifh where fuch offence fhall be committed ; and
in cafe fuch fine, penalty, or forfeiture, fhall exceed the fum of eight pounds fter ling,
the fame fhall be recovered by action of debt, bill, plaint, or information, in the
general court of this province j and all the faid fines, penalties, and forfeitures,
which fhall be recovered by this a£t, and are not before particularly difpofed of, fhall
be one half to his majefly, his heirs and fucceffors, and to be paid to the treafurer,
to be applied in aid of the general tax, towards paying for fuch flaves as are executed
by virtue of this act, and the other half to the informer or informers.
XLVII. And be it further enaBedy That his majefly's part of the fines, penalties
and forfeitures,* which fhall be recovered by virtue of this act, fhall be paid into
the hands of the juftices, or in the court where the fame fhall be recovered, who
fhall make a memorial or record of the fame to the treafurer of this province from
the faid court of juftices, who fhall receive his majefty's part of fuch fines and for-
feitures, which memorial fhail be a charge on the judges or juftices refpectively to
whom the fame fhall be paid, and the treafurer of this province for the time being
fhall and may, and he is hereby authorized and empowered to levy and recover the
fame by warrant of diftrefs and fale of the goods and chattels of the faid judges or
juftices refpectively who fhall be charged with the fame, in cafe they or any of them
{hall neglect or refufe to make fuch memorial, or record as aforefaid, or fend fuch
tranfcript thereof as is before directed, or fhall neglect or refufe to pay the fame
over to the treafurer within thirty days after the receipt of the fame.
XLVIII. And be it further enaBedy That this act fhall be deemed a public act, and
fhall be taken notice of without pleading the fame before all judges, juftices, magif-
trates, and courts within this province.
XLIX. And be it further enaBedy That this act fhall continue and be in force for
and during the term of five years, and from thence to the end of the then next
feflion of the genera! affembly, and no longer.f
N. W. JONES, Speaker.
JAMES HABERSHAM, Preftdent.
An
A. D. 1770.
No. 204.
Thisa£t,andall
the claufes
therein contain-
ed, (hall be con-
ftrued moft be-
neficial for car-
rying the lame
into execution.
Fine?, &c. not
hereby difpofed
of, or the man-
ner of recovery
directed, how-
to be recovered
and -applied.
James Wright.
May 10, 1770.
This act to be
deemed a public
acT:.
Continuation of
this a&.
* Now applied to the ufe of the State. See Revival Act of 1784, No. 287.
t The next feflion, after the expiration of the five years, was held in 1777. Confequ«ntly, this act being in
full force at the time of the revolution, the fame is perpetuated by ad of 1784, No. 287.
i8o DIGEST OF THE
A. D. 1 77-' An Ordinance for reappointing Benjamin Franklin, Efquire, agent to folicit the affairs
No. 205. of this province in Great Britain , to commence the firjl day of June next, and to. con-
tinue for one year.
May 10..
Obfolete.
No. 206, An Ordinance for appointing packers and infpeclors for the ports of Savannah and Sunbury;
and aifo cullers and infpeclors of lumber in the f aid ports.
May 10.
Part obfolete; and the rejl repealed by acl of 1790, No. 455°
No. 207. An Ordinance for appointing Andrew Elton Wells harbor mafler for the port of Savannah*
May 10,. 1770.
Obfolete.
No. 2c8. An Acl for granting to his majefy the fum of £3355 9 Oz for the ufe andfupport of
the government of Georgia for the year 1770, to be raifed at certain rates and after the
method therein mentioned; and for the more effeclual collecling of arrears ; and for ex-
empting the pari/hes of Saint David, Saint Patrick, Saint Thomas, and Saint JUary^
they not being reprefented.
May 10.
Obfolete.
A. D. 1773*
No. 209. An Ordinance for re-appointing Benjamin Franklitij Ef quire, ogent to folicit the affairs.
of this province in Great Britain..
September 29, 1 773*
Obfolete.
No. 2to. An All for granting to his majefy the fum of £slll lS l-0\ for the ufe and fupport of
the government of Georgia for the year 1773, to be raifed at certain rates and after
the method therein mentioned.
September 29,
Obfolete.
Nc. ait. An Acl for granting to his majefy a duty upon raw meat hides, exported from this province,.
and for preventing the exportation of unmerchantable tanned leather.
September 29.
Obfolete*
An
LAWS OF GEORGIA. 181
An Acl to empower the commiffioner s or furveyors to lay out, make and repair the roads A. D. 1773.
already laid out, or that may hereafter be necejfary, and alfo to clear the rivers and No. 21a.
creeks within their rejbeftive divi/ions.
September 29-
Obfolcte*
An Ac! to prevent counterfeiting the paper money of other his majef- ^0i 213,
ty*s colonies or province in America*
I. |3 E it enabled, That if any perfon or perfons after the paffing of this act, (hall, Felony tocoun-
J|_3 within this province, prepare,, engrave, (lamp, or print, or caufe or procure to *?*(«* the cur-
be prepared, engraved, ftamped or printed, the counterfeit refemblance of any paper the provinces.
money which now is, or hereafter may be circulated in payments by legiflative autho-
rity, in any Britifh colony or plantation in America, with intention that fuch coun-
terfeit paper {hall be pafTed in payment, whether the fame be fo paired or not, fhall
be adjudged a felon, and (hall fufFer death without benefit of clergy ; and if any per-
fon or perfons fhall in this province pay, or tender in payment, any fuch counterfeit-
ed money, knowing the fame to be forged or counterfeited,- altered or erafed, every
fuch perfon, being lawfully convicted, fhall forfeit the fum of two hundred pounds
current money of this province, and fhall be imprifoned in the common gaol for fix
calender months, and during fuch imprifonment fhall be publicly whipped three times.
II. And be it further enabled by the authority of or ef aid, That this act fhall continue Continuance g|E
and be in force for the term of five years, and from thence to the end of the next fef- * '""" '
fion of the general aflembly, and no longer.f
WILLIAM YOUNG, Speaker.
, JAMES HABERSHAM, Prefdent.
James Wright.
September 29, 1773.
* See act of 17S6, No. 349, to prevent counterfeiting paper money of this State.
f This act being in force at the time of the revolution, the fame is perpetuated by acls of 17S3, No. 279,
and 1784, No. 287.
An A3 for the better ordering the militia: No. 214.
September 29.
Obfolete.
An Ordinance appointing the Honorable Grey Elliott, Ej "quire, agent, to folicit the a fairs Nov*i5»-
of this province in Great Britain, in cafe of the abfence of Benjamin Franklin, Efq.
from Great Britain*
September 29.
Obfolcte*-
An<
i8a DIGEST OF THE
A. D. 1773. An Acl to oblige maflers of veffels and other tranfienl perfons importing negroes or other
No* zi6. flaves, goods, wares, and merchandize, to pay tax for the fame ; and to compel the
perfons dire tied to receive the fame, to give fecurity for the due performance of their
office, and for the monies that may be received by them, by virtue of any acl of this
province.
September 29, 1773.
Obfolete.
No. 317. An Acl to enforce the payment of arrears of taxes due in this province, from perfons hilding,
or claiming to hold lands, by virtue of and under grants, ftgned by the governor of
South Carolina, in the year of our Lord, 1763.
September 29.
No. 418. An Acl to prevent m'fchiefs arifngfrom the pratlice of hunting or killing deer by firelight,
in the nieht time.
September 29.
Revifed and re-enacled with alterations, by at! of 1790, No. 444.
No. 319. An Acl to prevent damages arifmg from dams or banks, and for pre-
venting perfons from flopping the natural courfe or courfes of water
to the injury of their neighbors**
No perfons fliall "^"Y 7"HERE AS it hath become a practice for perfons to make dams or banks for
keepCup thena- ▼ ▼ tne referving or flopping of water, and at unfeafonable times to let off the
turai courfe of water fo flopped or referved to the manifefl injury of their neighbors, to prevent,
overflow any therefore, fuch injuries for the future, Beit enabled, That from and after the paffing
other perfons 0f this a£t, no perfons whomfoever fhall be permitted or allowed to make or keep up
their confent, *nY dams or banks to flop up the natural courfe of any water or waters, fo as to
&c* overflow the lands of any other perfon or perfons, without the confent of fuch per-
fou or perfons being firfl had and obtained, nor fhall any perfon or perfons whomfo-
ever flop or prevent any water or waters from running off any perfon or perfons field,
whereby fuch perfon or perfons may be prevented from planting in feafon, or receive
any other injury, nor fo as to turn the natural courfe of any water or waters from one
channel or fwamp to another, to the prejudice of any neighbor or neighbors, or any
other perfon or perfons whomfoever.
II. And be it further enabled, That in cafe any perfon or perfons fhall make or
keep up any fuch dams or banks, to the injury of any other perfon or perfons, by
overflowing their lands as aforefaid, upon complaint being made thereof by the party
injured
* See aft of 1787, No. 363, refpecTing dams acrofs rice grounds.
LAWS OF GEORGIA. 183
injured to any juftice of the peace for the diftrict where the offence (hall be commit- A, D. 1773.
ted, fuch juftice fhall be, and he is hereby fully empowered, authorized and requir- No* 2T9-
ed, to fummon five freeholders of the faid diftrict, one of whom fhall be named Sfce"^ f»m-
by the faid juftice, and two by each of the parties, and fuch freeholders being firft &v>n five free-
fworn before fuch juftice to determine the matter juftly and impartially, fliall forth- teri&ine. matters
with proceed to view the faid banks and dams, and the damage complained of, and complained of,
immediately certify the matter as they fliall find it, under their hands, to the faid juilice, '
and, in cafe an award fhall be given in favor of the complainant, the faid juftice
fliall immediately make an order to cut open the bank or dam in fuch manner as to
prevent any further damage, the expence whereof, and all other expences attending
the profecution, to be paid by the offender.
III. And be it further enacted, That in cafe any damage fliall have been already Damages fnf-
fuftained by the complainant, either by fuch dams or banks being kept up, or by framed Lmhe
letting off any referved waters, the faid freeholders fhall, upon view thereof, afcer- freeholders, and
tain and certify the fame, under their hands, to the faid juftice, which damages fo ty Wendine.''' ""
afcertained the offender fhall immediately pay and fatisfy to the party grieved, and,
in cafe of neglect or refufal fo to do in ten days, the faid damage, if it does not
exceed the fum of eight pounds, fliall and may be recovered in the fame way as
debt and damages are directed to be recovered and levied by the act, entitled, " An
act for the more eafy and fpeedy recovery of fmall debts and damages, and, in cafe
the faid freeholders fliall be of opinion that fuch damages do not exceed the fum of
eight pounds, then fuch damages fhall and may be recovered in any court of record
in this province in the ufual manner ; Provided always, That nothing in this act
fhall extend, or be conftrued to fubject any perfon or perfons who fhall have made or
caufe to be made, or fliall make or caufe to be made, any banks or dams, to referve
or (top water, to pay any damages v/hich may be fuftained by breaking of the faid
dams or banks, when occafioned by violent rains or floods, or when there may be
an abfolute neceffity for cutting the faid dams or banks to prevent the breaking of
the fame ; and in cafe any freeholder fhall neglect or refufe to obey the fummons
of the juftice, or any other matter herein directed, fuch freeholder fhall (unlefs he
can make a reafonable excufe) forfeit a fum not exceeding .five pounds, nor lefs
than forty {hillings, to be fued for and recovered by the act, entitled " An act
for the more eafy and fpeedy recovery of fmall debts and damages •," and to be ap-
plied, the one half to the informer, and the other half to his majefty, to be paid
into the hands of the treafurer, for fuch ufe and purpofes as the general aflembly
fliall think proper.
IV. And be it further enacted, That the freeholders fhall each be allowed for their Freeholders m
trouble and attendance herein, the fum of five {hillings for each day's attendance on aay f0°r theira^
the fame, to be paid by the party or parties offending. tendance.
V. And be it further enacted, That in cafe any perfon or perfons whomfoever, Perfons fued for
fliall be fued or impleaded for any matter or thing, committed or done in purfuance *V? thin» done:
of the directions of this act, it fliall and may be lawful for fuch perfon or perfons to this a<a may
plead the general iffue, and give this act and the fpecial matter in evidence, and P!^the gen3"
in
i84 DIGEST OF THE
A. D. i?73* in cafe the plaintiff fhall become non-fuit, fuffer a discontinuance, or a verdict fhall
No. 219. pafs ngainft him, the defendant (hall be allowed double cofts.
Continuation of VI. And be it further enacted, That this a£t (hall continue and be in force for the
term of three years, and from thence to the end of the next feffion of the generaL
alTembly, and no longer.*
WILLIAM YOUNG, Speaker.
JAMES HABERSHAM, Prefdent.
September 29, 1 7 73.
James Wright.
* The next feffion after the expiration of the three years, was held in 1777, confequently this acft being in
force at the time of the revolution, the fame is perpetuated by ac-ls of 1783, No. 279, and 1784, No. 287.
No. sio. An Acl to prevent the Jlealing of horfes and neat cattle, and unlaw-
fully branding, marking, killing, or driving the fame.
Stealing; of bor- j, +T|H| E it enatled, That immediately from and after the paffing of this acl, every
how to be pu- JL3 perfon or perfons taking or fteaiing any horfe, mare, gelding, colt, filly, or
mfhed. neat Cattle, and all acceffaries, as well before as after fuch offence committed, and
who fhall be legally and duly convicted thereof, fhall for the firft offence, be fet in
the pillory, a fpace not exceeding four hours, nor lefs than two hours, in fome pub-
lic place, by the provoft marfhal or his minifters, and fuffer fuch imprifonment as the
court fhall think proper, and before difcharged, be publicly whipped on his bare back
three feveral times, and receive at each time thirty-nine lafhes, and alfo fhall be
branded on the fhoulder with the letter R. ; and for the fecond offence, upon due
conviction thereof, fhall be adjudged guilty of felony without benefit of clergy.
Sales of horfes, II. And be it further enatled, That immediately from and after the palling of this
&c. when to be a(rv upon tne fa}e or exchange of any horfe, mare, gelding, colt, filly, or neat cattle.
vouched before . ' r f ' ' . ° °r • , , , ,••„''
toll mailers and the perfon or perlons 10 lelhng or exchanging the lame, if required by the purchafer,
a certificate ^ ij j-,e avouc}ied and tolled, and a certificate thereof obtained from the toll mafter,
thereof obtain- ' - »
ed. except however, public fales of horfes or neat cattle, by executors or adminiftrators
belonging to the eftates of perfons deceafed, for which he, fhe, or they, may act in
fuch capacity, and except alfo fales by the provoft marfhal or his deputies, conftables,
or other perfons empowered by any a£t of the general affembly of this province, to
make, diftrefs, and levy execution.
Juflices of the III. And be it further enatled, That the juftices affigned to keep the peace in the
peace are ap- feverai parifhes in this province fhall be, and they are hereby appointed to be toll
mafters. Seeflfft mailers in their refpeftive parifhes, and are hereby declared to have full authority
No. 454. tQ exerc}fe a]j an(j every the powers in them vefted as toll mafters, by virtue of
this act.
IV. And be it further enabled, That the toll mafters hereby appointed fhall admi-
nister oaths to the perfons avouching or tolling before them refpectively, touching
the
I This fedion, fo far as refpedb horfes, repealed by act. of 1 791, No. 447 — the reft in force.
«
LAWS OF GEOROIA. m -85
if the perfon fo tolling, (of the fufficlency of which proof, A. D. 1773.
y declared to be judges) and, upon fueh proof appearing, "No. 220.
tnd directed to avouch or toll any horfe,- mare, gelding, To11 matters to
Eliy, -. ae»E ^aiiie, produced to them or either of them, and in a /book to be avouching-, and
kept for that purpofe',- (hall enter the time of fate., and the name and place of dwell- hecP a ^"Ja*^
ing of every feller and buyer of fuch horfe, mare," gelding, colt, or filly* burnt mark buyers, mark?!
or other notable flefh mark thereof, and the price for which the fame, is fold,-or the &c>
value of what may be given in exchange, and {hall, under his hand and feal, give a
certificate of fuch entry to every perfon requiring the fame, upon the payment of
one milling and fix-pence for his trouble therein, under the penalty of three pounds
for every neglect or refufal of any or either of the faid toll nfafiers.
V. And be it further enabled. That if any horfe, mare, gelding, colt, or filly, Stolen horfes,
after the pafiW of this act fhall be ftolen, and afterwards ilia 11 be fold and toiled as *?' ,fold a^
. r b . ; tolled may "bt
aforefaid, that yet neverthelefs the fale of any fuch horfe, mare, gelding, coll,' or regained bj-pfo-
filly, fhall not take away the property of the owner from whom the fame was ftolen, chimed' in 11
fo as a claim be made in 'fix months after the offence or felony done by the party months,
from whom the farne was ftolen, or by his executors or adminiftrators, or by any
other perfon of their appointment in the pari-fh where the fame horfe, mare, gelding,
colt, .or filly, fhall be found, before any juftklte of. the peace of the faid parifh, and
fo that,the proof be" made within forty days then next enfuing by two fulficient wit-
, neffes to- be produced, and depofe before fuch juflice of the peace that the property
of fuch horfe, mare, gelding, colt, of filly, fo claimed, was the property of the party
. by and from whom fuch claim is made, and was ftolen from him or her within fix
months nextbefore fuch claim of any horfe,mare, gelding, colt, or filly, but ihat the par-
ty from whom the faid horfe, mare, gelding, colt, or filly was ftolen, his or her execu-
tors or adminiftrators, fhall and may at all times after, notwithftanding any fuch fale
en* fales, have again and enjoy the faid horfe, mare, gelding, colt, or filly, upon pay-
'. ment to the party that fhall have in poffelTion the fame fo much money as fhall appear
to have been paid by him or her, by a certificate from the toll matter, or, by oath be-
- fore any juftice of the peace, that he or fhe has paid fuch value without fraud or
collufion, any law, cu (torn, or ufage tq the . contrary notwithftanding.
VIv And be it further enaBed, That no toll matter hereby appointed fhall toll any Toll matter not
horfe, mare, gelding, colt, filly, or neat cattle fold, or offered for fale, by ary perfon ^' 'offet'ed^fbr
or perfons, not being freeholders in this province, unlefs the faid perfon or perfons fale by perfons
produce a certificate, under the hands and feals of two or more juftices of the ^'hou^cerUfi-
peace of their refpeclive counties or parifhes where they ufually refide, of their cate of legal
being legally pofleffed of the fame, under 'the penalty of three pounds for every po c*lon'.
horfe, mare, gelding, colt, filly, or neat cattle, fo by him tolled.
VII. And, in order to prevent, as much as may be, the pernicious practice of jp-enalty for un-
unlawfully branding, marking or disfiguring of horfes and neat cattle, Be it further l™Jfm™tl*u-
enatledy That immediately from and after the paffing of this act, every perfon with- rifdiclion now
in this province, who fhall be lawfully convicted of killing, or of branding, marking, JfoSa»l ?° *hljrtar
or disfiguring the brand, or altering the brand of any horfe, mare, gelding, colt,
A a . filly,
>
186 DIGEST OF THE
A. D. 1773. filly, or neat cattle, or of driving them, or either of them 0/? '• Mr ufu ; r3i
No. azo. or place of feeding, wantonly, and not with an intention to f
property of fiich perfon or perfons, (except by order a
owner or owners thereof ) upon oath of any one or more eviucm^i, before
more juftices of the peace in any parifh within the fame, (hall, befides the damages
otherwife recoverable by law, forfeit, for every fuch offence, a fum not exceeding
eight pounds, to be recovered by warrant of diftrefs and fale of the offender's goods,
under the hands and feals of fuch juftices, and be applied one half to the informer,
and the other half for the ufe of the poor of the parifh where fuch offence was
committed ; and, in cafe no diftrefs fhall be found whereon to levy fuch forfeiture,
then, and in fuch cafe, the party or parties offending fhall be committed to the
common gaol of Savannah, there to remain for the fpace of one month, and fhall
receive fuch corporal punifhmenr, by whipping on the bare back not exceeding
thirty-nine lafhes, as to fuch juftices fhall feem meet.
Penalty on per- VIII. And be it further enacled, That no perfon or perfons whatever fhall order or
tons oiaenng d;re£fc his, her, or their Have or flaves, to kill, mark, or brand, any horfes or neat
flaves to kill, ' _ . }
mark, &c hor- cattle, fuch perfon not being at the fame time prefent, or caufmg fome white perfon
5, qattle» &c* to be prefent, at fuch killing, marking, or branding, nor fhall order any of his, her,
or their flave or flaves, to drive any horfe or neat cattle from their ufual place of feed-
ing, unlefs he, fhe, or they, fhall give fuch flave or flaves a ticket in writing for that
purpofe, under the penalty of a fum not exceeding eight pounds, to be heard and ad-
judged, recovered and applied, as herein is before directed, and, in cafe any flave or
flaves fhall be found killing, marking, branding, or driving any horfe or neat cattle,
contrary to the directions of this act, every fuch flave or flaves, being convicted thereof
by the evidence of a white perfon, or of a flave, fhall be punifhed, by whipping on the
bare back not exceeding thirty-nine lafhes, by order or warrant of any juftice of the
peace before whom the fact fhall be proved.
IX. Refpects the taking up eftrays. — Repealed by act of 1791, No. 454.
Perfons driving ■%■• J^n& clv^ereas there are in many parts of this province gangs of wild, horfes and
up, &c. wild neat cattle, to which, or any of which, no property can with any degree of certainty
to proceed". De claimed or made out, and the keeping fuch horfes and neat cattle within inclofures
for any length of time will be attended with confiderable trouble and expence, Be it
further enatled, That in cafe any perfon or perfons fhall drive up and pen, or put ini
any inclofure, any horfe, mare,, colt, filly, or neat cattle, that are wild, fuch per-
fon or perfons fhall give notice thereof to any toil mailer in the parifh where the fame
fhall happen, within ten days, after fuch driving up, under the penalty of twenty fhil-
lings for every fuch horfe,, mare,, colt, filly, or neat cattle, fo drove up,, to be reco-
vered, levied, and applied, as herein is before directed, and fuch toll mafter is hereby
directed and required to fix an advertifement at the feveral places of worfhip., or at
the courts of confeience, in fuch parifh, and, if within thirty miles of Savannah,
then alfo in the gazette, giving notice thereof, and, where fuch wild horfes, mares,,
eolts, filliefj. or neat cattle ace, and that any perfon. or perfons claiming any right or
title to any fuch horfes, mares, colts, fillies, or neat cattle may view the fame, and
claim fuch right within thirty days, and, in cafe any perfon. or perfons. fhall within,
£uch
LAWS OF GEORGIA.
187
fuch time prove his, her, or their property therein to the fatisfaction of the toll mailer,
the fame to be delivered to him, her, or them upon paying fuch reafonable charges
and expence for driving up and keeping fuch horfes, mares, colts, fillies, or neat cat-
tle, as the faid toll mafter fhall direct, together with one (hilling and fix-pence for his
trouble therein, and, in cafe of refufal of paying the fame, then fuch charge and ex-
pence, and fees for the fame, to be levied by warrant of diftrefs and fale, under the
hand and feal of fuch toll mafter, either upon fuch horfes, mares, colts, fillies, cr nezt
cattle, or upon any other of the effects of fuch perfon or perfons, and, in cafe no
owner or owners (hall appear to claim fuch horfes, mares, colts, fillies, or neat cattle,
within the time limited by fuch advertifement, it (hall and may be lawful to and for
fuch toll mafter to fell the fame by public outcry, and, out of the proceeds thereof,
to pay the reafonable charges of driving up and keeping, and the remainder, after de«
ducting his fees and charges of fale, to be applied as herein before directed.
XI. And be it further enabled. That every horfe, mare, gelding, colt, filly, or neat
cattle, that (hall or may hereafter be (hipped from any port in this province, (hall,
before the fame be put on board any (hip or veflel, firft be avouched and tolled be-
fore the comptroller of the country duties at their refpeclive ports from whence the
fame are intended to be (hipped, who are hereby directed and required to avouch
and toll the fame, and, in a book to be kept for that purpofe, (hall enter the time
the fame was or were avouched and tolled, and the name of fuch perfon fo avouch-
ing and tolling fuch horfes, mares, geldings, colts, fillies, or neat cattle, and the
burnt mark or other notable flefh marks thereof, and the price and prices that was
or were for the fame refpectively given, and (hall, under his hand and feal, give a
certificate of fuch entry to the perfon or perfons fo avouching or tolling the fame,
upon payment of one (hilling and Cix-pencefer/ing for his trouble therein, under the
penalty of five pounds for every neglect or refufal of the faid comptroller.
XII. And be it further enacted, That the faid book (hall be liable to be infpected
by any perfon or perfons whatfoever, upon payment by each and every perfon or
perfons to the faid comptroller or comptrollers the fum of nine-pence for each fearch.
XIII. And, for the better preventing any horfes, mares, geldings, colts, fillies,
or neat cattle, being (hipped or exported before the fame (hall be fo avouched and
tolled as aforefaid, the mafter or commander of every (hip or veflel (hall, before the
veflel be cleared out on board which the fame (hall be (hipped, or intended to be (hip-
ped, be obliged to take the following oath before the comptroller of the country
duties, that is to fay: That the manifeft of the cargo then produced contains a true and
juft account of all the cargo ; that there is no horfe, mare, gelding, colt, filly, or
neat cattle, on board the faid (hip or veflel, except what is mentioned and contained
therein ; and that he doth not intend, or will take on board his veflel, before his
departure from this province, any horfe, mare, gelding, colt, filly, or neat cattle,
except as exprefled in the manifeft aforefaid : Whichoath the faid comptroller of the
port where any veflel or veffels (hall clear out is hereby empowered and required to
adminifter to every mafter or commander of any (hip or veflel, under the penalty
of three pounds for every mafter of any fhip or veflel he (hall omit or neglect to,
fwear as aforefaid j and every horfe, mare, gelding, colt, filly, or neat cattle, that
(hall
A. D. 1773.
No. 230.
Horfes, &c. for
exportation t»
be avouched be-
fore cuftorh-
houfe officers at
the feveral
ports, who fhall
keep a book for
that purpofe.
Such books iia
ble to He
fpeded.
in-
How to prevent
horfes not toll-
ed, &c. being
{hipped.
i88 DIGEST OF THE
A. D. 1773. {hall or may be put or fhipped on board any {hip or veffel, without being firft avouched
No. 220^ and tolled as aforefaid, {hall be forfeited and fold, the one half of the monies arifmg
from fuch fale to be for the ufe of the informer, the other to be paid into the hands
of the public treafurer and applied as the general affembly may hereafter direct ;
and the faid comptroller or comptrollers are hereby authorized and empowered,
information being firft made on oath of any horfe, mare, gelding, colt, filly, or neat
cattle, being put on board any fhip or veffel without being avouched and tolled as
aforefaid, to go and enter on board fuch fhip or veffel in the day time, and make
fearch in all parts thereof, and all and every horfe, mare, gelding, colt, filly, or
neat cattle, therein found, and not avouched, tolled, and entered, with the faid
comptroller or comptrollers as aforefaid, to take, feize, drive, and convey away,
and if any perfon or perfons whatfoever fhall refift or oppofe the faid comptroller or
comptrollers in the due execution of this a£t, every fuch perfon fo offending fhall
forfeit and pay the fum of twenty pounds : All which faid fines and forfeitures to
be fued for and recovered by action of debt, bill, plaint, or information, in any court
of record in this province wherein no effbign, privilege, or wager of law, or any
more than one imparlance, fhall be allowed ; and that the fines and forfeitures be
difpofed of as herein before mentioned.
Continuance of XIV. And be it further enafied, That this act fhall continue and be in force for
this aft. anc| during the term of two years from the pa fling thereof, and from thence to the
end of the next, feffion of the general affembly, and no longer.*
WILLIAM YOUNG, Speaker.
JAMES HABERSHAM, Prefdent,
James Wright-
September 29, 1773.
* This aft is perpetuated by aft of 1783, No. 279.
No. 22£.. An Act to empower the commiffioners therein named to leafe to. the 3 ift of December next*
and then to put up to fale for the benefit of the public, the jerry over Great Ogechee river
for a term of years, and to authorize the faid commiffioners to infpecl and regulate the
faid ferry.
September 29.
Veiled in Wade Hampton and fames Gun, Efqrs. to build a bridge by ordinance of 1790, No. 43d-
2>to. %%\, An Acl to empower the commiffioners of the general loan tofiamp, re-imprint, fign, and
ifue paper bills of credit, to the amount of £ $20 Jlerling being in lieu of that fum.
received by them, as inter efil money unappropriated (the bills of which are obliterated and
decayed) by virtue of an ac7r entitled " An AB for ft am ping, imprinting, ijfuing and.
making current the fum of ^7410 in paper bills of credit, and for applying andfinking
the fame ,• and for appropriating the faid fum of £ 520 in aid of the general tax for the-
ft r vice of the year 1773 ; ctnd alfo to re-imprint ', fg»s and ifue the further fum of
^73, for other purpofes therein mentioned,
September 29,
Qbjakie^ Si:
LAWS OF GEORGIA. 1S9
An Ail for granting to his majefy the fum of £^99> and for empowering the coinmif- A. D. 1775,.
/toners therein named to ft 'amp, imprint, fign, and iffue paper certificates, to the amount No- aa3-
of the faid fum, for the ufes and purpofes therein mentioned.
September 29*
Obfolete*
■f An Acl to continue the fever al lavus therein mentioned, and for vefl- No. %%$,
ing fever al ferries in the perfons mentioned in an acl, entitled " An
Acl for efiablifloing fever al ferries in this province in the perfons
therein mentioned"
WHEREAS feveral wholefome laws of this province are expiring, and it is
expedient that they fhould be further continued, Be it enabled, That an atl An- ad for t%&
pafled the twenty-feventh of March, one thoufand feven hundred and fifty-»nine, for -m^ e%n&£:* '
the better regulating taverns, punch houfes, and retailers of fpiritous liquors, and punch houfes,
further continued by an adl, pafled the fourth of March, one thoufand feven hundred Mw-ch i-ro-
and fixty-two, and again continued by an acl: pafled the tenth May, one thoufand
feven hundred and feventy, and to the end of the next fefllon of the general afiem-
And alfo that an additional acl, pafled the twenty- fifth day of March, one thou- And alfo an ad-
fand feven hundred and fixty-nve, to an acl;, entitled, An acl for the better regu- rational ad! to
1 1 r 1 -i r r ■ • i- i • i the laid aft paff-
lating taverns, punch homes, and retailers of fpiritous liquors, which was to con- ed 25th March,
tinue and be in force for four years, and further continued by an acl pafled the tenth lT®S-
day of May, one thoufand feven hundred and feventy, and to the end of the next
feflion of the general aflembly : And alfo an acl, pafled the eleventh day of April, a* aft&rrega-
one thoufand feven hundred and fixty-eight, for regulating theaflize of bread, which laung- the aiiize
,..r fc- t ,ri 1 ir.-L of bread, pafitd
was to continue and be m force for three years, and from thence to the end or the 3Ith April,
next feflion of the general aflembly, and no longer: And alfo ah acl, pafled the I^i8-
twenty-feventh day of March, one thoufand feven hundred and fifty-nine, to prevent vent mLa(>ers 0f
mafters of veffels from carrying off oerfons in debt from this province, which was veffdsfcpi car-
1 •• c r 1 » r 1 rr i r 1 i • i ryinEJ off per—
to continue and be in force for the two years from tne palling thereof, and which was fonst \A debt,
amended and further continued by an acl, entitled, An act to amend an acl to prevent PaTffcdT a'th
; ; , . . , March, i/59>
mailers of veffels from carrying off perfons in debt from this province, pafled the
firll day of May, one thoufand feven hundred and fixty, which was to continue and
be in force for the term of three years from the palling thereof, and from thence to
the end of the then next feflion of the general aflembly, and again continued by an.
acl pafled the twenty-ninth day of February, one thoufand feven hundred and fixty-
four, and further continued the twenty-fifth day of March, one thoufand feven:
hundred and fixty-five, to the firil day of November, one thoufand feven hundred:
and feventy,. and from thence to the end of the next feflion of the next general aflembly,,
and;
* See aft of 1777, No, 236, declaring the lawsr of EE-gland and the province to be in. force under, certain.
Seflriftions,
i9o DIGEST OF THE
A. D. 1773. and no longer : And alio an aft, paffed the twenty-ninth day of February, one thou-
No. 224. {m\& feven hundred and fixty-four, for the punifhment of vagabonds and other idle
punifhment 'of anc* diforderly perfons, and for erecting prifons or places of fecurity in the feveral
vagabond, and parifhes of this province, and for preventing trefpaffes on lands of the crown, or
diforderly per^ lands referved for the Indians, and the more effectual fuppreffing and punifhing per-
fons, &c. paffed fons bartering with the Indians in the woods, which was to continue and be in force
i764 ' for the term of two years, and further continued by an act paffed the twenty-fixth
day of March, one thoufand feven hundred and fixty-feven, and again continued by
an act paffed the tenth day of May, one thoufand feven hundred and feventy, and
An aft to fop- to the end of the next feffion of the general affembly : And alfo an aft, paffed the
prefs lotteries twenty-ninth day of February, one thoufand feven hundred and fixty-four, to fupprefs
and prevent o- / ' J* _ ,'''■'■ ' rr
ther exceflivc lotteries, and prevent other exceffive and deceitful gaming, which was to continue and
earning paffed ^e m ^orce ^or the fpace °f feven years, and to the end of the next feffion of the
29th February, general affembly : And alfo an additional aft, paffed the twenty-fifth day of March,
And the addi- one thoufand feven hundred and fixty-five, to an act:, entitled, An act to fupprefs
tional aft paff- lotteries, and prevent other exceffive and deceitful gamine, which was to continue
ed the 25th .
March, 1765. an^ be in force for the fpace of fix years, and to the end of the next feffion of the
An aft to pre- general affembly : And alfo 7m aft, palled the eleventh day of April, one thoufand
yent the, Spread- feven hundred and fixty-eight, to prevent, as much as may be, the fpreading of the
pox, paffed nth fmall pox in this province, which was to continue and be in force for the term of three
Apni 1768. years, and to the end of the next feffion of the general affembly : And alfo an aft,
vent perfous paffed the feventh day of April, one thoufand feven hundred and fixty-three, to pre-
throwingballaft yetit perfons throwing ballaft or rubbifh, or falling trees, into the rivers and navigable
or rubbifh into r ° ' b ' 11
the rivers, &c. creeks within this province, and for keeping clear the channels of the fame, which
i'767 Apnl was t0 contmue an<i De m force for the fpace of feven years, and to the end of the
Aft to amend next feffion of the general affembly : And alfo an aEl to amend the faid act, paffed
ifcfl*/*****^' tne twenty-fifth day of March, one thoufand feven hundred and fixty-five, and to
March, 1765. the end of the next feffion of the general affembly : And alfo an aft, paffed the
vcnt&a" td-PreI twenty-fifth day of March, one thoufand feven hundred and fixty-five, to prevent
abufesinadmea- frauds and abufes in the admeafuring and laying out his majefty's lands in this pro-
in" out^his ma- vmcej which was to continue and be in force for the fpace of three years, and again
jelly's lands, continued by an act paffed the eleventh day of April, one thoufand feven hundred
March, 1765. ant* fixty-eight ; and further continued by an act paffed the tenth May, one thoufand
feven hundred and feventy, and to the end of the next feffion of the general affem-
Anafttoamend bly : And alfo an aft, paffed the twenty-fifth day of March, one thoufand feven
tie aft to pre- nundrecl anti fixty-five, to amend an act, entitled, An act to prevent private perfons
perfons from from purchafing land from the Indians, and for preventing perfons trading with them
From'^the^nd''- without licenfe, which was to continue and be in force for three years, and from
ans, paffed 25th thence to the end of the then next feffion of the general affembly, and no longer,
V 1 s' and further continued the eleventh day of April, one thoufand feven hundred and
and fixty-eight; and again continued by an act paffed the tenth day of May, one
thoufand feven hundred and feventy, and to the end of the next feffion of the general
affembly : And alfo an aft, pafied the fixth day of March, one thoufand feven hun-
dred
L A W S O F GEORGIA. 191
reel andNfixty -fix, for punifliing feamen and mariners neglecting or defertlng their A. D. 1773.
duty on board their refpective fhips or veflels, and for preventing fearnen or mari- "*'
ners from being harbored or running in debt, which was to continue and be in force j^"^ f^m"
for and during the term of three years j and further continued by an act pafled the and mariners
tenth day of May, one thoufand feven hundred and feventy, and to the end of the defer/ting theis
next feffion of the general aflembly : And alfo an aB pafled the twenty-feventh day ^ty'fafied^th
of February, one thoufand feven hundred and feventy, for the better fecurity of the An aft to oblige
inhabitants, by obliging the male white perfons to carry fire arms to all places of the male white
public worfhip, which was to continue and be in force for and during the term of fire arms t© pis-
three years, and to the end of the next feffion of the general aflembly : And alfo ces °f public
■',, r-n/ri 1 r" 1 r 1 x r r WOrihip, paffed
an aB palled the fixth day 01 March, one thoufand leven hundred and hxty-fix, to 27th February,
prevent frauds and deceits in felling beef, pork, pitch, tar, turpentine, and fire wood,. I77°'
which was to continue and be in force for and during the term of three years, and fur- vent frauds and.
ther continued by an act paffed the tenth day of May, one thoufand feven hundred and dec"tsm .felling
feventy, and to the end of (he next feflion of the general aflembly : And alfo an aB paffed 6th
pafled the fixth day of March, one thoufand feven hundred and fixty-fix, to amend j^a^' l/^f'
an act for the better regulating the town of Savannah,, and the common thereunto ter regulating
belonging ; and alfo to authorize and empower the church wardens and veftry of the the t0.wn °j ^a"
o o ' .'■'"«* vannah and the
parifh of Chrift church to appoint a beadle for the purpofes therein mentioned ; and common, paffed
further continued by an act pafled the tenth day of May, one thoufand feven hun- jL^March''
dred and feventy, and to the end of the next feflion of the general aflembly : And
alfo an aB. pafled the twenty-fixth day of March, one thoufand feven hundred and Ana^t0 rcgUi-
fixty-feven, to regulate the making of cyprefs, oak, and pine lumber, ftaves and of cyprefs, oak,
fhingles, and to afcertain the quality thereof, which was to continue and be in force and £!ne h^7
for and during the term of two years, and further continued by an act pafled the 26th March,
tenth day of May, one thoufand feven hundred and feventy, for one year,, and to I7 7'
the end cf the next feffion of the general aflembly : And alfo an aBy pafled the An aft to pre-
twenty-fixth day of May, one thoufand feven hundred and fixty-feven, to prevent ;nJ int0 'and
the bringing into and fpreading of malignant and contagious difterapers in this pro- fpreading. ma-
vinee, to oblige mailers or commanders of veflels going out of^ any port within the pers^paffedzfittii
fame firfl. to produce a paflport from the governor or commander in chief, to prevent Ma)r' 1767;
the harboring of fick failors and others, and for the regulating and well ordering of the
lazaretto on the iftand of Tybee, which was to continue and be in. force for and dur-
ing the term of two years, and further continued by an act pafled the tenth day of
May,, one thoufand feven hundred and feventy, for one year : And alfo an act, enti-
tled, an aB to amend the /aid aB. pafled the tenth day of May, one thoufand feven And~ an a(ft ^
, •_ ■ ' ■■ ■' amend the faid
hundred and feventy, and to the end' of the next feflion of the general aflembly : a<5t,.paflid 10th
And alfo an aB, pafled the feventh of April, one' thoufand feven hundred and fixty- May, 1770.
three, for regulating a work houfe for the cuftody and punifhment of negroes,, and gulatin^a work
further continued by an act, entitled, An act to amend and continue an act for rep-u- h°"fe puffed 7th.
; . ° April, 1/63;
lating, a work houfe for the cuftody and punifhment of negroes, paffed the twenty • and act to (U
fixth day of March, one thoufand feven hundred and fixty-feven, for three years,. j?f?| ^ cf""d"
and to the end of the next feflion of the general aflembly : And alfo an aB-, pafled &&., paffed i(ah>
the March' nH"
UJZ
A.D. 1773.
No. 224.
An a& far efta-
blifhing and re-
gulating-patrols,
paflediSth No-
veinbcr, ljuj.
DIGEST OF THE
Act to amend
andcoutinue the
i.rid act, paffed
2 -}th December,
17.08.
An act to direct
executors and
adininiftrators
in the method
of returning in-
ventories, &c.
paffed 29th Fe-
bruary, 1794.
An act for hold-
ing fpecial or
extraordinary-
courts of com-
mon pleas, paf-
fed 7th April,
An act to pre-
vent fraudulent
mortgages, &c.
paffed 24th Dec.
1768.
Continued for
the time herein
mentioned.
Act for eftab-
lifhing feveral
ferries, and for
veftingtlie fame
in certain per-
fons— the pro-
perty thereof
vefted in them
for one year
fonar.er.
the eighteenth day of November, one thoufand feven hundred and fixty-five, for the
eftablifhing and regulating patrols, and for preventing any perfon from purchafing
provifions or any other commodities from, or felling fuch to any fiave, unlefs fuch
Have fhall produce a ticket from his or her owner, manage);, or employer, which was
to continue and be in force for and during the term of three years, and further con-
tinued the twenty-fourth day of December, one thoufand feven hundred and fixty-
eight ; and again continued by an act paffed the tenth day of May, one thoufand
feven hundred and feventy, and to the end of the next feflion of the general affembly :
And alio cm ac7, paffed the twenty-fourth day of December, one thoufand feven
hundred and fixty- eight, to amend and continue an act for the eftablifhing and regu-
lating patrols, and for preventing any perfon from purchafing provifions or any other
commodities from, or felling fuch to any flave, unlefs fuch Have fhall produce £
ticket from his or her owner, manager or employer, which was to continue and be
in force for and during the term of one year •, and further continued by an act paffed
the tenth of May, one thoufand feven hundred and feventy, and to the end of the
next feffion of the general affembly : And alfo an atl, to direct executors and admi-
niftrators in the manner and method of returning inventories and accounts of their
teftators and interlaces eftates, and for allowing them, and all other perfons who fhall
or may be entrufted with the care and management of minors and other eftates, to
charge commiffions thereon, paffed the twenty-ninth of February, one thoufand
feven hundred and fixty-four, for feven years, and to the end of the next feffion of
the general affembly : And alfo an atl for holding fpecial or extraordinary courts of
common pleas for the trial of caufes arifing between merchants, dealers, and others,
fhiprnafters, fupercargoes, and other tranfient perfons, paffed the feventh day of
April, one thoufand feven hundred and fixty-three ; and alfo an amendment thereto,
paffed the fixth day of March, one thoufand feven hundred and fixty-fix ; and further
continued by an act paffed the twenty-fixth day of March, one thoufand feven hun-
dred and fixty-feven, for three years, and to the end of the next feffion of the general
affembly : And alfo an acl, paffed the twenty-fourth of December, one thoufand
{even hundred and fixty' eight, to prevent fraudulent mortgages, and conveyances,
and for making valid all deeds and conveyances heretofore made with refpect to any
defect in the form and manner of making thereof, with certain reftrictions, which
was to continue and be in force for and during the term of three years : Shall feve-
rally and refpectively continue and be in force for and during the term of one year
from the pairing of this act, and from thence to the end of the next feffion of the
general affembly, and no longer.
II. And whereas by a certain act, paffed the eleventh day of April, one thoufand
feven hundred and fixty-eight, entitled, " An atl for eftablifhing feveral ferries in this
province, and for vetting the fame in the perfons therein named," the faid feveral
ferries are vefted in the feveral perfons in the faid act named for the term of five
years only : And whereas the property of the faid feveral ferriers in fuch ferries did
determine on the eleventh day of April laft, Be it therefore enabled, by the authority,
qfofefdidj
LAWS OF GEORGIA.
19
->
aforefaid, That the feveral ferries in the faid act mentioned fhallbe refpectively vetted A. D. 1773'
in the feveral perfons in the faid a£t named for the fpace of one year from the patting No- 224*
of this a<5t.
WILLIAM YOUNG, Speaker.
JAMES HABERSHAM, PrefidenU
m James Wright.
September 29, 1773.
An AB for fettling and afcertaining the fees to be taken by the feveral public officers and No. 225.
perfons herein after mentioned.
t September 29.
Obfolete.
An AB for granting to his majefy the fum of f8oo, and to appoint and empower com- No. 226.
miffwners to f amp, imprint, fign, and iff ue certificates to the faid amount, and for fink-
in g the fame.
March 12, 1774.
Obfolete.
A. D. 1774.
An AB to empower certain commiffioners, herein appointed, to regulate the hire of porters, No. 227.
and labor of faves, in the town of Savannah.
Obfolete See corporation aS of 1789, No. 430^
An AB to of certain the boundary line between the two courts of confcience, in the parifh No. 2 28.
of Saint George.
March 12.
Obfolete.
An Acl to oblige the planters of indigo, after Jleeping the 'weed, to No. 229.
bury or defray it ivithin a limited time,
WHEREAS it has been reprefented by feveral perfons concerned in planting Preamble,
and making indigo, that many pernicious effect's arife from the number of
flies which are engendered by leaving the weed, after having been fteeped, to rot
above ground ; Be it therefore enaBed, That immediately from and after the patting Ena&ed.
of this acl:, all perfons who may be concerned in the planting and making; of indigo, Indig° weed af-
n » r 1 1 1 1 n , , , r r i ter being fteep-
lhall, after the weed has been lteeped and taken out or any vat or vats, caule the ed to be buried*
fame to be buried at leaft two inches under the furfacc of the earth, or ctherwife !n f°«y-eigh.R
hours.
effectually deflroyed within forty-eight hours after fuch weed has been taken out of
any vat or vats as aforefaidi
B. b • IL
194 DIGEST OF THE
A. D. 1 774' II. And he it further enabled by the authority afore/aid. That if any pcrfon or perfons
No. 229. planting and making indigo, {hall negle£l to caufe the weed, after fteeping, to be
Perfons failing buried or otherwife effectually dettroyed within forty-eight hours after the fame has
to bury or other- J ;rr.,rlJ&r .._,,.
wife deftroy the been taken out or any vat or vats as aroreiaid, iucn perfon or perlons 10 offending
fame to forfeit ^^jj for£eit and pay for every fuch offence, the fum of five pounds flerling, to be re-
covered as directed by an aft, entitled " An act for the more eafy and fpeedy re-
covery of fmall debts and damages ;" and fuch acts of alfembly and parts of acts of
aifembly as have been made to explain and enlarge fuch act.
Forfeitures how HI. And be it further enabled, That one half of fuch forfeiture (hall be paid to the
applied. perfon or perfons who (hall fue for the fame, and the remaining half to the poor of
the parifh where any fuch offence fhall be committed.
Continuance of IV. And be it further enabled by the authority aforefaid, That this act fhall be and
this ad. continue in force for two years from the paffmg thereof, and from thence to the end
of the then next feffion of the general alfembly, and no longer.*
WILLIAM YOGNG, Speaker.
JAMES HABERSHAM, Prefdent.
James Wright.
March 12, 1774.
* Further continued by ads of 1777, No. 236 — 1778, No. 2J7 — 1781, No. 262 — and ^erPetuated by ad
of 1783, No, 279.
n©. 230. An Ati to regulate the 'wharves and Jhipping in the feveral ports of
this province, and afcertaining the rates of ivharfage, of fhipping
and florage, and alfo the duty of an harbor mafler for the port of
Savannah^ and to authorize the f aid harbor mafler to put in force
an acl, entitled " An Acl to amend an acl to prevent perfons throw-
ing ballafl or rubbifh or falling trees into the rivers and navigable
creeks ivithin this province, and for keeping clear the channels of
the fame."
Preamble. "Ik^C /"HER-EAS the increafe of trade, and quantity of produce brought for fale
^V to the feveral ports of this province, require a regulation in the rates of
v/harfage and florage, and the number of veffels reforting to the faid ports, and in
particular to the port of Savannah, makes it neceffary to have fome perfon appointed
Enaded. to overlook and regulate fuch veffels while in the faid port ; Be it therefore enabled.
Rates of wharf- That from and immediately after the paifing of this act, the feveral owners and
age* occupiers of wharves in the feveral ports of this province fhall be allowed to charge,
demand and receive the feveral rates herein after mentioned for the wharfage o£
{hipping, merchandize and florage and no more, that is to fay : £. s. d.
For every fhip, fnow, brigantine, or bilander loading at a wharf, one
milling and four-pence, each day. - - - 014
For every fuch veffel lying and not loading at a wharf, two fhillings
and eight-pence each day. - - - - 028
For
LAWS OF GEORGIA. r95
£, s. d. A° D. 1774,
For every (loop or fchooner (coafters trading from one part of this No. 230*
province to another only excepted) loading at a wharf, ten pence
each day. - - - - - - 0010
For every floop or fchooner lying and not loading at a wharf, one
milling and eight-pence each day. - - - o I 8
And for the ivharfage of goods landed or laden from one vejfel to another at
any ivharf as follows :
For every barrel or half barrel of rice or other grain, every barrel of
turpentine, rofin, tar, beef, pork, beer, cyder, fmall barrels of
bread and barrels of the like fize of any other goods, dry goods
excepted, one penny. . - - - - 001
For every barrel, calk, box or other package of indigo,, two pence. 00 2
For corn, peas, oats, and other grain not in barrels landed or taken
from any veflel by any other veflel lying at a wharf, and for fait
landed or loaded on board any other veflel, for every one hundred
bufhels, one (hilling. - - . - -010
For every thoufand feet of inch, three quarter inch, and feather- edge
boards, and in proportion for plank, timber, and oars reduced to
inch meafure landed or taken in from veflels or rafts by any veflel
lying at a wharf, one {hilling. - - - 010
For every thoufand of fhingles, and canes, landed or taken in from
boats or rafts, fix-pence. - - - ■> o o 6>
For every thoufand of barrel heading and barrel Haves landed or taken
in as is above mentioned, nine-pence. - - 00 9,
For every thoufand of hogfliead (laves, heading or hoops, one (hilling. 01 o
For every thoufand of pipe (laves, and handfpikes, one (hilling and fix
pence. - - - - - -016
For every thoufand of butt (laves, two (hillings. - - 020
For every cord of (ire wood, four-pence. - - - 004
For every cord of tanners bark, four-pence. - - - 004
For every thoufand of bricks or hearth-tiles, fix-pence. - - 006
For every article herein before enumerated that (hall lay longer than
one week upon any wharf, the whole wharfage before rated each
week.
For every tierce of (hip bread, hogfliead of wine, and other goods in
hogfliead and tierces of about fixty-three gallons,- one penny
half-penny. - - - - - 00 r|~
For every hogfliead of rum, pipe of wine, and other goods in hogflieads
and pipes of about one hundred and twenty gallons, three-pence. 00 3
For every hpgftiead of fugar of one thoufand weight and under, four-
pence. - - - - -004
For every hogfliead of fugar of above one thoufand weight,fix-pence. 00 6
For
196 DIGEST OF THE
A. D. 1774. £m Sm &
No. 230. For every one hundred weight of hemp, one penny. - - o o i
For every ton of logwood, fuftick, lignumvitse, or brafiletto landed or
loaded from any veffel at any wharf, and not lying above one
week, fix-pence* - - - -006
And for every week after, fix-pence. - - - 006
For every ton of the like wood taken in by one veiTel from another lying
at a wharf, three-pence. - - _'•<•.. 003
For every hundred feet of mahogany, and other heavy wood, account-
ing inch meafure, that fhall not lay longer on a wharf than one
week, one penny half-penny. - - - 0 o i-j-
For every ton of iron, and other heavy goods, four-pence. - 004
For lime st the rate of eight-pence each hundred bufhel. - - 008
For every large bale, hogfhead, tierce, or vat of the like fize, three-pence. 00 3
For every cafe trunk, cafe, cheft, box, bundle, coil of cordage, or
hamper, one penny. - - - - -001
For every coach or other four wheel carriage, one (hilling and fix-pence. 01 6
For every riding chair or chaife, nine-pence. - -- o o 9
For every pot, fkillet, jug, or keg of {hot or paint not enclofed in any
package each dozen, two-pence. - - - 002
For every grind or quern done, one half-penny. - - o o 01.
For every keg of bread, flour, butter, tallow, lard and fuch like arti-
cles, four-pence each dozen. - - - * 004
For every barrel of one hundred weight of gun powder, two-pence, 00 2
and in proportion for fmaller barrels of the fame.
For every ton of coals, four-pence, for every week after the firft week
that it fhall lie on the wharf, two-pence. - - o o 2
For every hundred of paving or Bermuda ftones, four-pence. - 004
For every hundred of raw or tanned hides, one milling and fix-pence, 01 6
and fo in proportion for raw or tanned fides.
For every thoufand pounds weight, and fo in proportion for fmaller
quantities of hay or corn blades, four-pence. - - 004
For every other article of goods not before enumerated, at the rate of
four-pence each ton according to weight or meafure. - - 004
For every fpecies of goods the fame rates and allowances as for landing,
and for the weighing of goods and merchandize, that is to fay :
For every barrel of rice, or turpentine, weighing three hundred and
feventy-five pounds and upwards, not exceeding feven hundred
pounds grofs, one penny. - - - - 001
For every tierce, barrel, or hogfhead of any kind of goods upwards
of (tvtn hundred pounds, and not exceeding eleven hundred
pounds (indigo excepted) - - - - 009
For every hogfhead or calk of any kind of goods, weighing upwards
of eleven hundred pounds, per hundred weight, - -001
For
•
LAWS OF GEORGIA.
197
C' ■»■•
d.
A. D. 1774.
Nq. 230.
O 2
2
O I
6
i
For every ton of fuftick, logwood, brafiletto, lignumvitse, or other
wood, per ton weight,
For every ton of iron or other heavy goods, - -
For every draught of deer fkins, hemp, foreign bark, or any other kind
of goods not weighing upwards of two hundred and fifty pounds, 00 2-J
For every draught above two hundred and fifty pounds of fuch like
goods, - - - - - -004
For every draught or package above two hundred and fifty pounds
weight, and not exceeding five hundred pounds weight, when
more than one is weighed, - - - -005
For every barrel, hogfhead, or other package of indigo, - - 003
And for the forage of goods — 4hat is to fay : Ratesefftorage,
For every barrel or other cafk or package of indigo each hundred weight,
per week, - - - - - -0O1
For every hogfhead, tierce, barrel, large trunk, cafe or bale of dry
goods that fhall be put into any ftore for one or more nights, not
exceeding one week, - - - - 005
For every week or part of a week after the fame rate as above.
For every fmaller cafk, box, bag, or other package of fuch goods,
one or more nights not exceeding one week, - - 002^
And for every week or part of a week after at the fame rate.
For every hogfhead of rum, pipe of wine, tierce, or hogfhead of bot-
tled liquor, and for every hogfhead or large tierce of fugar per
week, - - - - - - 005
And for every week or part of a week after, - - 004
For every whole barrel of rice, not exceeding fix hundred and fifty
pounds grofs for the firfl and laft week, - - - o o 1-*-
And for every intervening week per barrel, - - - 001
For every half barrel of rice, barrel of pork, beef, bread, and other
barrels and packages not before rated not weighing above three
hundred and feventy-five pounds grofs for the firfl and laft week, 00 1
And for every intervening week. - - o o Osr
in proportion to the foregoing rates for every other article not ,
enumerated above, according to fize and weight.
II. And whereas fome regulation is neceffary to be made with refpecl: to the moor-
ing of fhips or veffbls at the faid wharves, and in the river before the faid town of
Savannah, *Be it therefore further enabled^ That all veffels lying in the river Savannah Veffelslyi-ngbe-
before the faid town, common, or hamlets of Yamacraw and the Truflees Gardens, savannah how
and not loading at any wharf, fhall be properly moored, head and ftern, as near the t0 be moored.
bank on the north fide of the faid river as conveniently may be, and that no veffel
whatever not loaded as aforefaid, fhall be permitted to lie and take in her loading in
the
* See act of 1787, No. 366, feci. 30, refpecling the duty, &c. of a harbor mailer.
jo8
DIGEST OF THE
A. D. 3774.
No. 230.
Harbor mafter
to fuperinsend
the lame.
To employ per-
fons to raife ca-
bles of veffels
lying improper-
ly, to receive zof
therefor, and
enforce acl to
prevent throw-
ing baliaft, rub-
bifh, &c. into
the rivers and
navigable
cteeks.
Matters of vcf-
fcls throwing
baliaft into the
river Savannah
how to be pro-
ceeded aeainfi..
Harbor mafter
to give due no-
tice thereof.
Mafters of vef-
l'els failing to
comply with the
regulations of
this a 61 to for-
feit £ ioo.
Harbor mailer
to infpect the
wharves, and
profecute of-
fenders.
To decide dis-
putes between
mafters of vef-
fels and wharf-
ingers.
To examine and
regulate the
public landings.
the middle of the faid river on any pretence whatfoever ; and that the harbor mafter
of the faid port of Savannah, do from time to time give notice to any mafter of a
veffel who fhall not comply herewith, and upon his refufal or neglect, fhall proceed
againft the offenders as hereinafter is directed.
III. And be it enaBed by the authority aforefaid, That in cafe any veffel properly
moored in the faid river and within the limits above mentioned, fhall be overlaid by
the cable of any other veffel except in fqualls or {forms of wind, the mafter or com-
mander of the veffel fo overlaying, fhall upon application made to him by any perfon
belonging to the veffel fo overlaid, raife his anchor and moor properly, and in cafe
of his refufal fo to do, it fhall be lawful to and for the harbor mafter to employ men
and boats to raife fuch anchor at the expence of the party refuting, who fhall likewife
pay the faid harbor mafter one pound for his trouble therein, and the faid harbor
mafter is hereby authorifed and required to put in force the act, entitled " An act
to amend an acl; to prevent perfons throwing baliaft or rubbifh or falling trees into
the rivers and navigable creeks within this province, and for keeping clear the chan-
nels of the fame."
IV. And whereas mafters of veffels do frequently difcharge their baliaft in the river
Savannah before they come up to the town, under pretence of lightening their veffels,
Be it enaBed by the authority ajorefaid, That any mafter of a veffel fo difcharging his
baliaft contrary to the direction of the above mentioned acl, entitled " An Acl: to
amend an act to prevent perfons throwing baliaft or rubbifii or falling trees into the
rivers and navigable creeks within this province, and for keeping clear the channels
of the fame, fhall be proceeded againft and be liable to the feveral penalties as directed
in the faid act ■" and the harbor mafter is hereby required to give information upon
oath, to the chief juftice or one of the afliftant juftices of the general court of this
province, as foon as the fame fhall come to his knowledge of all and every offence or
offences that fhall be committed againft the faid before recited act.
V. And be it further enacted, That all, and every mafter and mafters of veffels wha
fhall neglect or refufe to comply with the feveral regulations of this act not provided
for by the acts to prevent perfons throwing baliaft or rubbifh or falling trees into the
rivers or navigable creeks, fhall forfeit and pay the fum of one hundred pounds, to be
recovered and applied as herein after is directed.
VI. And be it further enaBed, That the faid harbor mafter fhall,, from time to time
infpect the feveral wharves erected tsc to be erected j and in cafe any owner, occu-
pier, or leffee, fhall have offended againft this act, and upon notice thereof to him
given, fhall not comply therewith, the faid harbor mafter is hereby directed to pro-
ceed according to the directions herein mentioned and ex-preffed.
VII. And be it further enacted, That all difputes and differences which may arife
between mafters of veffels, or wharfingers, relating to the hauling in or hauling off o£
any fuch veffel to or from any wharf or wharves or in mooring fuch veffel, fhall be
referred to and immediately decided by the faid harbor mafter,
VIII. And be it further enaBed, That no vacant fpace of public landing under the
bluff of the town of Savannah, at the end of or oppofite to any ftreet, fhall be incum-
bered-
LAWS OF GEORGIA. r99
i
bered with any lumber or thing whatfoever, on pain that fuch lumber or thing what- A. D. 1774*
foever, fo incumbering any public landing as aforefaid, mall be forfeited, feized on, No- a3°«
and fold by the harbor mailer, if not removed in twenty-four hours after notice fhall
be given by the faid harbor mafter to the owner or the perfon who fhall have the
charge of fuch lumber or other thing, or who fhall have incumbered or caufe to be
incumbered any fuch public landing therewith, and the monies arifmg from the fale
of any fuch lumber or thing whatfoever, after deducting the charges of feizing and
felling the fame fhall be applied in manner hereinafter directed.
IX. And be it further enabled, That the faid harbor mafter fhall, before he enters Harbor mafter
upon the execution of his office take and fubfcribe the following oath, before one of t0 be fworn«
the juftices of the peace for the parifh of Chrift church, who is hereby empowered
to adminifter and give a certificate of the fame, to wit : " I, A. B. do folemnly His oath,
fwear, that I will to the belt of my fkill, knowledge, and ability, without partiality
or prejudice, execute the office and perform the duty of harbor mafter in the town
and port of Savannah, as directed in and by an a£t t)f the general aiTembly, entitled
* An act for regulating and afcertaining the rates of the wharfage of fhipping, mer-
chandize, and ftorage in the feveral ports, and the duty of an harbor mafter for the
port of Savannah ;' and that I will alfo put in force another act of the general affem-
bly, entitled * An act to amend an act to prevent perfons throwing ballaft or rubbifh,
or falling trees into the rivers and navigable creeks within this province, and for
keeping clear the channels of the fame -,' according to the power vefted in me by the
before recited act, and that I will perform the faid duty without delay, and put the
faid act in full force and effect, according to the tenor and meaning thereof, and
directions to me therein given. So help me God." and the faid harbor mafter is
hereby authorized to receive from the mafter or commander of every veffel coming
into the port of Savannah, the fees following, that is to fay, For every fhip, fnow, His feci
brigantine, or bilander, the fum of five fhillings, and for every floop or fchooner,
(coafters trading from one part of this province to another only excepted) the fum of
three fhillings.
X. And be it further enaffed, That all the penalties hereby inflicted, or forfeitures Fines and for-
hereby declared, under the fum of eight pounds fhall be recovered by warrant of u ""^covered*0
diftrefs and fale of the offenders goods, under the hands and feals of any two juftices and applied.
of the peace for the parifh of Chrift church, and before whom proof thereof fhall juftTces^wVc-
be made by the faid harbor mafter, and where the fame fhall amount to more than itri&ed to thir-
eight pounds, the faid harbor mafter is hereby enabled to fue for and recover the %& °0fa j"797j
fame in any court of record in this province, by action of debt, bill, plaint, or in- No, 58a.)
formation, and that this act fhall be taken in evidence without fpecial plea, and the
faid penalties and forfeitures when recovered, to be paid to the public treafurer, and
applied as the general affembly fhall hereafter direct ; and if any perfon fhall be fued
for any act, matter, or thing, done in purfuance thereof, that this act, and the fpecial PeDfral]f^-f t0
matter thereof fhall be given in evidence on the general iffue, and upon fuch fuit
being difcontinued, or judgment paffing againft the plaintiff therein, the defendant
fhall recover double cofts,
XL
200 DIGEST OF THE
A. D. 1774* XI. And be it further enaBed, That the clerk of the market fhall, once in every
i o. 2^,0. three months, examine all fcales, weights, and meafures, ufed on the wharves, and
and meafures ' taat ^e fame be agreeable to the flandards* in his care, and in default thereof, {hall
howtoberegu- forfeit and pay into the hands of the commiffioners of the market of the town of
fated. (Nowun- r .. ,•
der direction of oavannah, a fum not exceeding two pounds, to be applied as herein before is
the corporation direded.
or Savannah.
Seeaclof 1789, XII. And, in order to prevent frauds and deceits being committed in the weighing
43N of rice and other commodities, Be it enabled, That every wharfinger or any other
Wharfingers to perfon employed by him, fhall, previous to the undertaking fuch bufinefs, be fworn
before any of his majeily's juftices of the peace within the faid province, faithfully to
execute the fame, and {hall weigh the faid enumerated goods, and deliver an exact
and true account of all goods by him weighed, to the parties if required j and in cafe
Perfons having any perfon or perfons fhall be found to have falfe weights or meafures, and under the
forfeir^io!5 10 *-aic* fl-andard, every fuch perfon or perfons fhall forfeit and pay the fum of ten pounds
for every fuch offence, to be recovered as herein before is dire£ted.f
WILLIAM YOUNG, Speaker.
JAMES HABERSHAM, Prefidcnt..
James Wright. j
March 12, j 7 74.
* The ftandard of weights and meafures is to be fixed by Congrefs.
f Perpetuated by act of 1783, No. 279.
No. 231. An A el declaring that to murder any free Indian in amity 'with this
province is equally penal 'with the murdering of any white perfon*
and that to rcfcue aprifoner committed for fuch offence is felony.
Preamble, ""iJilf 7"HERE AS it has been reprefented that fome Indians in amity with this pro-
y- ^ vince have been barbaroufly murdered to the great fcandal of fociety, and
the danger of involving this province in a bloody and expensive warj and there is
reafon to believe that feveral ill difpofed perfons have not confidered fuch inhuman
actions in a proper light, but, being influenced by the ill grounded prejudices which
ignorant minds are apt to conceive againft perfons differing in color from themfelves,
and unaware of the confequences, have rather looked on thofe murders a3 merito-
Indian'in amity rious, to difcourage therefore as much as may be fuch unchriflian like and cruel
declared to be as practices, and to explain and fet forth the great danger thereof, It is declared, That to
penal as tomur- r, , . ., . .,, r .
dcr a white muraer any free Indian in. amity with this province is by the law of the land as penal
Perfon: to all intents and purpofes whatfoever as to murder any white perfon.
FeJonytorefcue II. And to the end that all perfons may know the confequence of refcuing any
a pnfoner com- prjfoner committed for the murder of any free Indian in amity with this province,
murder of fuch It is alfo declared, That by the law of the land any perfon refcuing any fuch prifoner
Indian. £Q commjtte(i [s guilty of felony*
WILLIAM YOUNG, Speaker.
N, JONES.
James Wright..
June aoa. 1774,. A?i
LAWS OF GEORGIA. 201
An Acl to prevent gaming, and horfe racing. A« l>. 1777.
No. 23 a.
WHEREAS the pernicious practice of gaming is carried to a great length in Preamble.
this State to the great detriment and hurt thereof, to prevent which as much
as may be, and to enhance the fines and penalties to be levied by feveral laws hereto-
fore made to fupprefs, and to prevent fuch gaming : Therefore be it enabled by the Enacted.
reprefentatives of the freemen of the State of Georgia in general affembly met, and by the f^^fj0*'
authority of the fame, That every perfon or perfons liable to penalties and forfeitures, gaming.
as are pointed out in the faid acts, (hall be further fubjedt to be fined in the following
fums, that is to fay, every perfon keeping a billiard table, with intent to game or f yJjjJfSffif
lofe money or other things, the fum of one hundred pounds. All perfons licenfed to game, to for-
to keep public houfes or other houfes where liquor is fold, fuffering any game know- i"enfed°by °dt
ingly to be played for money or other things to be loft or won by any perfon or perfons of 1791, No.
whatever, in the houfe, yard, apartment, ground or inclofure of the faid perfon or Licenfed tavern
perfons, fo keeping public houfes, or other houfes, either by cards, dice, draughts, keepers fuffer-
fhufHe boards, billiards, {kittles, ninepins, or at, and with any other game or games, "o|amJfor mo-
or implements of gaming, fhall, for every fuch game, fo played as aforefaid forfeit ney or other-
^A „ -a- t- r e j thing to forfeit
and pay upon conviction the fum of twenty pounds. £ 2Qm
II* And be it enabled by the authority aforefaid, That every perfon or perfons who perfons racing
mail run or caufe to be run any race by any horfe, mare, or gelding in this State for, for m° n^' ^
or by reafon or means of gaming or of lofing money, or other things by the faid
race, fhall for every fuch offence forfeit and pay the fum of one hundred pounds.
III. And be it further enabled by the authority aforefaid, That all fines and penalties Forfeitures un-
heretofore ordered to be levied on the offenders againft the aforefaid acts of affembly mC7a£ts in force
now in force in this State, and alio the fines, penalties and forfeitures directed by againft gam igg
this act, fhall be recovered and appropriated in like manner as is directed and pointed t0 be recovered
out by the faid acts of affembly, -any thing to the contrary in any wife notwith.- a11^ ta^pl01^ ba-,s
Handing. thofeatfs.
IV. And be it enabled by the authority aforefaid, That this act fhall continue and be Continuation,
in force until the firft day of January, one thoufandfeven hundred and feventy -eight,
and from thence to the end of the next feffion of affembly.*
N. W. JONES, Speaker.
Savannah, June 7, 1777.
* Revived and continued by act of 1781, No. 263, and perpetuated by act of 17S3, Nz>. 279.
An Act to enforce the colleblion of arrears due from perfons keeping taverns, punch houfes, No. 233,
■and billiard tables, and retailers of fpiritous liquors in this State ,• and to amend the
feveral akls heretofore paffed for regulating taverns, punch houfes and retailers of fpiri-
tous liquors,
June 7, 1777.
Repealed by ad of 1 79 1, No. 459*
C G •<***
202 DIGEST OF THE
A. D. 1777. An Ail to amend the feveral acls for regulating the pilotage of veffels into the feveral ports
No. 234. of the then Province, mow State of Georgia.
June 7, 1 77 7.
This aft tvas made to continue in force only for one year, and until the end of the next fejjion,
and has not been continued or revifed.
No. 235. ^u d-3 to difcotirage defertion^ and to punijh all fuch perfons as \fhatl harbor or conceal
deferters.
June 7, 1777.
Ohfoktt.
:No. 236. j£n jifl. tQ exienci anrf enforce the authority of the federal laws here"
tofore paffed in the then province, but now State of Georgia, to and
throughout the territory thereof
Preamble. ~\\ THEREAS it has been deemed neceffary by the reprefentatives of the people
^ V °f tne thirteen United Colonies of North America in general congrefs
afTembled, to declare the faid colonies free and independent States., and thereby
have diflblved all political connection between them and the crown of Great Britain:
And whereas it hath been recommended by the faid congrefs to adopt fuch govern-
ment as might in the opinion of the representatives of the people of the faid States
belt conduce to the fafety of their conftituents in particular and America in .general :
And whereas in confe-que nee thereof, the reprefentatives of the people of this State
in convention affembled on the fifth day of February in the year of our Lord one
thoufand feven hundred and feventy-feven, have fixed on, and agreed to, a confti-
tution for the rule and government of the faid State and people thereof : And whereas
divers good and wholefome laws were heretofore made and pafied in this State (then
province) and to the end that difputes and difficulties may not arife touching the pre-
prefent validity of the faid laws fo made and pa-fled as aforefaid, within the faid ter-
ritory of Georgia.
Provincial laws, I. Be it enabled by the reprefentatives of the freemen of this State in general ajfembly
'asW\vdl ftatute meti Mtl^ h the -authority of the fame, That from and after pafling this act, all laws
as common, re- heretofore made in the (then province) now State of Georgia, and have not
-nal matters, ex- been repealed, and all the laws of England, as well ftatute as common., relative to
,cept treaion, criminal matters., and heretofore ufed and adopted in the courts of law in this State
,inthisState,and (then province of Georgia:) except in cafes of treafon, fhall be of full force, virtue and
.not repugnant effec~K to all intents and purpofes, as were heretofore had, ufed and received as the
to the conftitu- , r n • 1 '■
tion and form of law of this land, any law, mage, culiom, article,, matter ox thing at prefent adopted
-our government -n a ch^gg cf government to the contrary in any wife notwithstanding, fo far as the
•full force. fame do not contradict, weaken, hurt, or interfere with the refokes and regulations
of the honorable the continental congrefs, or of any refolyes and regulations of this
<or any former affembly, .congrefs or convention held in and for this State, and in par-
ticular
LAWS OF GEORGIA.
203
ticular of the conftitution of the fame, made and agreed to by the reprefentatives of A. D. 1777.
the people in convention affembled, and ordered to be the rule and government of No« *36«
this State, and the fame (hall extend to and be in as full force, power and effect,
and in as full and ample a manner as the fame were formerly of force in this State
(then province) as if the faid territory were an independent State at the time of mak-
ing and paffing fuch laws.
II. And be it enaBed, That this aft fhall be a general act., and fhall be taken Generalact.
notice thereof as fuch by all judges and other officers of juflice or government with-
in this State, without the fame being fpecially pleaded.
III. And be it further enaSied, That this act fhall be and continue and be in force Continuatien.
until the firft day of January in the year of our Lord one thoufand feven hundred and
feventy-eight,. and from thence to the end of the next feffion of aflcmbly.*
N. W. JONES, Speaker,
Savannah, September i<5, 1777.
* Seeadls of 1778, No. 2^7' — 1781, No. 263 — 1783, No. 279 — and 1784, No. 287.
dn Acl for opening the land office •> and for the better fettling and:
frengthening this State.
No. 237;
WHEREAS there remains much vacant and uncultivated land-in this State, the Preamble,
fettlement of which is of the highefl importance, wherefore it becomes
neceffary that all due encouragement fhould be given to perfons to come and fettle in
this State, and by that means promote the increafe of its inhabitants.
I. Be it therefore enaEted by the reprefentatives of the freemen of the State of Georgia Enacted.
in general ajjembly met, and by the authority of the fame, That from and immediately Land office ©-
after the paffing of this act, an office fhall be opened for the purpofe of applying for pene "
and obtaining vacant lands, by perfons entitled to the fame in this State under the
regulations and rules herein fet forth, that is to fay : Every free white perfon or
head of a family fnall be entitled to, allotted and granted him3f two hundred acres Head rights.
of land, and for every other white perfon.of the faid family fifty acres of land, and
fifty acres for every negro, the property of fuch white perfon or family : . Provided, Provifo.
the faid white perfon or family fhall not have rights for more than ten negroes, and
that they have not had land heretofore granted them, in virtue of and in right of the
faid ten negroes ; and the governor or commander in chief for the time being with Governor to ■
the advice and confent of the executive council fhall have full power, and are here- grant ,in s"
by authorized to grant fuch tracts or lots of land to fuch perfon or perfons fo obtain-
ing lands as aforefaid under and by virtue of this act, and he or they fhall within fix
months fettle, plant, cultivate, and live on the fame ; or in cafe fuch perfon or per-
fons fhall be difcurbed in time of alarm or annoyance by any enemy and obliged to
remove^
To be fettled
within fix
months.
f . Altered by ad of 1780, No. 259, fecVli; .
2o4 DIGEST OF THE
A. D. 1777. remove from the lands fo granted fuch perfon or perfons, {hall return to their refpec-
No. 237. tive fettlements or plantations as foon as the enemy fhall be repelled or removed, or
the fituation of affairs will permit.
Perfonswhohr.d ^* -And be it further enaBed by the authority aforefaid, That all and every perfon
former allot- or perfons who heretofore have had allotments of land in the province, now ftate of
continued in Georgia, and have continued and refided in faid State ; and all and every perfon or
this State ; and perf0ns who have fettled on lands not allotted or granted heretofore (hall be continued j
thole who have . r . • 1 •
fettled on lands on the faid lands and confirmed in a title thereto, in preference to any other perfon
rot allotted or or perfonSj Provided fuch perfon or perfons fo fettled on and pofTeffing fuch lands
tied to right of have rights, and are entitled to have the fame granted him or them, according to the
preference. tme jntent anci meaning 0f tnis %£*
Abfent perfons m« And -whereas divers perfons who have left this State, hold allotments, grants;
holding allot- an(j 0ther claims to land in the faid ftate, have neglected to fettle or cultivate the
ments granted, . . r . r . . r ; ' . _ ,.
and other claims lame as particularly lpecihed in their grants, to remedy which, Be it further enaBed
to lands^ who fry jfe authoriiy afore/aid, That all fuch perfon or perfons who hold or pretend to have
to fettle or cul- titles to fuch lands, either by allotments, grants or otherwife, fuch perfon or perfons
tivate the fame, f0 being entitled to land as aforefaid, fhall be publicly notified by proclamation to
notified by pro- return to this State within fixf months from and after the date of fuch proclamation,
tum^in'"^^ fe" t0 fett^e an^ cultivate fuch lands, otherwife the fame {hall be, and is hereby deemed
months and fet- to be vacant, and liable to be granted to any perfon or perfons applying for and enti-
tle fuch, or for- ,, , J j_ r
feit them. . tled to the fame-
Perfons obtain- ^' AftA be it further enaBed by the authority aforefaid) That if any perfon or
ing confirma- perfons obtaining a confirmation of former allotments of land, or fhall obtain a
tions of former r <• 1 1 1 iy '• 1 • rr inn
allotments or grant tor lands now vacant, they or their heirs or amgns, and lhall not continue on
grants, not to tne farne, under the regulations of this adl:, for and during the term of five years, .
without five he or they fhall not be allowed to affign the faid grants or allotments ; and fuch affign-
years refidence ments are hereby declared to be invalid and of no effe£t, and fuch lands fo afiigned
thereon. » * °
Affignments of {hall be deemed vacant, and may be re-granted to any perfon or perfons who fhall
fuch lands with- prove to the fatisfaction of the governor and council, that the former poffefTors or
be void, the occupiers of fuch lands have actually left the fame and this State
lands vacant, and to be re-granted, where the former occupiers have actually left the fame and the State.
Rent of if. per V. And be it further enaBed by the authority aforefaid^ That no other charge or
hundred acresm eXpence except the rent of two {hillings for each hundred acres of land as heretofore
addition to ex- 1 1 r . . . r
pences of fur- {hall be laid on the faid lands, but the expence of furveying and granting the fame,
erantui ^th ^or and durmg tne fpace of one year; and the lands fo to be granted {hall be fur-
fame, veyed and laid out in the following manner, viz. in either a fquare or oblong figure,
Lands how to t^Q length not to be more than double the breadth, as the nature of the lands may
be iurveyed and ° * '
laid out. be, unlefs fuch as may lie between lands already granted, or that may hereafter be
granted, and be bounded by fuch lines as may be neceffary ; or where fuch lands lie
between the forks of rivers or creeks, then to be bounded by the faid rivers or creeks ;
Maybe gran-ted and all perfons that have had lands ordered them, and have not taken out grants for
on old rights fhe
and warrants.
* See ad: of 1780, No. 2,5c), fed. la, refpecling former allotments by commiffioners.
f The time declared to be too fhort, and the feci, repealed by a<5t of 1777, No. 238, feet. 1.
LAWS OF GEORGIA.
205
the fame, or fold their warrants or rights for the fame, or are either dead or left the
ftate, fuch perfon or perfons as have bought fuch warrants or rights and titles as
aforefaid, and continued in this State, fhall have fuch lands granted them agreeable
to fuch order or warrant fo purchafed.
VI. And, in order to encourage the building of mills in this State, Be it further
enabled by the authority aforefaid, That if any perfon or perfons fhall build or caufe to be
Sbuilt a grift mill on any vacant land, he or they fhall have one hundred acres of land
referved until the faid mill be built and fit for ufe, and then fhall have and be entitled
to receive a grant for the fame ; and every perfon or perfons building or caufing to
be built a faw mill on vacant land, fhall have five hundred acres of land referved
until the faid mill be built and fit for ufe, and then fhall have and be entitled to, and
receive a grant for the fame, as an encouragement for building fuch faw mill, he,
fhe, or they paying the ufual fees for furveying and granting the faid lands.
VII. *And be it further enabled by the authority aforefaid. That any perfon or per-
fons willing to build a furnace or bloomary for working iron, and that will give
fecurity for compleating the fame, and fhall actually continue making iron for the
term of five years or upwards, fhall be entitled to a referve of two thoufand acres
of land in one tract, and at the expiration of faid term to have a grant for the
fame.
VIII. And be it further enabled by the authority aforefaid, That every perfon or per-
fons who fhall build a forge for making bar iron, and will give fecurity for compleat-
ing the faid work, and fhall actually continue the bufinefs of making bar iron for
the term of five years, fhall be entitled to a referve of two thoufand acres of land
in one tract, at the expiration of the faid term, and fhall have a grant for the fame.
IX. And be it further enabled by the authority aforefaid, That no perfon or perfons
who have had lands already granted for their family, fhall be entitled to land under
this aft.
X. And be it enabled by the authority aforefaid, That this act fhall continue and be
in force until the firfl day of January, in the year of our Lord one thoufand feven
hundred and feventy-eight, and from thence till the end of the next feffion of the
affembly.
N. W. JONES, Speaker.
Savannah, June 7, 1777.
• See adl of 1780, No. 259, feet. 17, refpecling ironworks.
A. D. 1777.
No. 237.
Perfons build-
ing grift mills
on vacant land
entitled to 100
acres.
A faw mill, 500
acres.
Iron works,
2000 acres.
Forge for mak-
ing bar iron, a
like quantity of
3000 acres.
Perfons who
have already
had lands grant-
ed to their fami-
ly, not entitled
under this adl.
Continuation.
An Acl to amend and repeal part of an Acl for opening a land office. No. 233.
and for the better fettling and Jlrengthening of this State.
WHEREAS in and by an adl: of this prefent affembly, entitled " An adl for Preamble.
opening a land office, and for the better fettling and flrengthening of this s}x h d _
State," it is ordered that abfentees fhall return to this State, within fix months, or dared to be too
their lands fhall be re-granted to thofe perfons petitioning for the fame, And whereas fbSteeTto re-
it tura.
2o6 DIGEST OF THE
A. D. 1774. it appears the time allowed is too fhort and many injuries may arife therefrom to
No. 238. fuch abfentees as aforefaid, for the preventing of which
The claufe of I. Be it enabled by the representatives of the freemen of the State of Georgia in general
in^hYhncUf- ajpmbly '***, and by the authority of the fame, That the claufe which refpefts re-grant-
fij which ref- ing 0f iands be, and is hereby repealed, and no lands formerly granted or allotted:
EfJfhlE^ fliall be re-granted or allotted, to any, perfon or perfons whatfoever..
pealed, and no lands formerly granted or allotted to be re granted.
Perfons having II. And be it enabled by the authority aforefaid, That if any perfon or perfons have
mentforf £ui heretofore had allotments of lands within this State, or any fpecial contrad here-
S for'3 tofore made, and have paid the depofit money required,, fuch perfon or perfons mail
!ng\aidd "the have a grant or grants for the fame.
depofit money, fliall have grants for the fame. . '
Grar.tsunnecef- HI. And whereas, the conftitution of this State direfts that each county mail
fery to be audit- ^ tfte puDiic reCords belonging to the fame ; and as a change of government may
strveyTto^be have rendered it unneceffary that the grants of land mould be audited as formerly,.
returned to and therefore, be it enabled by the authority aforefaid, That all furveys which are legally
vcyorde^ef£ made, and returned into the furveyor general's office mall be recorded, and a certi-
ofhee, and cer- fied cop tkereof delivered to the attorney for the State,, fo tint fats may be by him
aZ&dX&a. prepared, and delivered without delay to the fecretary's office, that grants maybe
«d to attorney m^Q and fagned for the faid lands agreeable to the conftitution, which faid
S V!aVtoe,ther grants (hall be *regiftered in the county where fuch land lies, which record fliall be
fecretary_of^ *r. ^ he, declared to be good and valid in law, . any thing herein before to the
that crrants may COntrary in any wife notwithstanding.
wSw. IV. And be it therefore enacled by the authority aforefaid, That this a& (hall be and:
fliall be rcgifter- continue in force until the fir ft day of January next, and from thence to the end of.
ed in the county r ~ , ,
where tne lands the nest feiiion ot ailembly. j^+kh o 7
lie. N. W. JONES, Speaker.
Continuation. l , -
Savannah, September 1 6, 1 77 7.
* Not neceffary to be regiftered. See aft of 1786, No. 3Z5, feci, i,
No. a39; An. Actio amend an aB, entitled, "An atl to empower the commiffiomr s orfurveyors
to lay out, male and repair the roads already laid out, or that may hereafter be ne-
ceffary; and alfo to clear the rivers and creeks within their refpeblive divifions."
September 1 6, 1777-
Obfolete. . ,
No. 24o, An Ac? to appoint commffioners of the loan office in the place of thofe appointed under the,
aB of ajfembly of the then province, now State of Georgia, and to empower the faid
commiffioners hereby appointed to account with the commiffioners appointed as aforefaid;
and to do all fuch other matters relative to the loan office as are direcled by an acl
pafed th» Ath day of June, 1 760, for famping, imprinting, iffuing and making current
thefum of £7410, flerling, in paper bills of credit, and for applying and ftnhwg
the fame.
September 16, 1777?- .
QMkte,. ^
LAWS OF GEORGIA. 207
Jtn Aft to regulate and extend the trade and commerce of this State; and to eflablifh A. D. 1777.
an infurance office for the encouragement thereof '; and alfo to rejlrain the felling of No. 24T-
merchandize by public auftion within the fame.
September 16, 1177.
Obfolete.
An Aft for the expulfion of the internal enemies of this State^, No. 24V
September 16, 1777.
Obfolete.
An At! for regulating captures and feizures made in this State, or on the high feas, under No. 243.
and by virtue of the refolves and regulations of Congrefsl
September 16, 1777.
Obfolete.
Jin Aft for the better fecurity of this State by obliging and making liable negro flaves to No, 444.
work on the forts, batteries, or other public works within the fame.
September 16, 1777.
ObfoletL
Jin Aft for regulating the commiffioners appointed by this State, and to prevent abufes in No. 145.
the /aid departments.
September 16, 1777.
Obfolete.
■An Aft for -regulating the fuperior courts in each county, and for the mere convenient ad- No. 244.
minif ration of jujlice in this State, agreeable to the confitution thereof.
This a8 being made to continue in force only one year, and until the end of the next feffion, expired
•and gave place to aft of 1778, No. 248. It is therefore deemed unneceffary Ao infert it.
Savannah, September 16, 1777.
An Aft for raifing the fum of £66,000 for the ufe and fupport of the government of the No. 247.
State of Georgia, for the year of our Lord 1777? to be raifed at certain rates* and
■after the method therein mentioned.
September 16, 1777.
Obfolete.
*An
2o8 DIGEST OF THE
A. D- 1778. *An Atl for attainting fuch perfons as are therein mentioned of high
24 * treafon, and for confif eating their eftates, both real and perfonal, to
the ufe of this State, for efablifhing boards of commiffioners for the
file of fuch eftates, and for other purpofes therein mentioned*
Preamble, "^| "IT T" HERE AS the king of Great Britain did on the nineteenth day of April,.
y y which was in the year of our Lord one thoufand feven hundred and feventy-
five, commence a cruel and unjuft war againft the good people of America, with
intent to reduce them under fubjeclion to a ftate of lawlefs fway and abfolute defpot-
ifm, in violation of the antient conftitution, and utterly fubverfive of the fame : And
-■whereas the faid king, in order to carry the faid flagitious and deftructive fyftem of
, government into full effect, did fend a body of his troops on the aforefaid day and
year, which troops did wantonly attack and murder the peaceable inhabitants of
America, whereby the faid_king did forfeit and forefault every right and title to the
allegiance of the faid people, and by other and various methods did do away and
deltroy the great end of all civil inflitutions, the public good: And whereas the
powers of government, incapable of annihilation, did devolve upon the people for
exercife of the fame, and the faid people did (as of right and juflice they ought) enter
Into a full exercife thereof for their common fafety and happinefs : And whereas at a
general congrefs held at Philadelphia, a declaration of the antient and inherent rights
of the people, recognizing the above principles of government, and the neceffity of a
final feparation and diflblution of all political connection with the king and realm of
England, took place on the fourth of July one thoufand feven hundred and feventy-
lix, aflerting the thirteen united colonies to be free and independent States, and in
full and abfolute pofleffion of every fupreme power, which free and independent
States and powers do and ought of right to enjoy ; which declaration not only
confirmed the powers of the feparate States but plainly and manifeftly recognized
the juftice and political neceffity of afluming and exercifing the powers, which re-
verted to and devolved upon the people on the breach, which was made by the
feid king of Great Britain, on the faid nineteenth day of April, in the. year of our
Lord, one thoufand feven hundred and feventy-five, in the original contract which
fubfifted between him and the people : And whereas it is both juft and conftitutional
that all and every allegiance and other duty which was due from the good people of
America, on the faid nineteenth day of April, which was in the year of our Lord
one thoufand feven hundred and feventy-five, fhould be immediately transferred, and
accordingly were by means of the faid breach transferred from the faid king to the
powers, which afiumed the rights and exercife of government in this State : And
whereas various perfons, inhabitants of this State, in contempt of the faid allegiance
and duty fo transferred as aforefaid, did traiteroufly avoid the fame, and led away
by their wicked devices, did contumacioufly aid, abet, aflift, and comfort the troops
and vafTals of the faid Britannic king, then ravaging and plundering the coafts and
towns
* Altered andamended by ads of the fame year, No. 252, and No. 254. See acts of 1778, No, 2j6— of
4783, No. 26,5 and No. 267, attainting and confifcating the eftaies of certain other perfons.
LAWS OF GEORGIA. 209
towns of America, and by every favage and inhuman practice murdering and deftroy- A. D. 1778.
ing the good people of the fame ; And whereas it is but reafonable and juft that the No- 248-
eftates both real and perfonal, of all fuch perfons refiding within this State, on or
fince the faid nineteenth day of April, who have refufed their allegiance to the
governing powers of the fame, mould be forfeited and confifcatcd, which forfeitures Confifomons
and confifcations are further recommended by congrefs to be carried into immediate recommended
execution. With intent therefore that effectual juftice may be done and all fuch be tamed into
defections and treafons meet with their due punilhments, and alfo that the. fame may effe#-
be prevented in future,
I. Be it enabled by the reprefentatives of the freemen of the State of Georgia in afembly Certain perfons
met, and it is hereby enabled by the authority of the fame , That Sir James Wright, John edaridad^T^
Graham, Henry Yonge, jun. William Mofs, Robert Smith, James Hume, William guilty of high
John Yonge, Charles William M'Kennin, George Barry, Alexander Wylly, William Sife*^
Johnfton, John Lightenftone, John Mulryne, Jofiah Tatnall, William M'Gillivray,
John Joachim Zubly, George Kincaid, John Hume, Jofeph Farley, Robert Reid,
Thomas Reid, John Bond Randell, Henry Yonge, fenr. Philip Yonge, James Ro-
bertfon, James Brown, (fchoolmafter) David Johnfon, Alexander M'Go an, William
Simes, John Inglis, Peter Dean, Thomas Johnfon, George Bofland, James Johnfton,
James Downey, William Trintfield, George M'Caully, John Jameifon, Andrew
Hewitt, George Baillaie, George Webb, John Love of Effingham county, Jofeph
Johnfton, John Johnfton, George Wilds, William Love, Charles Hall, James Moore,
Samuel Moore, John Hubbard, Matthew Marfhal, Jofeph Marfhal, Thomas Brown,,
(late of die ceded lands) Thomas Scott, (late of the ponds on Ogeechee, Wilkes
county) Williim Frafer, Timothy Hollingfworth, Valentine Hollingfworth, William
M'Donald, John M'Donald, John M'Donald, (taylor) William Rofs, (late of St.
Andrew's Parifh) Daniel M'Leod, Alexander Baillie, Alexander M'Donald, David
Rofs, Daniel M'Donald, Roderick M'Intofh, Angus Bacon, Thomas Young, Simon
Munro, Simon Patterfon, William Lyford, Robert Baillie, James Kitching, Roger
Kelfall, James Spalding, Robert Porteous, Alexander Creighton, Robert Moodie,
William Clark, (late of Saint Andrew's Parifh) James Chapman, Charles Watts,
William Bofomuorth, Sampfon Williams, Garret Vinfant, George Vinfant, Daniel
M'Gurth, James M'Gurth, George Proctor, James Shivers, John Speier, John
Martin, (of Jekyl . Ifland) John Froft, William Froft, Cornelius Dunn, John Dunn,
John Fettinger, Robert Abrams, (hatter) Jofeph Rains, (late of the Parifh of St.
David's) Bafil Cowper,. jun. Thomas Stringer, John Hopkins, (pilot) William Oldes,
William Colville, (pilot) John Murray, Anthony Stokes, John Wood, (late of Sa-
vannah, merchant) James Edward Powell, Jermyn Wright, Charles Wright, Thomas
Eatton, James Tayler, (merchant) George Finch, Philip Moored William Panton,,
John Simpfon, (Sabine Fields) Charles M'Culloch, (late of Savannah) be attainted
and adjudged guilty of high treafon againft this State, and they are hereby attainted
and adjudged guilty of the fame accordingly.
II. And be it further enabled by the authority af or ef aid > That in cafe any or either of
the perfons above named, and who. are herein and hereby attainted of high treafon.
Dd. fhall
2io DIGEST OF THE
A. D. 177S. (hall hereafter return to this State or be taken in arms againft the authority of this
No. 248. State, or the United States, and fhall be brought within the limits of this State, fuch
Any perfon at- perfon, or perfons, fhall be fubject. to ai reft, imprifonment, and trial for the crime
foirreiurningto of high treafon, and fhall, on conviction thereof in any court of record, where, by
the State, or be- the laws of this State fuch perfon or perfons fhall be triable, receive fentence and
arms, (ball be judgment of death, and fhall fuffer accordingly.
imprifoned and HI. Jt„d whereas, fuch perfons as have forfeited the perfonal protection of, and
tried for high r , . , r r . n , _, ,.1r, .
treafon, and on been guilty of high treafon againft the State, contrary to their duty and allegiance to
eonvwftion fhall tjie fame do alfo incur the forfeiture of their property and poffeflions both real and
tuner death. _ r r j r
perfonal, and it being highly reafonable that the eftates real and perfonal of traitors
who are hereby attainted, fliould be difcovered and applied to the ufe of the good
people of this State in the moil fpeedy and effectual manner, and that due pro-
vifion be made for the fatisfaction of all juft and lawful claims, which any of the
good friends of this State may have to, out of, or upon the eftates of fuch difaffected
All lands heri- perfons and traitors : Be it therefore further enabled by the authority afore/aid, That all
tages, debts or ancj every the lands and heritages, debts or fums of money, and goods and chattels
funis of money, ' ' "■ ' , , 1 rr n 1 • 1 1
and goods and whatfoever and generally the goods, chattels and effects, heritable and moveable,
chattels of per- re?j an{j perfonai 0f what nature or kind foever they be, within this State, whereof
fons hereby at- r ' ,.>.'-' '-. .
tainted of trea- any perfon or perfons who fince the faid nineteenth day of April, which was in the
d't b f f • year °f our Lord one thoufand feven hundred and feventy-five, is or are hereby at-
ed and veiled in tainted and adjudged guilty of high treafon againft this State for levying war againft
for tbT'iSfe6©^ the fame, or confpiring againft its fafety, or for any other high treafon whatfoever
the State. committed fince the faid nineteenth day of April in the year of our Lord one thou-
fand feven hundred and feventy-five, within this Sate or elfewhere, was, were, or
fhall have been feized or poffeffed of, or interefted in, or entitled unto on the faid
nineteenth day of April, in the year of our Lord one thoufand feven feven hun-
dred and feventy-five, or at any time afterwards, in his, her or their own right,
or to his, her or their own ufe, or whereof any other perfon or perfons was,
were, or fhall fhall have been feized and poffeffed of, or interefted in, or entitled unto,
to the ufe or in truft for them or any of them, fhall, according to the feveral and
refpectlve eftates and interefts, which the faid perfon or perfons attainted fince
the faid nineteenth day of April in the year of our Lord one thoufand feven hundred
and feventy-five or any in truft, for them or any of them had, or fhall have had,
therein as aforefaid, or did, or might, or fhall forfeit by fuch attainder, ftand and
be forfeited to this State, and fhall be deemed veiled and adjudged and is and are
hereby declared and enacted to be in the real and a£tual poffeffion of the government
thereof, without any office of inquifition thereof hereafter to be taken or found, and
without declaration of forfeiture to be obtained. And to the end that all the eftates
of the faid traitors, of what nature foever within this State hereby or otherwife veiled
or hereby intended to be veiled in this State, and the yearly and other values thereof,
difcoveryanda- and all incumberances thereupon maybe the better difcovered, known and defcribed,
remaining the and afcertained, and that the fame may be fecured, fold and difpofed of, and that
eftates and mte- . . ' ' r '
reil of traitors* m the mean time the rents, lffues and profits thereof may be recovered and brought
in
Icor the better
LAWS OF GEORGIA.
211
in for the ufe of, and to defray the grievous and heavy expences accrued in defending A. D. 1778*.
this State againft the attacks of its cruel invaders ; and that due examination be taken, No. 248.
and fatisfaction be made of all juft and lawful claims to, upon, or out of the faid
eftates, or any of them : Be it therefore further entitled by the authority afore/aid, That A board of corn-
five perfons be appointed by the ballot of this houfe, to ad as a board o£commif- mi,ffioner.s aF-
, • i • * • ci 1 ■ •' 1 r pointed in- ccr-
fioners in each county within this State, except as herein is hereafter excepted, that tain counties.
is to fay : for the county of Chatham, George Walton, Thomas Stone, John M'Cleur,
Edward Davis, and Ambrofe Wright ; — for the county of Effingham, John Poftell,
Henry Wood, Jacob Cronenburger, Jofhua Pierce and Archibald Patterfon ;r— for
the county of Burke, John Thomas, Abraham Jones, Bleffingham Harvey, Jofeph
Grefham, and William Levingfton ; — for the county of Richmond, Robert Walton,,
Seth John Cuthbert, Benjamin Few, William Glafcock and William Jackfon ;— for
the county of Wilkes, Solomon Neifum, junior, Richard Aycock, George Wells,
Daniel Coleman and Barnard Herd ; — for the county of Liberty, Glenn, and Camden,
Benjamin Baker, John Sandiford, Francis Brown, Mofes Way and William Peacock; —
and any three or more of fuch commiffioners in each county {hall conftitute a, board, Any three or
and ihall exercife the powers and duties by this a£l given and required : and each more T each
■r jo ~i ■} county to exer-
board fo conftituted and appointed as aforefaid, is hereby authorized, empowered,, cife the powers
and required to enquire into all fuch eftates both real and perfonal within their refpec- Tbeir dutyT *'
tive counties, as are hereby or otherwife veiled, or hereby intended to be veiled in this .
State ; and to""caufe all and every the rents, iffues and profits thereof, until fale (hall be
made, to be effectually levied and paid to the refpeclive boards; and to levy, raife,
fecure and caufe to be fold by the fheriff or fuch other perfon as (hall be appointed by
the refpedlive boards of each county, all fuch eftates both real and perfonal, and;
other perfonal chattels and eftates hereby or intended hereby to be veiled in this State,
fituate and being within each county refpectively; and all fuch rents, iffues and pro-
fit, and all monies arifing from fuch fales, ihall be paid to the refpeclive boards, .
and by the refpeclive boards fhall: be depofited in the treafury of this State, to be dif-
pofed of, ufed or employed to fuch purpofes and ufes as the legiilature of this State,
fhall order and direcl ; and all perfons claiming or pretending to claim any eftate, .
right, title, or intereft in, to, or out of the faid eftates hereby, or intended hereby to
be veiled in this State, or being, or pretending to be creditors of any of the faid per- Creditors of
fons hereby attainted and adjudged guilty of high treafon, fhall produce and exhibit exhibit thdr'0
the fame to the refpeclive boards, within whofe jurisdiction fuch claims fhall belong claims to the re-
and be made, and the fame ihall be examined and enquired into by the refpeclive to^e^examijael:
hoards ; and if they fhall find that any of the claims fo to be made as aforefaid, fhall and admitted or
be well founded and have good color of juftice, and are not fraudulent and void,
by any part of this act, that then the faid refpeclive boards fhall admit fuch claims
and act accordingly : But in cafe any of fuch claims fhall not appear to be well founded
and to have good color of juftice, and fhall appear to be made fraudulent and void Duty pf attor-
by this, act, that then the faid refpeclive boards fhall refer all the papers and other n.ey ge«fral to
fiiQ 111 trie exfi'*
teftimonies upon which fuchclaims ihall be founded, to the attorney general for the mination,andto
State, for the time being, who is hereby authorifed and required, to enquire into and ^^staLT
examine.
*r
212 DIGEST OE THE
A. D. 1778 examine the faid papers and testimonies, and to defend the right of the State as well
No. 248. before the faid boards as in any of the fuperior courts againft the fame.
The commifii- IV. And be it further enacled by the authority af&refaid, That the refpective boards
oners to fit and fo conflituted and appointed as aforefaid, fhall and may meet, act and proceed from
aft on their own , . . - . - . ... .
adjournments; time to time, with or \tithout adjournment, within term time or without, and fhall
caill'° e^fons be- an(* mzY ^en<^ tneir precept or precepts, for any perfon or perfons whatfoever to ap-
fore them, and pear before them, and for all fuch books, papers, writings and authenticated copies
ofa^necefl'ary °^ recorcls as they mau think neceffary for their information in any matters or things
books, papers, relating to this act, without any fee, charge or reward to be paid for the fame ; and
ers' and duty ^a^ and mav detain in their cuftody fuch books, papers, writings, and authenticated
further pointed copies of records fo long as they fhall have occafion for the fame, and then return fuch
books, papers, writings, and authenticated copies of records to fuch perfons to whom
they refpectively belong; and fhall and may adminifter oaths for the better difcovery of
the truth of the enquiries by them to be made to any perfon or perfons therein concern-
ed, or to any other perfon or perfons whatfoever; and all fherifFs and their deputies and
conllables are hereby required to obey and execute fuch orders and precepts as fhall be
fent to them by the refpective boards; and the faid refpective boards are hereby empow-
ered and required in a fummary way, and without the formalities of the proceedings in
the courts of law, to enquire and inform themfelves by and upon the teftimony of wit-
nefles upon oath, examination of perfons interefted upon their oaths, infpection and
examination of deeds, writings, and records, or by all or any of the faid ways and means,
or otherwife according to their directions, as foon as may be ; and to make a regifter
in books, of the names of all fuch perfons attainted and of all real and perfonal eftates
and interefts whatfoever, by this act vefted or hereby intended to be veiled in this
State, and by whom fuch eftates was and were forfeited or forfeitable, and what
eftate or intereft every fuch perfon attainted or to be attainted for high treafon as
aforefaid, had in any of the premifes, on the faid nineteenth day of April, in Jie
vear of our Lord one thoufand feven hundred and feventy-five, or at any time after-
wards, and by what tenures the fame or any of them refpectively were holden, and
of all incumberances whatfoever, to which any of the faid eftates forfeited or forfeit-
able for high treafon were liable or fubject before the faid nineteenth day of April,
in the year of our Lord one thoufand feven hundred and feventy-five, or at any
time afterwards, and in cafe any perfon or perfons fummoned to appear before the
faid board refpectively for difcovery of the premifes, fhall neglect or refufe to appear
or be examined as aforefaid, then and in every fuch cafe it fhall and may be lawful
to and for the faid boards refpectively, to commit the faid perfon or perfons fo
neglecting or refufing as aforefaid, to the common gaol of the county wherein fuch
fummons and neglect and refufal fhall be made, there to remain without bail until
fuch perfon or perfons fhall conform themfelves and fubmit to be examined as afore-
faid ; and if any officer or officers fhall refufe to give obedience to precepts and
orders of the faid boards refpectively, for the due execution of this act, then and
in every fuch cafe, it fhall and may be lawful to and for the faid refpective boards
to impofe on any fuch officer or officers any fine not exceeding fifty pounds lawful
money
LAWS OF GEORGIA. 213
money of this State, for any one offence, and to commit any fuch officer or officers A. D. 1778.
to gaol until fuch fine {hall be paid. And for deterring and preventing all and every No« 248.
perfon and perfons whatfoever, anywife indebted or liable to pay to any fuch forfeiting
perfon or perfons, any fum of money hereby or otherwife veiled in this State as
aforefaid, from concealing, withholding, neglecting, or refufing to pay the fame to
the faid boards refpeftively, Be it enaBed by the authority afortfaid, That all and every perfons indebt-
fuch perfon and perfons fo indebted or liable as aforefaid, who (hall neglect to dif- fd and negleca-
1 11 is- 1 *■ • 1 1 >~>- • j • > 1 r in£ t0 difcover,
cover and make known the lame to the faid boards reflectively, within fixty days after and make
the patting and publication of this act, {hall forfeit double the value of any fuch debt known the fame
r ° r ' ' to the commif-
or debts, fum or fums of money to be recovered by fuit at law in the feveral counties fioners within
refpeftively, to the ufe of this State as aforefaid, and all and every perfon or perfons [j^aft ^for-
who was or were, hath or have been pofFeffed of any perfonal goods or chattels of feit double the
or belonging to any fuch perfon or perfons attainted of high treafon as aforefaid, va ue e° '
when the fame became forfeited or afterwards, or {hall be thereof poflefTed, are hereby ed of goods, &c.
flriftly charged and required to difcover and make known the fame to the faid boards °f f«cn perfons,
........ - . charged to make
refpeftively, within the faid time of fixty days next after the pafiing of this aft, and them known
all and every fuch perfon or perfons having fuch goods or chattels in his, her or their JaU, on faOure
pofleflion, cuftody or power, and neglefting to difcover the fame before the expiration to forfeit double
of the faid time of fixty days, {hall for fuch offence, forfeit double the value of fuch ' e amoun *
perfonal goods and chattels, to be recovered for the ufe of ..this State as aforefaid j Commiflloners
and the faid boards refpeftively are hereby authorized and empowered to make any make" fettle-
fuch fettlements and agreements, touching any fuch debts or perfonal goods and mentswithper-
chattels fo as aforefaid to be difcovered, as the faid boards refpeftively {hall in any
fuch cafe, on due confideration on the nature thereof, or circumftances of the par-
ties concerned therein, think fit and reafonable, which fettlements and agreements
to be valid in law, fo as they do not extend to any abatement of the real amount of
any fuch debts or a relinquifhment of any fuch perfonal goods or chattels, and fo as
the monies payable on any fuch fettlements and agreements be paid to the faid boards
refpeftively, for the ufe of this State, within the refpeftive times allowed by the
refpeftive boards for the payment thereof; and where any of the faid debts are
fecured by bonds or obligations with penalties, or are due and owing upon open
accounts not adjufted, the faid boards refpeftively are hereby athorized to ftate, fettle,
and determine the fame, or to caufe fuits to be commenced for the recovery thereof.
V. And to the intent the debts, perfonal goods and chattels herein before or Their powers
otherwife veiled in this State may be difpofed of, and the amount and value thereof ^d ^^ur~
applied to the ufe of this State, Be it further enaBed by the authority aforefaid, That
the faid refpeftive boards, as foon as conveniently may be, ufe their utmofl endea-
vors to fecure all fuch debts, goods, or perfonal chattels in fuch places and in the
cuftody Of fuch perfons as {hall be thought moft proper, by the faid boards refpec-
tively for preventing the perifiSing or any lofs or embezzlement thereof, and {hall
make or caufe to be made a true and perfect inventory or inventories thereof con-
taining a true and particular account of all fuch debts, goods and perfonal chattels
by whom they were forfeited, and when, and by whom delivered to the faid re-
fpeftive
2i4 DIGEST OF THE
A. D. 1778. fpe£Hve boards, or any perfon by them appointed to receive the fame; and fhall
No. 248. aif0 Caufe a jufl appraifement thereof to be made upon the oaths of any three perfons
to be appointed by the faid boards refpectively for that purpofe ; and the faid boards
refpetlively are hereby authorized and required to caufe the fheriff, or fuch other
perfon as they fhall refpettively appoint in the refpective counties, after all claims
fhall be liquidated and fettled, in the manner as is herein after directed in refpect to
real eftates, to fell all and Angular fuch goods and chattels fo inventoried and ap-
of goods and praifed according to their bell fkill and judgment, and for that purpofe fhall caufe
chatiteIn. gliVing public notice to be given for the fpace of thirty days at leaft, of the time and
days notice, for place of expofing to public fale any fuch goods and chattels and the feveral parti-
th« money of cu]ars then and there to be fold, at which time the fheriff or fuch other perfon as
this btate only, J r
and to none they fhall reflectively appoint fhall fell the fame by auction for the money of this
zenTlnd'inha- State only, and to the inhabitants being adlual citizens and refidents of, and within
bitants thereof, the fame, and to none others.
Board of com- VI. And the faid boards refpedlively fhall attend the fale of any fuch goods or
tendfaks3 keep chattds> and fhall caufe an entry to be made in their refpe&ive books of all and
books of entries every the perfonal goods or chattels fo fold, and of the buyers names and places of
cenffkatef S'to abode, and of the prices for which they fold ; and for the further affurance thereof
buyers. to the buyers, the faid boards refpectively fhall give a certificate under the hand and
feal of the chairman unto the refpedtive buyers being inhabitants, citizens, and
refidents of this State as aforefaid, and not tranfient, and of and belonging to any
other State or government except as herein after is provided and excepced, fpecw
Terms ef fale. fying the particulars by them bought, the prices and time of fale; and every fuch
buyer fhall thereupon pay one fourth part of the amount of every fuch pur-
chafe fo made by perfons within the defcription of this a£t to the faid boards
refpeclively for the ufe of this State ; and fhall give good and fufficient fecurity by
mortgage of the property fo purchafed, and alfo perfonal fecurity to be approved of
by the faid boards refpe£tively for payment of the remaining part of the purchafe
money within three years after, the day of fale with inte reft for the fame at the rate
of eight per cent, per annum, to be paid in the following manner, that is to fay : One
third part of fuch remainder at the end of one year, one other third part thereof
at the end of two years, and the remaining one third part at the end of three years,
together with the whole of the intereft at the end of each year refpectively to the ufe
of this State, payable to the governor of this State for the time being, and all fuch
Bonds taken to bonds fhall be recorded in the fecretary's office of this State within ten days after
icaalrfi office tnev ma^ be- delivered to the governor ' aforefaid ; and the faid refpedtive boards,
being fatisfied with the payment of the faid one fourth part which fhall be depofited
in the publictreafury for the ufe of this State, and of. the fecurity given for payment
of the remainder within the time aforefaid, fhall forthwith order the particulars fo
bought, paid for and fecured, to be delivered to the buyer or buyers, his, her or
their affigns ; and in cafe any perfon or perfons, who fhall be the higheft bidder for
any fuch perfonal goods or, chattels fo expofed to fale as aforefaid, fhall make any
default in payment of the faid one fourth part of the purchafe money, or in giving
approved
LAWS OF GEORGIA. 215
approved fecurity as aforefaid, for payment of the remainder within the times afore- A. D. 1778.
faid, the faid boards refpectively Avail and may order the refpective fheriffs or fuch Bu e°r'sn204t^'on,.
other perfon as they (hall refpectively appoint, to proceed to a new fale of all and plying with the
every fuch perfonal goods or chattels for which fuch default fhall be made unto any 'e0r^ pUrchaf-
other perfon or perfons as if no fale thereof had before been made. ed to be re-fold.
VII. Provided neverthelefs, That no one perfon, or any perfon for his or her be- Provifo.
nefit, or ufe, fhall have a right, or be permitted out of any or all the fale or fales which No P"r°n t0
' ' . . purchafe more
{hall or may be made under, or by virtue of this act, more than twenty-five negroes than twenty-
above the age of fifteen years ; and all purchafes of a greater number of negroes above bovethfaee of
that age by any one perfon, or any perfon for his or her ufe are hereby declared frau- fifteen years.
dulent and void, and any and all negroes above that age and number which fhall or
may be fold contrary to the intent and meaning of this act fhall be demanded and taken
from any fuch purchafer, and again expofed to public fale.
VIII. Provided alfo, That any of the inhabitants and citizens of any of the United Provifo.
States who fhall actually come within this State with notorious intent to fettle in the ther States <
5 com
fame, may be allowed to become purchafers at any of fuch fales, within tl-e reftric- inghere to fet-
tions aforefaid : And provided further, That no purchafer may be allowed, or permit- purchafers.
ted to remove any fuch flaves fo purchafed as aforefaid without the limits of this Negroes par-
State, and that in cafe any perfon fhall, contrary to the intent and meaning of this removed°out of
act, within twelve months after the palling and publication of the fame, remove or the State-
carry from without the limits of this State any negro or negroes fo purchafed as
aforefaid, fuch perfon or perfons fhall for fuch offence, forfeit double the value
thereof, to be recovered by fuit at law, to the ufe of this State.
IX. And be it further entitled by the authority aforefaid. That all and every perfon or Claims to con-
perfons being friends to the independency of this State, who fhall claim or pretend ty t0 be exhi-
to claim any right, title, or intereft of, in or to any fuch real eftate of any perfon ^lted m fistv
days or be bar-"
herein and hereby attainted in and by this act, fhall within fixty days next after the red,
paiTing and publication of this act, by his, her or their attorney or otherwife, prefer
and exhibit the fame to the faid boards reflectively, and in cafe no claim fhall be
preferred and exhibited within the faid fixty days of, in or to any fuch real eftates
of perfons attainted in and by this act, all and every fuch eftate or eftates fhall be
deemed free of incumberances and charges ; and the faid boards refpectively, may
and fhall proceed to give public notice in writing, of at lead forty days, for the fale Forty days ho-
■of fuch eftates, in like manner as is required in and by this act, in refpect to the fale e^t d
of perfonal goods and chattels.
X. Provided neverthelefs, That in cafe it (hall appear to any future legiflature, that What perfons
any infant or other perfon being friends to the independency of this State, from bit t^eir c]a;ms
being under age or from any other unavoidable obftacle, could not prefer or exhibit may be relieved
his, her or their claim or claims of, in or to any fuch real eftates to the faid refpective lure.
boards, within the faid fixty days, it fhall and may be lawful to and for any fuch
houfe of affembly to give and grant to any fuch aggrieved perfon or perfons, fuch
relief and redrefs as fhall be deemed equal to the real value of all and every fuch
claim and claims, any thing contained in this act to the contrary in any wife not-
withftanding. XI.
2i6
DIGEST OF THE
XL And provided a/fo, That all fuch claimants (hall have and be entitled to every
advantage of being heard by counfel or otherwife, before the faid refpective boards*
A. D. 1778.
No. 248.
Claimants may-
be heard by as any iucn claimants may think lit.
counfel, xil. And provided further y That all, any,, and every fuch claimant or claimants,,
And may appeal W^Q ^jj or m ^ discontented with the determination of any of the boards re-
to the superior 1 »
court, fpectively, fhall have the right of appealing from the fame to any of the fuperior
courts of this State within the refpective counties.
Real eftates to XIII. And to the end that all fuch real e Hates fo fold as aforefaid, may the more
vearfenfdit fix effectually be fecured, allured, and confirmed to the refpective buyers ; Be it enacted
jHrcent.intereQ. by the authority aforefaid^ That the faid boards refpectively, fhall caufe the refpective
fheriffs or fuch other perfons as fhall be appointed by the refpective boards, imme-
diately after good and fufficient fecurity as aforefaid fhall be given and taken from the
refpective buyers, payable within five years next after any and every fuch fale, to the
governor of this State, for the time being, fuch fecurity to be approved of by the faid
boards refpectively, together with an interelt of fix per cent, payable annually to
the governor as aforefaid, that then the faid refpective fheriffs or fuch other perfon*
as fhall be appointed by the faid refpective boards, fhall at the proper coils and
charges of every fuch purchafer, fign, feal, and execute to every fuch purchafer>
giving fecurity good and fufficient deeds of leafe and releafe, for bargaining,, felling, alluring, releaf-.
Titles to be
made to pur
chafers on their
a» recjuired by
this a&
To be endorfed
by the cammif-
iioners.
Suits to be in.
mg, conveying and confirming to every fuch purchafer, his, her, or their heirs and-
affigns for ever, every fuch tract, of land or plantation fo to be fold and purchafed*
under and by virtue of this act,, as herein before is mentioned and directed; which;
faid deeds of leafe and releafe fhall be certified by the refpective boards, by an en=.
dorfement on the deed of releafe,. fpecifying the actual fale of the premifes, the con-
fideration or purchafe money, and the purchafer's name.
XIV. And be it further enaEled by the authority aforefaid^ That all fuits which fhall
the name of die or may be commenced or. caufe to be commenced in any of the courts of this State;
s° by any of the faid refpective boards under and by virtue of. this act, fhall he in the
name of the governor in truft for, and on behalf of this State*
XV. And be it further enacledby the. authority afore/aid, That all bonds, bills, notes*
conveyances! by leafe and releafe or otherwife, transfers, exchanges, fettlements, in
truft or otherwife, of any fuch eftates, real or perfonal, of, or belonging to perfons
made, declared hereby attainted, made or entered into before or Cnce the faid nineteenth day of
vulid
April, in the year of our Lord one thoufand feven hundred and feventy-five,. beings
fair,, and for bona fide and valuable consideration, and not intended to fecure and
keep the fame from forfeiture and confifeation, fhall.be deemed and held valid in.
law, any thing herein contained to the contrary no twithftanding : Provided never-
thelefsy That the faid refpective boardsfhall have and exercife.the powers, of examina-
tion and enquiry, by fending for perfons, papers, and authenticated copies, of records,,
by adminifiering oaths,, and otherwife to difcover any and all collufions- and frauds ;
and all deeds and writings- of what nature, or kind foever which fhall appear to have
been made with intent to fecure any fuch eftate real or perfonal, from forfeiture and:
confifeation, is and are hereby adjudged and declared fraudulent and void.
XVI..
Bonafde fettle -
mentSjfales, &c.
of fuch eftates,
heretofore
CommifRoners
empowered to
make enquiry
therein.
«
<(
<<
<«
<c
LAWS OF GEORGIA.
0
XVI. And iv Joe nets the well managing of the faid forfeited eftates, is oi the utraoit
confequence to the fafety and prefervation of this State, Be it therefore enacled by the
authority afore/aid, That the feveral commiffioners nominated by this act, for the fel-
ling and difpofing of the faid forfeited eftates, fhall each of them before they enter
on the execution of their office, take the following oath before any magiftrate of the
refpective counties, not being a member of any of the faid refpective boards. " I A.
B. do folemnly fwear that I will to the beft of my fkill and judgment, faithfully
and honeftly execute and perform the feveral and refpective duties required in and
by an act of the general affembly of this State, entitled ' An a£t for attainting fuch
perfons as are therein mentioned, &c. as commiffioner for the county of
So help me God."
XVII. And for the more effectual fecuring the benefits arifing on fuch eftates,
Be it enacled by the authority aforefaid. That the faid commiffioners, and each of them
fhall give good and fufficient fecurity to the governor for the time being, in truft for
the ufe of this State, for the due and faithful peformance of the truft repefed in them,
in proportion to the eftates fo intruded to them, in manner and form following, that
is to fay:
Each of the commiffioners of the county of Chatham, five thoufand pounds.
Each of the commiffioners for the county of Effingham, two hundred pounds.
Each of the commiffioners for the county of Burke, one hundred pounds.
Each of the commiffioners for the county of Richmond, five hundred pounds.
Each of the commiffioners for the county of Wilkes, one hundred pounds.
Each of the commiffioners for the counties of Liberty, Glenn, and Camden, five
hundred pounds :
Provided neverthelefs, that no one commiffioner fhall be fecurity for another com-
miffioner.
XVIII. And be it further enacled by the authority aforefaid, That the refpective boards
do, and they are hereby required to correfpond with each other, and to fettle differ-
ent and diftant days for felling any of the eftates, real or perfonal, which fhall or may
be fold under and by virtue of this act ; and in order that all or any of the inhabi-
tants of the feveral counties may attend any fuch fales.
XIX. And to the end that all monies arifing by means of all and every the fale
and fales, rents, iffues, and profits of any fuch eftate fo veiled in this State as afore-
faid may be feeured and applied to the ufes and purpofes directed by this act, Be it
therefore enacled by the authority aforefaid) That the faid refpective boards fhall and
they are hereby directed and required to pay into the public treafury of this State all
and every fum and fums of money which fhall or may come into their hands refpec-
tively by means of any fale, or fales, rents, iffues and profits as aforefaid within ten
days next after the receipt of all and every fuch fum of money by the faid refpective
boards : And the treafurers of the fame for the time being, are hereby directed and
required to make and fubferibe three receipts for every fuch fum of money of the
fame tenor and date, and to deliver one of fuch receipts to the governor for the time
being, one to the faid refpe&ive boards, and the remaining one fhall be lodged in
the fecretary's office of this State.
E e XX.
217
A. D. 1778.
No. 248.
To be fworn.
Their oath.
Severally to
give bond and
fecurity to the
governor.
Days of fak,
how appointed.
All monies a-
rifing from fales
rents &c. to be
paid into the
treafury.
218
DIGEST OF THE
A. D. 1778.
No. 248.
Vacancies in
any board, how
filled.
Compenfatinn
to fheriffs, &c*
in the feveral
counties for fel-
ling under this
act.
To give fecurity
payable to the
govtrnor.
Wives and chil-
dren ol perfons
attainted may
be allowed fup-
}*rt out of their
eltatcs.
Provifo.
Appropriation
of monies arif-
ing from fates,
XX. And be it further enabled by the authority aforefaid. That in cafe any of the
commiffioners appointed in and by this act fhall die, or refign their appointment,,
refufe or neglect to aft in the recefs of the legislature, then the governor and coun-
cil for the time being are hereby authorized and empowered, to appoint fome proper
and difcreet perfon or perfons to act in the room, or ftead of any fuch perfon or per-
fons who fhall or may die, or refign, refufe or neglect to act as aforefaid;
XXI. And whereas, the fheriffs' of the feveral counties, or fuch other perfon or.
perfons who fhall fell any part of the confifcated eftates will be put to confiderable
trouble in felling the feveral eftates ordered to be fold by this act, and it is but juft
and right they fhould receive an adequate compenfation for the fame, Be it therefore
enabled by the authority afore/aid. That the feveral fheriffs, or fuch other perfon or per-
fons, who fhall fell at public outcry the feveral eftates directed to be fold by this act,,
or any of them, or any part of them fhall be allowed for their trouble therein the
following commiffions, viz :— To the fheriff, or fuch other perfon or perfons who
fliall fell the faid eftates in the county of Chatham, five millings on every hundred
pounds value fo fold received and paid ; and to the fheriffs, or fuch other perfon or
perfons who fhall fell the faid eftates in the counties of Effingham, Burke, Richmond,
Wilkes, and Liberty, Glynn, and Camden, fifty {hillings on every hundred pounds,
value fo fold, received and paid, in each of the faid counties, to the amount of ten
thoufand pounds ; and for all fums above the amount of .ten thoufand pounds,, five
fhillihgs on every hundred pounds value fo fold, received and paid;
XXII. An4 to the end that all monies arifing from the faid fales may be more effec-
tually fecured and applied to the public ufe : Be it therefore enabled by the authority
aforefaid, That the refpective boards are required to demand a reafonable fecurity of
the refpective fheriffs or other perfons, for the due and faithful performance of their
offices in felling the eftates both real and perfonal, forfeited, and confifcated by this
act and directed to be fold, which fecurity fhall be made payable to the- governor for
the time being, in truft for the State, and fhall be filed in the fecretary's office of the
fame, there to remain as matter of record.
X'Xin. And be it further enabled by the authority aforefaid,' That the faid refpective
boards be, and they are hereby authorized and empowered to allow and appropriate
any part or parts of the eftate or eftates, real or perfonal, of every perfon or perfons
attainted in and by this act, who hath, or have left a wife or wives, child or> children
behind him or them, and who are yet and fhall continue to remain within this State
for the fupport and maintenance of fuch wife or wives, child or children : Provided,\
that fuch allowance and appropriation do not exceed- the one half part of any fuch
eftate, except in cafes where the one half part of any fuch eftate fhall be found to
be infufficient for thefe purpofes, that then and in every fuch cafe it fhall and may be
lawful for the faid refpective boards to allow and appropriate to the purpofes aforefaidi
any further part, or the whole of any fuch eftate, or eftates.
XXIV. And be it further enabled by the authority aforefaid, and it is hereby enabled
and declared,. That all fum and- fums of money, arifing from all and lingular the fales
of both real and perfonal eftates, fo to be made, as aforefaid, fhall be employed
towards
' LAWS OF GEORGIA. 2x9
towards calling in, and finking the certificates and bills of credit vffued by this State A. D. 1778.
for the public defence and fecurity, and towards defraying and discharging the quota N<" 24S.
•of this Sate of the expences and difburfements of the United States in the prefent
war with Great Britain j and the remainder of the fame fhall be appropriated as a
fund for the future Support of this State, fubjec"t to the difpofal of the general aflem-
bly of the fame.
XXV. And be it further enacted by the authority afare/aid, That this mail be deemed Public ad, per.
a public act, and may be given in evidence in any of the courts of record within °"*d "heeene-
this State without any fpecial pleading ; and in .cafe any perfon fhall be fued or im- ralifluc.
pleaded for any thing done under this a£l, and judgment by verdict, or otherwife fhall
be paffed againft him, fuch perfon fhall recover double cofts.
N. W. JONES^ Speaker.
■Savannah, March ifl, 1 778L.
f An Aft for opening and regulating the fuperior courts in the feveral Na. 245.
counties of t hit State, and for the more convenient adminif ration
ofjufice in the fame, agreeable to the conftitution thereof.
"HEREAS by .the conftitution of this State, circuit courts are eftablifhed Preamble,
and directed to be held in each county, by the ftyle and title of a fuperior
-court, wherein all caufes of what nature or kind foever are to be tried, except as in
the faid conftitution excepted : And ivhereas fome doubts may arife with the juftices
in each county, whofe duty it fhall be to affift in holding fuch courts, whereby the
bufinefs of fuch courts may be greatly retarded ; for the prevention whereof, and
in order to carry the faid conftitution into full force and effect,
I. Be it enacted by the representatives of the freemen of the State of Georgia in afembly Affiftant judges
met, and by the authority of the fame, That Jofeph Clay, William O'Brien, James Max- "JJ0gJ^ for
well, and Phillip Box, Efquires, juftices of the peace for the county of Chatham ; counties,
.and John Adam Treutlen, Abraham Ravot, Benjamin Lanier, and William Holzen-
dorf, Efquires, juftices of the peace for the county of Effingham ; and John Thomas,
Edward Telfair, David Lewis, and Daniel M'Murphy, Efquires, juftices of the
peace for the county of Burke ; and John Walton, James M'Farland, Dionyfius Wright,
and William Few, Efquires, juftices of the peace for the county of Richmond ; and
William Downes., Zachariah Lamar, Benjamin Catchings, and Abfalom Beddel,
Efquires, juftices of the peace for the county of Wilkes; and Parmenas Way, John
Graves, John Mitchell, and Samuel Saltus, Efquires, juftices of the peace for the Superior court
county of Liberty, fhall be affiftant and affociate judges with the chief juftice of this pnfdi&jcai.
State, to hold the feveral fuperior courts in the refpettive counties, for which they
the faid judges are appointed ; and fhall have full power and authority to exercife
jurifdicHon, and have cognizance of all pleas civil and criminal, and of all caufes of
what
* Sec a.fh of 1702, No. 270, and of 1786, No. 344. See alfb note at the conclufion of this ad.
220
DIGEST OF THE
A. D. 1778.
No. 24 <).
Piovifo.
Any jufticemay
aflift in the laid
tourts.
Rules of court.
Writs and other
procefs how if-
i'uedand return-
able.
To be directed
to, and ferved
by flu riffs of the
county where
defendant re-
fides, and there
ended.
Superior court
how to proceed
with the jury.
Judgment to be
according to the
verdict of tha
jury.
Execution a-
gainft the body
or goods, unlefs
appeal be enter-
ed agreeably to
theconflitution,
in ten days.
Petition how to
be drawn and
figned, and to
be ferved twen-
ty days before
court .
Bail how to be
taken fubject to
order of court.
Superior court
judgetin equity;
what nature or kind foever, according tothecuftom and ufage of courts of law and
equity, at fuch times, and in fuch way and manner as is directed by the constitu-
tion aforefaid : Provided, nothing in this act is intended or meant to prevent any of
the juftices in the refpective counties from amfting in the faid courts : And that the
faid courts fhall and may, from time to time, make rules -and orders (not contrary
to any thing herein contained) for the regular and more convenient conducting and
effectual difpatch of bufinefs therein, as to the fame fhall feem neceffary and pro-
per ; and all writs, and other procefs, in civil actions, triable in the faid courts*
fhall iffue either from the chief juftice, or fenior affiftant judge of the county, where
fuch court mall be held, and be returnable at leaft twenty days before the fir.fl fitting
of the court, and be directed to all and fingular the fheriffs of this State, and be
ferved by the fheriff, or his deputy, for the county where the defendant fhall or
may be found ; and all proceedings thereon fhall be carried on in the county wherein
the defendant refides, until the caufe fhall be at iflue, and finally concluded and
determined \. and that in all capital cafes, the faid judges fhall have power to refpite
execution until thirty days after fentenee.
II. And be it further entitled by the authority aforefaid, That it fhall and may be
lawful for the faid judges, in the faid fuperior courts, to proceed with a jury in
fummary Way, on petition, in all difputes' of a civil nature, cognizable in the faid
court, for any debt or damages, or any fum of money above ten pounds (except
where the titles of land or other real eftate may come in queftion, in which fuit
the plaintiff and defendant fhall have the benefit of all matters in the fame manner
as if the fuit was commenced in the ordinary forms of common law and equity here-
tofore had and ufed) and the faid judges are hereby required fo to do, and to give
judgment according to the verdict of the jury, and in the fpace of ten days
afterwards, where the cafe fhall fo require, award execution, together with cofls,-
againff the body or goods of the party againft whom a verdict fhall pafs, unlefs an.
appeal is made by either party agreeable to the conftitution, in which cafe the caufe
fhall be reheard in the appeal, in the fame fummary way as is herein expreffed and
pointed out for the flrft trial, and on final judgment, execution fhall be granted,.
where the cafe may fo require as aforefaid ; and that the petition fhall contain the:
plaintiff's charge, complaint, allegation, or demand, plainly and diftinctly fet forth,,
and be figned by the party or his attorney, and a true copy thereof fhall be perfonally
ferved, or left at the, defendant's ufual and notorious place of abode, by the fheriff
or his deputy, for the county where the caufe is determinable, twenty days before
the firft fitting of the faid courts ; and where bail is required, an affidavit fhall be
made of the debt or damages, and endorfed on the petition, in which cafe the fheriff
fhall take a bail bond in double the value of the debt, which fhall be fubject to the
order of the court.
III. And whereas many cafes may happen wherein the title of land and other im-
portant matters may require an equitable determination, Be it therefore enacted by the
authority aforefaid, That where any cafe which may or heretofore was cognizable in
a court of equity fhall happen3 the fame fhall be introduced by way of petition, to.
the
LAWS OF GEORGIA.
^21
the fuperior court of each county, as the cafe may require, which court is empowered
to determine finally on all fuch caufes as courts of equity have heretofore ufually
done, any thing in this act to the contrary notwithftanding.
IV. And be it further enabled by the authority afore/hid, That in every civil action
commenced and depending in the faid fuperior courts, the refpe<Stive officers of the
faid courts fhall be entitled to the following fees, (except the fame be a fpecial court
called for a particular purpofe, in which cafe the like fees fhall be allowed, and taxed
by the chief juflice, or any one of the affiftant judges of the county wherein the caufe
fhall be tried, as have in fuch cafes been hitherto accuftomed) to wit : The chief jus-
tice, or in his. abfence, the fenior afliftant and affociate judge presiding at the faid
courts, fifteen fhillings ; the attorney, one pound *, the clerk of the court, fifteen
fhillings j the fherifF, ten fhillings :. Provided neverthcfefs, That in cafe the defendant
.fhall fuffer execution to iffue againfl him, and a levy and fale made thereon, the
fheriffs fhall, on fuch levy and fale, be entitled to the following fees, to wit : For
mileage, per mile, four-pence j. for levy, ten fhillings ; for commiflions on the fale,
five per cent, on all fums above j for conveyance, (if the fale be of real eflate) one
pound.
V. And be it further enabled by the authority aforefuid, That all fheriffs, before they
enter upon the execution of their offices, fhall take the oaths of office, and give
bond with fecurity, for the fum of two thoufand pounds, to the governor or com-
mander in chief of this State for the time being, for the due and faithful difcharge
and execution of their faid offices-, and the faid bonds fhall remain in the clerk's
office of the faid county for which fuch fheriffs are appointed, and may be fued for
by order of the faid court, for the fatisfattion of the public, and all private perfons
aggrieved by the mifccnducl: of the faid fherifF.
VI. And be it further enacted by the authority afore/aid, That the faid fheriffs fhall,
by themfelves or their lawful deputies refpeclively, attend all the courts hereby ap-
pointed or directed to be held within their refpec~tive counties, and fhall have the like
powers and authorities, and they and their under fheriffs and gaolers be fubjett and
liable to all actions, fuits, fines, -forfeitures, penalties, and difabilities whatfoever,
which any fherifF, under fheriff, or gaoler, is fubject or liable to, or may incur by
the laws and flatutes of Great Britain, as have been heretofore ufed in the then pro-
vince, but now State of Georgia, for and in refpect of tire efcape of prifoners, or
for or in refpecF of any other matter or thing whatfoever, relating to or concerning
their feveral and refpetlive offices ; and no fherifF, under fheriff, fheriff's clerk, or
other fheriff's officers, fhall adt, as an attorney in his own name, or in the name of
any other perfon, or be allowed to plead or practice in any of the courts of this State,
during the time he is in any fuch office.
VII. And for the cafe of fheriffs with regard to the return of prccefs, Beit enabled
by the authority aforefaid, That the fherifF of each county fhall, at the expiration of his
office, turn over to the fucceeding fherifF, by indenture and fchedule all fuch writs
and procefs as fhall remain in his hands unexecuted, who fhall duly execute and
■return the fame ;; and in cafe any fuch fheriffs fhall . refufe or. neglect to turn over
fuch.
A. D. 1778.
No. 249,
Coflsof fuit.
Sheriff's fees on
executions.
To be fworn
and give bond
with fecurity.
Their powers,
and how liable*
Not toacl: asat--
toinies.
And at the ex--
piration of their
officers to turn-,
over all procefs,
&c. to their fuc-
ceffors, ether-
wife liabletoda-
niages and »of\s..
I
■4fc
222 DIGEST OF THE
A. D. 1778. fuch procefs in manner aforefaid, every fuch fheriff to neglecting or rcfuG/ng, {kali
No. 249. be liable to make fuch fatisfacYion by damages and cods, to the party aggrieved, as
To deliver up he, fhe or they, (hall fuftain by fuch neglect or refufal ; and the faid fheriff fliali
with^the 3pri- 'l^° deliver up to his fucceffor the cuftody of the gaol, and the bodies of fuch pei--
foners. fons who fhall be confined therein, and the caufe of their detention; and all writs
Procels, &c. a- aa(i procefs brought again ft any fheriff fhall be directed to the coroner of the faid
gamlt ihenn to 1 ° .
be directed to county where fuch fheriff refides, 'returnable to the faid fuperior courts-, and, where
coroner. ^ cafe iria]| fo require, execution fliali alfo be levied hy fuch coroner.
Grand and petit VIII. And be it further enabled by the authority aforefaid. That as foon as maybe
jurors to be free after tne paffing of this ac~t, the faid juftices fliali caufe lifts of jurors, for the trial
of civil and criminal caufes., and grand jurors to be made for each of the counties
aforefaid, who are freeholders ; and that all perfons who are to be returned for the
trial of civil and criminal caufes in the faid fuperior courts, fliali every of them have
and be feized of fifty acres of land, in their own right, in fee fimple, fee tail, or for
the life of thentfelves, or fome other perfon^ or fhall be a houfeholder, and feized
in like manner of a town lot in fome town or townfhip in the county wherein he fliali
be returned to ferve ; all which perfons having fuch eftate as aforefaid, are hereby
enabled and made liable to be returned and ferve as jurors for the trial of civil and
criminal caufes aforefaid ; and if any perfon of a lelTer eftate fhall be returned upon
any fuch jury, it fliali be a good caufe of challenge, and the party returned fhall be
difcharged upon the faid challenge, or upon his own oath of the truth of the faid
matter.
Grand jury lifts ^- And be it further enabled, That all perfons returned to ferve as grand jurors
how to be made at the faid fuperior courts fliali every of them have and be feized of not lefs than
two hundred and fifty acres of land, in their <3wn right, in fee fimple, fee tail, or
for the life of themfelves or fome other perfon, or fhall be in the commiflion of the
peaces and the faid affiftant aad affociate judges are hereby required to regulate and
corre£t the feveral lifts of freeholders annually, by particularly fpecifying therein,
in diftincT: columns, the perfons moft able and difcreet, and qualified as aforefaid, to
ferve as grand jurors, together with their titles, additions, and places of abode ;
which lifts, fo corrected, the faid judges fhall tranfmit to the clerk of the counties
refpe€tively, firft attefting fuch lifts under their hands,
juries in what -^ -^-H^ ^e it further enabled by the authority aforefaid. That the clerks of the feve-
manner to be Tal counties fhall, immediately after the receiving fuch lifts, fairly enter the fame in
a book for that purpofe to be provided, diftinguifhing in feparate columns the per-
fons returned qualified to ferve as grand jurors, and thofe for the trial of civil and
criminal caufes as aforefaid, and that the names of the feveral perfons fo returned fhall
be written on feparate pieces of paper, and the faid judges fhall caufe a jury box to
be made for the faid courts, to be provided at the public expense, and fuch jury
lifts fhall be put in the faid boxes reflectively ; which boxes fhall remain in the
charge of the* clerks of the refpe£tive counties, and be locked with the keys of any
one of the faid affiftant and affociate judges and the clerk of the county ; and the
aames of ail the perfons returned qualified to ferve as grand jurors fliali be put into
an
LAWS OF GEORGIA. 223s
an- apartment of the faid box, to be marked with the number one j and the names A. D. 1778,
of thofe perfons returned for the trial of civil and criminal caufes as aforefaid, (hall No« 248-
be put into an apartment of the faid box to be marked with the number three,
XL And be it further enabled by the authority aforefaid, That no juror whatfoever To be donebe-
fhall be drawn or impannelled but in the prefence of one of the affiftant and alTo- ;°!wse" '
ciate judges and the clerk of the county : Provided always, That in cafe of death,
ficknefs, or other unavoidable accident, ocoafioning the abfence of either of the
faid parties having the cuflody of the faid keys, that then the key of fuch abfentee-
fhall be committed to, and. remain in the cuflody and care of any other of the faid
affiftant judges for the county.
XII. And be it further enatled by the authority aforefaid, That the faid affiftant judge Thirty-fix to be
and clerk of the county, or perfons- having the cuftody of the keys as aforefaid, jurors; and
(hall, on the adjournment day of the faid fuperior courts to be held in each county, thirty-fix for
caufe to be drawn, by fome indifferent perfon, out of the divifion or apartment of
the faid box marked with the number one, thirty-fix of the papers or ballots, one
after another, and the perfons whofe names fhall be wrote therein fhall be the-
grand jurors to ferve on the grand inqueft at the fuperior courts next enfuing ; and'
fo repeatedly until all of the faid papers fhall be drawn out of the faid divifion mark.-
ed with the number one ; which papers, from time to time, as they are drawn out
of the faid divifion, fhall, after an account is taken of the names therein written,,
be rolled up again, and put into a divifion to be marked with the number two; and
when all the papers or ballots are drawn out of the divifion number one, then rhey'
mail in like manner be drawn out of the divifion number two, and returned into the
divifion number one, and fo alternately, from time to time, as the faid papers fhall.
be all drawn out of either of the faid divifions ; and the faid affiftant judge, imme-
diately after the drawing of the grand jurors, fhall in like manner caufe to be drawn,.
out of the divifion or apartment of the faid box to be marked with the number three,,
thirty-fix of the faid papers, and the perfons- whofe names fhall be wrote tlferein-
fhall be the jurors to ferve on the petit jury for the trial of civil and criminal caufes,.
and fo from time to time until all of the papers fhall be drawn out of the divifion, ,
number three, which, as they are drawn out of. the faid divifion, fhall, after an
account is- taken of the names- therein written, be rolled up again and put into the.
divifion marked with the number four ; and when all the papers are drawn out of the.
divifion number three, then they fhall in like manner be drawn out of the divifion
number four, and returned into the divifion number three, and fo alternately, from-
time to time,, as the papers or- ballots fhall be all drawn out of either of the faid
divifions.
XIII. And be it further enabled by the authority aforefaid. That the names of. the And irnmedi-
feveral jurors, fo to be drawn in manner aforefaid, fhall, immediately after they are. a look" byC th e
drawn. out, be entered by the clerk of the county, who fhall attend the. drawing as: ilerk.
aforefaidj in the minute book of the faid fuperior court.
XIV. And be it further enacted by the authority aforefaid. That the clerk of the
county (hall annex a. panne), containing the names of the jurors drawn to. ferve on-
the.
s 1+ DIGEST OF THE
A. D. 1778* the grand inqueft, exacYiy tranfcribed from the faid minute book, to the precept for
No. 249. fummoning the grand jury -, and fhall alfo annex another pannel of the names of the
Precepts and perfons drawn to ferve as petit jurors, for the trial of civil and criminal caufes,
ftlnmdnfng ju- exactly tranfcribed as aforefaid, to the writ of venire facias to be iffued for fummoning
ries how to be the faid petit jury, in the mandatory part of which faid writ of venire facias (hall
be inferred the words following, to wit : " The feveral perfons named in the pannel
to this writ annexed," which precept and writ of venire facias, with their feveral
pannels annexed as aforefaid, (hall be delivered by the clerk of the court within
three days after fuch juries being ballotted and drawn as aforefaid, to the fheriff of the
county.
Tobefunimon- XV. And be it further enabled by the authority aforefaid, That th& fheriff, or his
ed by the fheriff , .,, r 1 • 1 • ...... J / ~, \ -
at leart ten days lawful deputy, tor the time being, upon the receipt or every precept and writ of
before court. venire facias, fhall caufe the feveral perfons whofe names are contained in the pannels
thereto annexed, to be ferved with a fummons in writing ten days at leaft before the
court at which they are to attend, which fummons fhall be in the following form, or
Form of fum- m WOrds to the like effect : " By virtue of a precept, (or writ of venire facias)
you are hereby fummoned to appear before the chief juftice and his affociates, at the
next fuperior court, to be held at the court houfe in the county of on Tuef-
day the day of next, at o'clock in the morning of the fame day, to
be fworn on the grand jury, or petit jury, (or as a juror) for the trial of certain caufes
then and there depending, and figned by the fheriff, or his lawful deputy, under for-
feiture of pounds for every default." .
Sheriff's returns XVI. And be it further enabled, That the fheriff or his lawful deputy, for the time
howtobemade. . ,, , , - „ ,.-..„.,.
being, fhall make due return or all precepts and writs or venire facias, and m every
fuch return fhall fet forth the names of all fuch perfons as he fhall have fummoned
by virtue of fuch writs or precepts, and the time when they were fummoned, and
alfo the names of thofe perfons as he hath not fummoned purfuant to fuch precepts
or writs, together with the reafon why they were not fummoned, on pain of being
amerced, to the truth of which the fheriff, his deputies, or one of them, fhall make
oath, if required.
Clerk to enter XVII. And be it further enabled, That the clerk of the court fhal] make due entries
the appearance jn the minute book of the faid court, of the appearance of all jurors, and alfo fhall
-jurors. enter and record the names of thofe who fhall make default in appearing.
Defaulters of XVIII. And be it further enabled, That if any perfon, who fhall be drawn, empan-
petit juries to be nelled, fummoned, and returned, to ferve as a juror at any of the courts aforefaid,
good "caufe according to the direction of this acl:, fhall negledl or refufe to appear, or, if after
fhewn— thofe of appearance, fhall refufe to ferve, or fhall abfent himfelf without leave of the court,
grand, juries
£10. then, and in fuch cafe, it fhall and may be lawful for the chief juftice, or prefiding
judge, for the time being, to fine fuch perfon, not being a grand juror, in a fum
not exceeding five pounds, and if a grand juror, in a fum not exceeding ten pounds,
unlefs fuch juror making default, or refufing to ferve fhall fhew good and fufficient
caufe of excufe to be made on oath before the chief juftice or one of the affiftant juftices
of the county, within thirty davs after the court at which he was fummoned to appear.
XIX '
LAWS OF GEORGIA.
225
XIX. And be it further enabled, That if at any of the faid courts, a fufficient num-
ber of jurors fhall not appear of thofe who fhall have been duly fummoned, whether
grand jurors or others, it fhall and may be lawful for the chief juftice, or prefiding
judge, to order and direct the number deficient to be drawn by ballot out of the divi-
fion of the box where the names of fuch jurors are depofited, and, in cafe of chal-
lenge or non-appearance, to draw others out of the faid divifion, until the deficiency
be made up by perfons then refiding or being near where the court is held, who,
in cafe of abfenting themfelves or refufing to be fworn as jurors, fhall be fubject to
the like fine as is herein before inflicted on jurors for not appearing when lawfully
fummoned.
XX. And be further enabled, That from the jurors to be fummoned and returned
as aforefaid, for the trial of civil and criminal caufes in the feveral courts, a jury fhall
be ballotted and drawn for every caufe, in like manner as has hitherto been ufed and
accuftomed in the courts of law in this State.
XXI. And be it further enabled by the authority aforefaid, That at the feveral times
herein before appointed for ballotting jurors, the affiftant judge or juftices attending
the fame, fhall, from time to time caufe to be examined, torn, and deflroyed, the
rolls of paper that fhall be drawn, wherein are contained the names of any perfons
who fhall be dead or departed the county ; and alfo (hall, upon the annual returns to
be made as herein before is provided, caufe to be feledted all thofe names that have
not before been returned, and to be written in ballots as before directed, and put
into the box or cheft with the other jurors, agreeable to their refpedtive qualities :
Provided always. That the following perfons fhall not be liable to ferve upon any
jury directed by this act, to wit : Miniflers of the feveral churches or of any d'nTent-
ing congregations, members of the executive council, or houfe of affembly ; fworn
attornies, phyficians, furgeons, apothecaries, madmen, idiots, and fick perfons.
XXII. And be it further enabled by the authority aforefaid, That the clerks of the
refpective counties fhall, before they enter upon the execution of their office, take
an oath before the governor and council or fome perfon authorifed by them to ad-
minifter the fame, that they will well and truly demean themfelves in their faid
offices, and be accountable for all records and other papers that may come into their
hands in virtue thereof, without fraud, alteration, feduction, or embezzlement.
XXIII. And be it further enabled by the authority aforefaid, That all fines, penalties
and forfeitures, that fhall be impofed or recovered in any of the courts aforefaid,
fhall be paid into the treafury, and appropriated and applied towards paying the feve-
ral falaries granted to the officers of court, and in cafe they fhall be inl'ufficient for
that purpofe, then the public treafurer of this State is hereby directed, authorifed
and required, to pay the faid falaries annually, out of any monies lying in the trea-
fury ; and that no perfon be held to bail on any writ or procefs, without an affidavit
made before and attefted by fome judge or juftice of the peace, and endorfed on or
annexed to the writ, before the fervice thereof, of the fum he really believes to be
due; nor for any other caufe, without a judge or fenior juftice's order, on pro-
bable caufe of action fhewed, and to be endorfed on or annexed to the faid writ,
expreffing the fum for which fuch bail fhall be given.
F f XXII.
A. D. 1778.
No. 249.
Defecl of jurors
by challenge
andnon appear-
ance, how to
be fupplied.
Jury to be bal-
lotted and
drawn for every
caufe out of
thofe fummon-
ed and returned.
Affiftant judges
to examine and
correct the lifts
and rolls of ju-
ries.
Provifo.
Certain perfons
exempt from
ferving on ju-
ries.
Clerks to be
fworn.
Fines and for-
feitures how to
be applied.
Bail not to be
taken without
affidavit annex-
ed to the wrir,
or fpecial order
of a judge.
225
DIGEST OF THE
A. D. 1778.
No. 249.
Any one or
more juftkes
and clerk may
in certain cafes
adjourn the
court.
To be courts of
record.
Suitors and wit-
nelies attending
court, &c. free
from arreft in
civil cafes.
State's attorney
not attending
court, may ap-
point a fit per-
fon to act. for
him.
Superior court
to determine ail
matters in dif-
pute and caveats
concerning the
proving of vviils
and granting
''. ctters of.admi-
s-jiftratioru
Provifoi
Public aift.-r-f
Perfonsfuedfor
any thing done
under this adl,
and prevailing,
to recover doa-
ble coils.
XXIV. And' be it further enacted by the authority afire/aid, That in cafe by any una-
voidable accidents, the faid courts (hall fail to be held at the times refpectively ap-
pointed for holding the fame, the proceedings. fhall not be difcontinued, but that
any one or more of the juftices and the clerk of the' faid courts fhall and may adjourn
the faid courts from day to day, not exceeding four days, until the faid courts fhaii
meet j and in cafe the faid court fhall' not meet and fit in that time, the faid juftice
and clerk of the court as aforefaid, fhall adjourn the fame to the next court, to which
time all caufes then depending fhall be continued over.
XXV. And be k further en t Bed by the author hy aforefaid, That the faid feveral
courts fhall, be courts of record ; and all perfons neceffarily going to, attending, or
returning from the fame, fhall be free from arreft in any civil action.
XXVI. And whereas it may fo happen that the attorney general for the State, can-,
not attend at fome of the faid courts, to prepare or profecute indictments for cri-
minal offences, Be it therefore enacted by the authority aforefaid> That in cafe the at-.
torney general (hall not attend any of the faid courts, then any barrifter or attorney
at law, or other fit perfon, may prepare and profecute indictments by leave and ap-
pointment of the judges of the faid court, and be allowed the fame fees for his trou-
ble therein as the attorney general is entitled to.
XXVII. And whereas there are fome doubts refpecting the power of determining
contefled wills, and application for. granting letters of adminiftration ;.. Be it there-
fore enabled by the authority aforefaid^ That from and after the paffing of this act, the.
chief juftice and four affiflant judges, or a majority in each: county of them, named
in this act, fhall be and they are hereby appointed judges to determine in all matters
of difpute concerning the proving of wills and granting- letters of adminiftration ;
and, where any caveats have been heretofore entered and not determined, or fhall
hereafter be entered in the regifter of probat's office, the faid regifter fhall, within
four days after a written application made to him by either party, notify the fame in
writing to. the faid chief juftice or affiftant judges, and they or a majority of them,
are hereby directed and required, within ten days after fuch notification of the regif-
ter, to meet at the court houfe (or at the place appointed by the faid judges for the
fame) of the faid county, and proceed to hear and determine the faid caveats
according to law and equity; and the determination/of the faid judges- respectively,
or a majority of them fo met, fnall be binding and concluftve on all parties; Pro~-
i-'ded, That nothing in this claufe contained fhall extend to deprive either party, who
fhall be difiatisfied with any fuch determination, of bringing fuch caveat before the
fuperior court of the county wherein fuch caveat. fhall.; be triable, in the manner aa.
is directed by the conftitution.
XXVIII. And be it further enabled by the authority afortfaidiv That this-: fhall be
deemed a public act,, and may be given in evidence without fpecial pleading ; and if
any perfon fhall be fued for any thing done in purfuance hereof^ and judgment fhall
pafs for the defendant, either on verdict, non-fuit, or demurrer, or the plaintiff fhall ,
difecntinue his action, the defendant fhall recover double cofts.
XXIX.
LAWS OF GEORGIA. S27
XXIX. And be it further enabled by the authority afore/aid, That this aft flfeH con- A.D. 1778.
tinue and be in force for the term of three years, and from thence to the end of the No- a49-
then next feflions and no longer.* Continuation,
N, W. JONES, Speaker,
Savannah, March I-, 1788. |
* This z&. appears to have bees comprehended in the general terms of the revival a&s of 1781, No. 363,
and 1783, No. 279; and confidered in force until 1,789. It was then exprefsly repealed by aA of that year,
•No. 429. It was, however, materially altered by intermediate acts of 1782, No. 270, and of 1786, No. 344.
An Aft to prevent the dangerous confequences that may arife from the praftices of dif- No. 250.
affcfted and other fufpicious perfons within this State.
Temporary.
March 1, 1778.
An Acl for the better regulation of the militia, and for preventing the dangerous confe- No. 251.
quences arifing from an invafton.
Obfolete,
May 2, 1778.
Jin A Si for emitting thefum of one hundred and fifty thou/and pounds, No. 255.
■and for fuppor ting the credit of the fame, and other emiffions hereto-
fore made by monies arifing out of the fales of the forfeited efates ;
and for other purpofes therein mentioned,
I. II. III. I ^klRECTING the emiffion of the money, and providing for the fup-
jL^ port of the credit of the fame. — Obfolete.
IV. And whereas it is extremely neceflary that fome alterations and amendments
mould take place in an a£t, entitled " An a£r. for attainting certain perfons therein
mentioned, and confiscating their eftates real and perfonal, and for eftablifhing boards
of commiflioners for the fales of fuch eftates, and other pupofes therein mentioned,"
patied at the iaft feflkm of the afiembly, with refpecl: to the perfons appointed therein
to adr. as boards of commiflioners for the fale of the eftates forfeited, and confifcated
therein, and alfo the powers which the faid boards of commiflioners derived under
the aforefaid law ; to the end therefore that the fales of the faid eitates be carried into
more effectual execution for anfwering the great and falutary purpofes intended by this
law,and for obviating any doubts that may arife'refpecliing the fame, Be it further enatled Nomination of
by the authority aforefaid, That all and every nomination of perfons contained in the comrni^lor:ers
former aforei>ad law to a£l as boards of commiflioners for the fale of the faid a<a declared
forfeited eftates be void, and null ; and every power which the faid commiflioners powers Therein
derived under the faid law, is hereby declared null and void to all intents and pur- g^'en them re-
pofes; and the faid boards of commiflioners fhall deliver up and furrender the faid pea ec
• ' eftates
.228
DIGEST OF THE
A. D. 1778.
No. 35 a.
Sales of forfeit-
ed eftates to be
made by the
fheriff of Cha-
tham county,
under direction
of the general
affc-mby.
Claims to he
laid before the
afTembly, or fil-
ed in the fupe-
rior court.
Limitation
thereof repeal"
ed.
Truftees ap-
pointed for the
ruftody andma-
n:?gement of
forftitedeltates.
The feveral
boards of com-
miffioners to de-
liver up all e-
ftates, papers,
&c. in their
hands to the
truftees.
sheriffs to have
perfonal eftatcs
appraifed on
teath".
eftates both real and perfonal, and all manner of papers and other documents in their
hands refpecting the faid forfeited eftates into the care, cuftody, and management of
fuch perfons as are by this act appointed to receive the fame 5 and every part or parts
of the faid before recited act, as far as the fame relates to the faid commiffioners,
and the powers they were inverted with, are hereby accordingly repealed.
V. And be it further enaEled by the authority aforefaid, That the fales of the faid
forfeited eftates (hall be made by the fherifF, and fhall begin and commence on the
fifteenth day of October next, in the county of Chatham, between the hours of ten
and twelve in the forenoon, under the inspection and direction of the general aflem-
bly; and the faid fales fhall be continued or adjourned from time to time and from
place to place, according as the general affembly in its wifdom fhall then order and
direct.
VI. And be it further enaEled by the authority aforefaid> That every mode and method
directed by the faid recited act for carrying in claims before the boards of commdffi-
oners, fhall henceforth be purfued in the following manner, that is to fay ; that all
and every fuch claim may be lodged with the clerk of the general aflembly to be laid
before the houfe, or may be brought before the fuperior courts in the respective coun-
ties by petition or otherwife, at the option of the faid claimants, and fhall there be
tried as other caufes ufually are, by the constitution and laws of this State, and juf-
tice fhall be done according to the true intent and meaning of the faid act as aforefaid j
and the claufe in the faid recited act refpecting the limitation of claims is hereby re-
pealed.
VII. And be it further enaEled by the authority af or efaid^ Tnat the following perfons
fhall be truftees for taking into their cuftody and management the faid forfeited eftates,
Luke Mann, Thomas Maxwell, John Bohum Gerardeau, James Maxwell, Jofiah
Dupont, William Maxwell, and Charles Odingfell for the county of Chatham ; John
Adam Treutlen, Benjamin Lanier, Abraham Ravot and William Holzendorf, for the
county of Effingham ; Devereux Gerard,. James Brown, Richard Berkuloe, and John
Jones for the county of Burke ; William Glafcock, John Walton,. Seth John Cuth-
bert, and Robert Walton for the county of Richmond ; Richard Aycock, Solomon
Nufam, jun. and Daniel Celeman for the county of Wilkes j John Sandiford, Mofes
Way, Francis Brown, William Peacock, and Samuel Saltus for the counties of Li-
berty, Glynn, and Camden. And the boards of commiffioners (hall deliver up and
furrender into the hands of the truftees appointed by this act, all the faid forfeited
eftates, real and perfonal, and all and every the documents and papers refpecting the
fame. And the faid truftees appointed by this act fhall have power to place guards,
and do every other act which may tend to the better fecurity of the faid forfeited
eftates.
VIII. And be it further enaEled by the authority aforefaid^ That the fherifEs of the
refpective counties fhall caufe the feveral and refpective forfeited perfonal eftates
within their counties to be appraifed by three freeholders, on oath, within fix weeks
from the palling of this act, and make a return thereof into the fecretary's office of
this State*
IX.
LAWS OF GEORGIA. 229
IX. And be it further enabled by the authority aforefaid, That if any perfon or per- A. D. 1778.
fons mall felonioufly remove, or aid, abet, and afiift in felonioufly removing without ° Z5%'
the limits of this State, any part of the faid confifcated eftates ; every fuch perfon mc0veyany part
orperfons fo offending fhallbe deemed and adjudged felons^ and on conviction there
of fhall fuffer death. State.
JAMES WHITKFIELD, Speaker.
Augujla, May 4th, 1778.
of coiififcated e-
flates out of the
An Aft far raifing the fum of £12,000 for the ufe and fupport of the government of the No. 253.
State of Georgia, for the year 1778, to be raifed at certain rates and after the method
therein mentioned.
May 4th, 1778.
Obfolete.
An Acl to alter and amend a claufe or claufes of an acl-, entitled " An No- %^-
at! for attainting fuch perfons as are therein named of high treafon,
for confif eating their eftates, both real and perfonal to the ufe of this
State-, for eftablifhing boards of commtffioners for the fale of Juch
eftates-, and for other purpofes therein mentioned" and for the better
and more effeclual carrying the other purpofes of the faid acl into
execution.
WHEREAS in and by an act of this State, paiTed for attainting perfons Preamble
therein mentioned of high treafon, and for confifcating their eftates both
real and perfonal, to the ufe of this State, for eftablifhing boards of commiflioners
for the fale of fuch eftates, and for other purpofes therein mentioned. It is enacted
among other things, that every buyer of perfonal goods, and chattels, fo directed
to be fold, fhall pay one fourth part of the amount of every fueh purchafe fo made
by perfons within the description of the faid act, to the faid boards refpectively for
the ufe of the faid State, and fhall give good and fufneient fecurity, to- be approv-
ed1 of by the faid boards, refpectively, for payment of the remaining part of the
purchafe money, within three years after the day of fale with intereft for the fame
at the rate of eight per cent, per annum, to be paid in the following manner, that is
to fay : One third part of fuch remainder at the end of one year, one other third
part at the end of two years, and the remaining third part at the end of three years,
together with the whole of the intereft at the end of each year refpectively, to the
ufe of this State, payable to the governor of this State, for the time being ; And
•whereas, it is directed that the real eftates of fuch perfons as are mentioned in the
faid act of attainder and conhTcation fhall be difpofed of and fold at a credit of five
years, paying intereft for the fame at the rate of &$per. cent ^ per annum. And whereas-
the
230
DIGEST GF THE
A. D. 17 78.
No. 254.
En'iCced.
The manner
and ferms of
fale in the aft
of attainder and
confication re-
pealed.
Sheriffs of the
feveral counties
to fell perfonal
eflates, all un-
der ,£200 for
cafli-— above
that ium half
cafh and one
years credit for
the other half
on intereft.
Land fecurity
to be given — 4
fer cent, allow-
ed for further
prompt pay-
ment.
Sheriffs to fell
leal eflates—
owe fourth to be
paid at the fale,
the balance in
three equal pay-
ments yearly,
with 8 per cent.
intereft.
To t3ke mort-
gages and other
Security under
infpection of a
committee.
And to execute
titles to purcha-
sers.
the powers vefted m the faid feveral boards of commi{Fior>ers"appomted and conftitut-
ed in and by the faid in part recited aft, are repealed, and the faid boards respectively
abolifhed, and the powers and authorities given to the faid cornmiflioners, are, by
a fubfequent acl of this State, veiled in the legiflature of this State •, And whereas,
it is_deemed expedient for the advantage of this State, and the better to carry the
purpofes of the faid acl: of attainder into execution, that the terms prefcribed in the
faid in part recited aft, with regard as well to the fale of perfonal goods or chattels
as the real eflate thereby directed to be fold, fliould be changed ; Be it therefore
enabled, and it is hereby enabled by the reprefentatives of the freemen of. the State of Geor-
gia in general afembly met, and by the authority of the fame, That from and immedi-
ately after the paiTmg of this aft, the faid in part recited claufes of the faid aft of
attainder and confifcation, be and they are hereby repealed.; and that in lieu of the
terms mentioned in the faid claufes, the fherifFs of the feveral counties, for the time
being, are hereby directed to expofe to public fale to the higheit bidder, the perfon-
al goods and chattels of fuch perfons -mentioned in the faid aft. That all fums of
two hundred pounds and under be cafh $ all above two hundred pounds to be half
cafh ; the other half one year's credit with intereft from the delivery ; land fecurity
to be taken for all fold on credit .; and four per cent, to be allowed for prompt pay-
ment on the parts for credit, before the delivery of fuch goods and chattels.
II. And be it further enabled by the authority aforefaid, That the faid fherifFs be, and
they are hereby directed to fell and difpofe of the real eftate directed to be fold as
aforefaid, to the higheft bidder, the oae fourth part of the purchafe money to be paid
at the time of fuch fale, and the remainder in three equal payments, yearly, together
with intereft from the day of fale, at the rate of eight per cent, per annum, and the
faid fherifFs (under the infpeftion of a committee appointed by the houfe) are hereby
directed to demand, and take of fuch buyer of real eftate, fo fold as aforefaid, good
and fufficient fecurity by mortgage on the premifes, and other fecurity as may be
necefFary for the fafety of this State, for the faithful payment of fuch remainder of
purchafe money fo due and to be paid as directed by this aft.
III. And be it further enabled by the authority aforefaid, That the refpeftive fherifFs
in each county in the faid State, be, and they are hereby authorized and empowered
to make and execute title or titles to fuch perfon or perfons as may purchafe any
part or parts of the faid confifcated eftates, either real or perfonal, and that fuch
title or titles be, and they are hereby declared to be valid in law.
N. W. JGNES, Speaker.
Savannah, Oclober 30, 1 778.
.jj0. Cjj, An Acl for dividing the county of ' Ricbmwd into two battalion diflribls.
November 15, 1778.
ifcfotit*.
An
LAWS GF GEORGIA. 231
An Acl to compel non-ref dents to return 'within a certain time, or in A. D. 1778.
default thereof, that their ejiates be confifcated; an! for confifcating x °" *5
the ejiate of William Knox, Efquire, formerly provofi marfhal of the
then province, novo State of Georgia.
WHEREAS great indulgence hath already been granted to perfons refiding in Preamble.
the dominions of the king of Great Britain, holding property within this
State. And whereas it is neceflary that fuch perfons mould {hare with the good peo-
ple of this State, the expence and danger of defending the fame, Be it therefore enacted EmicTed,
by the reprcfentatives of the freemen of the State of Georgia, in general ajpmbly met, and *-"ates/.°,f Pe.r*
by the authority of the fame, That the eftates of all perfons above the age of twenty- Britifli domlni-
one years, refiding in the dominions of the king of Great Britain, fituate and being ^ confifcated
within this State,, who (hall not within twelve months next after the palling of this unlefs they
act, come within the fame, and take and fubfcribe the oaths of the State as directed state Tnd'^iib-
and required by the constitution and laws thereof, fhall be forfeited, confifcated, and fcribe to certain
fold to the ufe of the State, and the monies arifing therefrom applied to the like ufes months.
as the monies arifing from the fales of the eftates under the act of attainder and
eonfifcation : Provided that nothing in this act fhall be conflrued to extend to perfons
difabled by a former act of this houfe, entitled " An act for attainting certain per-
fons therein mentioned of high treafon, for confifcating their eftates both real and
perfonal, to the ufe of this State."
II. An d whereas William Knox hath, by a long train of inimical a£ts,. forfeited William Knox.
all and every degree of right to protection of property within this State, and hath
been very active in advifing and continuing the miferies and calamities with which
the good people of this State have been afflicted.
III. Be it further enacled by the authority afore faid^ That the eftate of the faid WiL- *iis eR-&te cof*
uicated sficl
liam Knox, both real and perfonal, be fold under the regulations of the act of attain- how to be fold.
der, and the monies arifing from- the fales be applied to the ufes directed by the faid
law.
N. W. JONES, Speaker:
Savannah, November 15, 17781.
An Acl: to revive and continue the fever al acls therein referred to. No. 257,
WHEREAS feveral ufeful and neceiTary laws of this State (then province) are
expired, and divers other good and wholefome laws will expire with this-
prefent feffion ; and to the end that difputes and difficulties may not arife touching
the prefent validity of the faid laws fo made and paffed as aforefaid within the faid
territory of Georgia,
I. Be it enacled by the reprefentatives of the freemen of this State in general affembly
met, and by the authority of the fame, That from and after the paffing of this act, all-
laws heretofore. made in the then province now State of Georgia, and have not been
repealed.
232
DIGEST OF THE
A. D. 1778.
No. 257.
Provincial laws,
and laws of En-
gland, as well
ilatute as com-
mon,heretofore
ufed in this
State, and not
repugnant ito
theconftitution,
&c. declared to
be in full force.
General act.
Continuation.
repealed, and ail the laws of England, as well flatute as common, and heretofore
ufed and adopted in the courts of law of the then province, now State of Georgia,
and which were ufed and of force at the time of the revolution, except part of an
act, entitled " An aft to regulate and extend the trade and commerce of this State,
and to eftablifh an infurance office for the encouragement thereof, and alfo to restrain
the felling of merchandize by public auction within the fame ;" fo far as the fame
refpects the fales of merchandizes by public auction, (hall be of full force, virtue, and
effect, to all intents and purpofes as were heretofore had, ufed, and revived, as the
law of this land, any law, ufage, cuftom, article, matter or thing, at prefent adopted
in a change of government, to the contrary in any wife notwithftanding, fo far as
the fame do not contradict, weaken, hurt, or interfere with the refolves and regula-
tions of the honorable the continental congrefs, or of any refolve or regulation of
this or any former affembly, congrefs, or convention, held in and for this State, and
in particular the conftitution of the fame made and agreed to by the reprefentatives
of the people in convention affembled, and ordered to be the rule and government of
this State, and the fame mail extend to, and be in as full force, power and effect,
and in as full and ample a manner as the fame were formerly of force in this State,
(then province) as if the faid territory were an independent State, at the time of
making and paffing fuch laws.
II. And be it enaHed, That this act fhall be a general act, and fhall be taken notice
thereof as fuch by all judges and other officers of juftice or government within this
State, without the fame being fpecially pleaded.
III. And be it farther enabled. That this act fhall be and continue, and be in full
force until the firfl Tuefday in January, in the year of our Lord, one thoufand
feven hundred and feventy-ninej and from thence to the end of the next feffion of
affembly.*
N. W. JONES, Speaker.
Savannahy November 1 5, 1778.
* See acts of 1.781, No. 263—1783, No. 279— and 1784, No. 287.
No. 258.
No. 259.
Preamble,
An AEl for the better ordering and regulating the militia of this State.
November 15, 1 778.
Olfoletc.
An Ad for the more fpeedy and effectual fettling and Jlrengthening
this State.
WHEREAS in any fituation, but mod efpecially in the prefent, when the
counties and towns upon the fea-board are in the hands of the enemy, it is
highly neceffary that fome place fhould be eftablifhed for the feat of government, and
the tranfactions of bufinefs in public offices ; and alfo for the granting of lands, as
well
LAWS OF GEORGIA, 233
well to thofe citizens who have loft poffeffion of their lands in the faid counties and A. D. 178c.
towns as others who may be induced to come into and fettle the rich lands of this °' %s9'
State ; Be it therefore enabled by the freemen of this State in general ajfembly met, and it is The town oiAk-
hereby accordingly enabled, That from and after the day of the paffmg this act, the town gufta declared
of Augufta in the county of Richmond,, (hall beeonftdered as the feat of government government un-
until directed otherwife by fome future meeting of the leeiflature, and to which all Eil °th^wit ?'"
° ° 1 reeled by the le-
i-ecords and other public papers fhall be brought as foon as may be, and the refpect- gifiature.
ive offices- opened : Provided that in cafe the faid town of Augufta fhould at any time, Provifo.
in the recefs of the legiflature be approached or inverted, fo as the fame fhall appear
untenable, then his honor the governor and executive council, for the time being,
fhall remove to fuch place, as the common fafety fhall make neceffary, which fhall be
confidered as the feat of government until the recovery of the faid town of Augufta.
II. And whereas the lots in the faid town of Augufta have been monopolized by a
few perfons, which moft evidently has prevented the full fettlement of the fame,,
contrary to the original intention, and the terms of the royal grants thereof : Be it
therefore further enatled by the authority afore/aid, That the proprietor of every lot who Lot holders to
{hall not build thereon as is herein after mentioned, within two years from the patTine °uM thcreon in
* J co two years, or
of this act fhall forfeit the fame to the ufe of this State, to be fold to the higheft bid- forfeit the fame,
der, who fhall engage and give fatisfactory fecurity to build thereon.
III. And whereas the vacant land above and below the faid town of Augufta, ly-
ing on Savannah river on the north, and joining the common in a line with the fsuth'
ftreet of the town running parallel with the river, and joining land of M'Cartan Camp-
bell on the weft, and Andrew M'Lean on the eaft, ought to be laid out in lots, and Thevacant larrd'
fold for the ufe of this State, in order to enlarge the limits- of the faid town, Be it adJoiJli"gab°vc
7 ° , ■ ' an" below add--
therefore enabled by the authority ofthejame, That five commiffioners be appointed by this ed to the town,
houfe, and the faid commiffioners fo appointed or any three of them aTe hereby em- commiffiontrs
powered to lay out the faid vacant land,, in lots of one acre each ; andalfo to lay out to be appointed,
proper ftreets and to arrange them with the others in the faid town of Augufta, and' byoff^hefame".
the whole fhall be included and called Augufta: And be it enabled by the authority And caufe them
aforefaidf That the faid commiffioners, or any three of them fhall eaufe the faid lots l°v\\t I^aT,.
to be fold at public vendue in Augufta, by the fheriff of the county, giving one month's by the fheriff ;;
notice after the fame fhall be laid out as aforefaid, receiving one half of the purchafe paTddown" the
money down, and taking bond with approved fecurity for the payment of the other otiitr in twelve
half within twelve months after every fuchfale •,* Provided that no one perfon fhall provifo
be allowed to hold more than one lot) in his own right* within the term of five years
next enfuing or any other perfon for him.
IV. And be it further enabled by the- authority aforefaid. That his honor the governor The governor
in? council, be and he is hsreby empowered to fign grants for the fame to the refpeel- for the" 1 of" "h*
ive purchafers,. each firft giving approved fecurity to fettle and; build upon the fame as purthafers giv-
is. herein, after dire&ed^ b"Jld e0™hem!
V. And whereas the ftreets in. the town of Augufta, as well as the road on either
fide up to Rae's creek, and down to the fand-bar are not regular or ftraight, Beit
G g therefore
* The terms of this fale p.ot having, been complied with, the lots are directed to be re -fold by, acl of 1783,,
No. 382, fed. 1.
234
DIGEST OF THE
A.D. 1780.
No. 259.
The commiffi-
onerstoftraight-
en the ftreets
above and be-
low the town.
And to have a
court houfe and
gaol built ou one
of the public lots
in Droad-ltreet.
The dimenfion
and kind of
holies to be
built, under the
direction of the
commiflioners.
The ether pub-
lic lot in Broad-
it. refervcd for
public fchools.
Two lots for
houfes of public
worfliip to be
referved by the
commifiioners.
Monies arifing
from fales of
lots to be paid
inio the trea-
iury .
The lands in
Wilkes county
and elfewhere
to be granted —
250 acres to the
head of a family
and 50 acres for
every other,
whether white
or black.
JProvifo.
He muft firft
bring his family
into the State,
fubferihe .the
path of govern-
ment and give
Security to fettle
the fame in nine
months.
therefore enabled by the authority afore/aid \ That the faid commifTioners, or any three of
them be empowered, and are directed to lay out, meafure, and poll: the fame in the
beft and mod regular way.
VI. And whereas the remote fituation of Brownfborough, renders it a very unfafe
place for a gaol and court houfe, Be it therefore enabled by the authority afore/aid, That
a court houfe and gaol for the county of Richmond be built in the town of Augufta,
on one of the public lots in Broad-ftreet under the directions of the faid commifTioners
or any three of them, and that all malefactors mall be there confined, and tried, and
fuitsatlaw heard and determined during the prefent war.
VII. And be it further enabled by the authority aforefaid, That no perfon, proprietor
of any lot in Augufta, or any perfon for him fhall be allowed to erect any dwelling-
houfe upon any of the faid lots, under the dimenfions of twenty by fixteen feet, and
if the fame fhall be in wood it fhall be framed and built in a workmanlike manner,
and fhall be placed in fuch part of the lot as fhall be pointed out and directed by the
faid eommiffionerSj or any three of them, to the end that the faid town maybe regu-
larly built.
VIII. *And be it enabled by the authority aforefaid, That the Other lot in Broad-ftreet
be referved for houfes of public feminaries and fchools.
IX. And be it further enabled by the authority aforefaid, That the faid commifTioners,
or any three of them, fhall referve two of the beft lots in the centre line of the laid
town, and diftant from each other for houfes of public worfhip : And alfo that the
faid commifTioners or any three of them do lay out two acres of ground in the com-
mon fouth of the faid town, for public cemeteries, each oppofite the refpective lots,
and to caufe the fame to be cleared and fenced in, and hereafter no corpfe fhall be
interred in the town.
X. And be it further enabled by the authority aforefaid, That the moniesf arifing
from the fales of the faid lots fhall be depofited in the public treafury for the fupport '
of the expences of the State.
XL And whereas the rich and healthy lands in Wilkes county and elfewhere, in
this State, remain unfettled, to the great detriment of the commerce and ftrength of
the fame, while many of the citizens of this State are fullering by their lands being in
the hands of the enemy, and others being willing to fettle and defend the fame, as
heretofore mentioned, Be it therefore enacted by the authority aforefaid, and it is hereby
enacted^ That every citizen of this State, as well as any citizens of any other State,
fhall be entitled to a grant of land in the following manner, viz. ±two hundred acres
of land for the head of a family, and fifty acres for each member of the fame, whether
white or black, to be laid out any where in this State,, not in the pofieffion of the
Indians, Provided that every fuch perfon, before he {hall obtain fuch grant, fhall
bring the whole of his family into the State, and himfelf take and fubferibe the oath
of government •: And provided alfo, That he fhall give fecurity to his honor the gover-
nor and council for fettling .the fame, within nine months next hereafter,
XII,
* See acT; of 1783, No. 282, fec-t, refpecltng lots to be referved for public afes.
f Vefted in truftees by act of 1783, No. %o2t fed. 4.
| Altered by act of 1783, No. 273, fe.it. J.
L A W.S r. .OF GEORGIA.
235
XII. And be it further enacledby the authority aforefnd, That where it fhalT .appear
the commi (Boners under the former government fold" and made allotments to any per-
fon who have fettled and. full poffefs the fame* fuch pencils ,fhall have grants in pre-
ference* to. any other perfons wha.tfoever. [ •-
en of the former government having fettled, and ft] 1] pcfftfs the fame to have a right of preference •
XIII. And to the end, That every encouragement may be given to induce men to~
come from other States to fettle lands in "Wilkes county : Be it enacted by the authority
afore/aid, That every perfon fo coming from another State and fettling in Wilkes
county, under this act, fhall not be compelled to ferve in the militia in any other
way or place, but in defending the fame during the term of two years.
XIV*. -And whereas it is effentially neceffary for the convenience of fuitors and mi-
niflers of public juftice,. that the building a fmal'l town at the place appointed for hold-
ing courts in the county of Wilkes, mould be encouraged, Be it therefore enaBed by
the authority aforefaid> That five commiffioners be appointed by this houfe, and the
faid commiffioners fo to be appointed, or any three of them be empov/ered to lay out
one hundred acres of the land circumjacent the faid place, into a town and common,
and that the fame be fold and granted in the manner pointed out in this act, refpect-
ing the lots in Augufta, and the monies arifing from fuch fales appropriated to the
like ufes.
XV. And whereas many tracts and parcels of land have been laid out and furveyed
by perfons who have been long out, and yet are abfent from this State, Be it therefore
enacted by the authority aforefaid, That his honor the governor, be empowered to iffue
a proclamation, admonifhing every fuch perfon to come in and fettle the lands fo laid
out and furveyed, within threef months next after the date of fuch proclamation;
otherwife all fuch lands fhall be deemed vacant.
XVI. And be it further enabled by the authority aforefaid. That the following fhall be
the form of all grants of land within this State.
% By the authority of the legifaiure of the State of Georgia.
I, A. B. governor and commander in chief of the faid State, by and with the ad-
vice of the executive council of the fame, now prefent, do give and grant to- C. D.
all that &c. to have and to hold the, faid tract of land with all the premifes and ap-
purtenances, to him the faid C. D. his heirs and affigns for ever in fee fimple. —
Given under my hand, and the great feal of the faid State, this day
of in the year of our Lord, one thoufand feven hundred &c.
By his honor, &c.
XVII. And whereas it will tend greatly to the intereft and ftrength of the State to
eftablifh manufactories of iron ; to the end therefore of encouraging able and proper
perfons to undertake the fame, Be it enabled by the authority aforefaid, That any per-
fon or perfons who will give approved fecurity to his honor the governor and council,
for erecting proper and effectual works for that purpofe fhall be entitled to a grant of
two thoufand acres for a forge, and two thoufand acres for a blomary, and two thou-
fand acres for a furnace. XVIII.
* See act of 1783, No. 273, fei~t. 10, further extending the right of preference.
f Extended 12 months by aft of 1783, No. 283, feet. 4.
\ The form of grants altered by ads of 1783, No. 273, feci. 12,
A. D. if 80.
No. 259.
Perfons having-
allotments1 un-
der coBn'mifliori-
Thpfe fettling'
If) Wilkes coun-
ty how far ex-
empt from.mi-
'litia duty.
A toivn . to lie
built in Wilkes
county, five
commiffioners
directed to lay
out the fame, to
be fold arid
granted in like
manner as the
lots in Augufta,
Governor to ifl'uc
a proclamation ad -
monilhing abfen-
tcesto return with-
in three months,
and fettle lands-
formerly furveye.l
fiirthem .otlierwi lie'
fuch lands to Ce
deemed vacant.
The i
grants.
of
Iron Works—
perfons giving
fecurity to the
governor to e-
rect them, enti-
tled to a grant
of 2,000 acres.
a 3 6
DIGEST OF THE
A. D. 1 780.
So. 25 1).
Loft warrants
and'platshowto
be eftablifhed.
Surveys &r. on
lands within the
limits of the In-
dians declaredto
benull andvoid.
Governor in
council to fign
and pafs grants
for former allot-
ments, &c. to
all perfons ap-
plying in terms
of this ad and
t'le land ad.
Proclamation to
beiflued defend-
ing the land to
be granted and
i.nvitingfettlers.
Claims of cer-
tain Indian tra-
ders of this and
the State of
South Carolina
relative to lands
of Wilkes coun-
ty to be exam-
ined by the af-
fembly,and how
paid if allowed.
Commiffioners
named for the
town of Auguf-
ta.
Ajid for the
town of Wafh-
ington in
Wilkes.
XVIII. And whereas it may fo be that a number of warrants, and returns of plots
may be loft in our late confufed (Late ; for remedy thereof, Be it entitled by the autho*
rity aforefaid, That v/here it (hall appear upon oath that any fuch paper or description
of land may have been loft, that grants mail pafs for the fame notwithstanding, free of
new expence.
XIX. And be it further enabled by the authority aforefaid) That no warrant, Survey,
or plot, made or laid out in the lands yet within the lines of the Indians, fhall be
held valid, and the fame is hereby declared null and void,* to all intents and pur-
pofes whatever, nor (hall any grant, which may hereafter be furreptitioufly obtained,
be deemed legal or of any effect,
XX. And whereas no grants have yet been figned and pafled for many allotments,
warrants and returns of land, Be it therefore enabled by the authority aforefaid, That his
honor the governor in council, be empowered to fign, Seal, and pafs grants for the
fame as foon as poffible j and to all other perfons who (hall apply for lands in the
terms of this act, and of the before mentioned act, called the land act,
XXI. And be it enabled further by the authority aforefaid, That his honor the governor,
by and with the advice of the executive council, be empowered to iffue a proclamat-
ion, pointing out the Situation, richnefs, and convenience of the lands within this
State, and inviting them to come and fettle the fame, upon the terms and conditions
herein before mentioned. And that he be alfo empowered in like manner to fend
one or more fit perfons into other States upon the public expences, the better to carry
the intentions of this act: into execution.
XXII. Whereas certain perfons, citizens of this and the State of South Carolina,
and friends to the independency of the fame, claim that the lands in the county of
Wilkes were originally given up and ceded to the government of Great Britain by the
Creek and Cherokee Indians, in Satisfaction and difcharge of certain debts and arrears
due by the faid Indians, to the faid certain perSons, commonly called Indian Traders,
Be it therefore enabled, That any perSon having or pretending to have any claim, do
lay their claims and accounts before this or Some future houfe of affembly, to be ex-
amined, and whatever claims Shall be found juft and proper, and due to the friends
of America, Shall be paid by treaSury certificates, for the amount payable in two,
three, and four years, and carrying fix per cent, intereft.
XXIII. And be it further enabled by the authority af or faid, That William GlaScock,
George Walton, Daniel M'Murphy, John Twiggs, and George Wells, ESquires,
or any three oi them be a board oS commissioners for acting under this act, refpedting
the town of Augufta;'f and William Downes, Barnard Heard, John Gorham, Daniel
Coleman, and John Dooly, Efquires, or any three of them be a board of commiflion-
ers for acting under this act, reflecting the town at the court houfe in Wilkes county,
which Shall be called Washington. §
XXIV.
* Penalty impofed by a dr. of 1783, No. 273, fed. 9.
I Commiffioners again appointed by ad of 1783, No. Z%2, fed. I
§ And alfo for Washington, fed. p.
LAWS OF GEORGIA. 23*7
XXIV. And be it further enabled by the authority afore/aid, That this fhall be deemed A. D. 1780.
a public a£l, and fhall be given at any time fpeeially in evidence. No- a-c0*
WILLIAM GLASCOCK, Speaker. P"M"a<*-
January 23, 1780,
#
* The original act is without date as to the year, butty act of 1783, No. 282, fe<$t. I, it appear* to have
been paffed in 178P.
A. D. 1781.
An Ac~l declaring certain perfons ivho are therein defcribedy citizens No, 260.
of this State, and for burying in oblivion certain high crimes and
mifdemeanors,
WHEREAS numbers of -perfons did, on or about the time of the Britifh Preamble,
troops taking poffeffion of the back parts of this State receive and take the
Britifh protection or oath contrary to their allegiance to this State : And whereas the faid
feveral perfons have fince that period (convinced of the illegality of fuch their proceed-
ings and mifdemeanors) ffiewn their attachment and loyalty to the United States by
rifking their perfons and engagements, and teflifying it by various other actions.
I. This feci:, excluding certain perfons from the right of citizenfhip repealed by
.act of 1782, No. 266.
II. And be it further enabled by the authority aforejaidy That all perfons having taken
protection as aforefaid, and have joined the army of this or the United States on or Certain perfons
before the fifth day of Tune laft paft, fhall be looked upon as citizens, and entitled ex«pted, &c.
. ] J. . r » ■ • - r 1 _ wh0 have not
to all the liberties and privileges of a free people, except thofe who have been guilty murdered,plun~
of murder or plundering, or diftreffing the peaceable inhabitants of this or any other dered> &£«
State.
III. And it is hereby further enacted by the authority aforefaid, That all perfons who
fhall come in and join any regiment in this State, on or before the firft day of Octo- °n what terms
bcr next not guilty of any of the offences above defcribed, and fhall give fecurity to turn.
ftand his trial for any crime that may be brought againft him, that then and in that
cafe the perfon fhall be fuffered to remain until the determination of the court as
aforefaid, and if no crimes can be proved againft him, they are hereby entitled to
all the liberties of a free citizen, and fhall take and fubfcribe the following oath
before the commanding officer of the diftfict: to which fuch perfon may refide or To take and
belong, viz. tf I, A. B. do folemnly fwear or affirm, without any equivocation or 0" ^ l
refervation of mind, that I do in truth and fmcerity cheerfully and defiroufly re- The form therc-
nounce and abjure the king of Great Britain, his heirs and fucceffors, and alfo the
crown thereof, for ever: And I do further folemnly fwear (or affirm) that I will
bear true allegiance to the State of Georgia, and do. every thing in my power to
fupport the independence of the fame agreeable to the declaration paffed in Congrefs
on the fourth day of July, one thoufand feven hundred and feventy-fix : And alfo
that all treafons, combinations, and confederacies, or any movements ^of the Britifh
troops, their emiffaries or fpies, againft if which fhall come to my knowledge, I
will
of.
238 DIGEST OF THE
A. D. 17S1. will immediately make known to the officer commanding the cliurict I belong to, or
No. 360. the neareft jullice of the peace. So help me God."
Certain inter- J.V* And.be it further enacted, That if any perfon or perfons herein before men-
mi enemies to tioned who have heretofore taken the faid protection or oath {hall hereafter take or
iufler death or . • . x p . . c <• * t>
banithment. receive either of them as a Bntilh fubject, or {hall fpeak in favor of the Brinfh king
or his vaflals, or {hall take up arms in aid thereof, or {hall fpeak againft the legality
of congrefs, or the independence of this or the United States, or refute to take up
arms againft the enemies thereof when required, in either cafe lhall fufFer death or
banifhment at the option of the jury.
Public ad. V. And be it further enac7edx That this act fhall be looked on as a- public act, and
be given as fuch in evidence.
Continuation, VI. And be it further enacted. That this act fhall be and continue in force for and
during the fpace of three years, and from thence to the end of the next feflion of
the general afTembly, and no longer.
JOHN JONES, Speaker.
Savannah 3 Augujl 20, 1 78 1.
No. 261. An Acl to amend the federal acl s for the better regulation of the
militia of this State.
VIII. A ND whereas numbers of perfons are daily abfenting themfelves and leav-
j\n ing their fellow citizens to encounter the difficulties of the prefent
Soldiers faith- crifis, Be it enacted by the authority aforefaid, That any perfon or perfons who lhall
SJftStffita produce a certificate from the commanding officer of the diftrift to which he be-
bounty of 250 longs, to the legiflature of this State (on the total expulfion of the enemy from it)
exempdroriTax of his having ftedfaftly done his duty from the time of paffing of this aft, mall be
for ten years. entitled* to two hundred and fifty acresf of good land (which fhall be exempt from
taxes for the fpace of ten years thereafter ;) Provided fuch perfon or perfons cannot
be convicted of plundering or diftrefiing the country.
All the rejl obfolete.
JOHN JONES, Speaker.
Savannah, Auguf 20, 178 1.
* Grants directed to be ifiued to officers, foldiers, &c. by acT; of 1783, No. 273, feci. 2.
f See aft of 1784, No. 289, fedt. 11 and 15, appropriating land for payment of bounties with additional
allowance in lieu of exemption from tax.
No. 26a. -An Acl for the prevention of internal con/piracies, and for the empowering certain com-'
mittees therein mentioned^ to examine into the condutl of certain fufpicious perfons.
Temporary.
Augufl 2l? 1 781.
An
LAWS OF GEORGIA.
239
be in force and
further conti-
nued.
An Acl to continue the fever al acls heretofore made in the then pro- A. D. 1781.
vince of Georgia-, and alfo all acls made and pajfed by the feveral
conventions, congreffes, and houfes of affembly of the State of
Georgia*
WHEREAS feveral laws are already expired and others near expiring, Be it Certain provin-
enabled by the reprefentatives of the freemen of the State of Georgia in general 5:ial an(* Statc
• • r 1 »»t * • e+ i *• , . _ _ laiVS QCClalCU TO
affembly met, and it ts heredy enabled by the authority of the fame. That the feveral laws
heretofore made in the then province of Georgia, and alfo all laws made and paffed
by the feveral conventions, eongreffes, and houfes of affembly of the State of
Georgia, (and not repealed by this or any former houfe) except thofe which are repug-
nant to the conflitution of the faid State fhall be in full force and effect as if the fame
had not expired, any law, ufage, or cuftom to the contrary in any wife notwith-
standing.
II. And be it enabled by the authority aforefaid, That this act fhall be and continue Continuation.
in force for the term of one whole year, and from thence to the end of the next
feffion of the general affembly, and no longer.*
JOHN JONES, Speaker.
Savannah, Augufl i\, 1781.
* Seerevwal a<5l of 1783, No. 279.
0'
An Acl to repeal an acl, entitled " An Acl to draiv a line or lines
betiveen the good citizens of this State and the enemies thereof and
to prevent plundering and deteclfpies vuithin the fame"*
WHEREAS it hath been found upon trial that the faid acl: hath not anfwered
the purpofes for which the fame was intended, but on the contrary hath
been attended with many abufes ; in order therefore to remedy the fame and preferve
the property for the ufe of this State, to defray the neceffary expences of government
which have already accrued and will accrue, Be it enabled, and it is hereby enabled by
the reprefentatives of the freemen of the State of Georgia in general affembly met, and by
the authority of the fame, That the faid a£t paffed on the twenty-ninth day of January,
one
* The original aft referred to, cannot be found. The refolution mentioned and repealed by thisadc, is
therefore inferted, as the bed evidence in our power, of the line in queftion :
" Wednesday, zzJ Augufl, 1781,
" BefiheJ, That all property taken in action fhall be fold for the benefit of the captors, except fuch as may
belong to the friendly citizens of this or any other State, or the fequeflered property.
" Ani it is further nfohfd, That they fhall be allowed a falvage of one third on all property taken from per-
fons living on the other fide of the line, from Hudfon's ferry on Savannah river, to the mouth of Little 0<*e-
ihee, from thence to Beard's bluff on the Alatamaha, and from thence to the Cowfard on Saint Mary's river,
(except the property of citizens as aforefaid) though not immediately taken in action, unlefsfuch property fhall
betaken alter our fixing polls or taking poflefGon of the pofes below, Provided the fame be condemned agree -•
able to the conflitution of this State, And provided nlfi, on evidence to the court, it fhall appear that the
■ party was commanded by an officer, gud ordered out by the commanding officer of the regiment to whom
they belong.'' Eytracl from the journal.
A.D. 17S2.
No. 264.
A<£1 drawing a
line between the
good citizens of
the State and
enemies thereof
dated 29th Ja-
nuary, 1780,
Repealed.
24a DIGEST OF THE
A> D. 1782. one thoufand feven hundred and eighty, and alfo a refolution of the houfe of- aflem-
No. 264. bly, dated the twenty-fecond day of Auguft, one thoufand feven hundred and- eighty-
one, and every part of the fame fhall be and they are hereby repealed, and of no force
or effect whatever, any matter or thing contained' in the feme, to the contrary not-
withftanding.
WILLIAM GIBBONS, Speaker.
Savannah, January 9, 1782.
No. 265. An Acl for the conff eating the ejiates of certain perfons therein defcrib-
ed, and for the providing funds for defraying the contingent expence
of this State.
W
HERE AS it is abfolutely neceffary a fund fhould be raifed for the defraying
the contingent and neceffary expences of the State, which muft and will *
accrue.
And whereas numbers of difafFe&ed perfons have deferted the grand caufe of
America and have joined the troops and forces of the Britifh tyrant contrary to the
allegiance they owed the United States, many of whom have left large eftates-
which reafon and policy dictate fhould be applied to the ufes of government.
Confifcation of I. Be it enaEted by the representatives of the freemen of the State of Georgia in gene-
e tates o a ra[ ajpemHy mety and it is hereby enaSted by the authority of the fame, That from and"
have been with- immediately after the paffing this a£t, the eftates and poffeffions of what and every
lines "as their natur-e foever within this State of all and every perfon and perfons who fhall now be
iuhje<5b,andnot or may have been within the Britifh lines as Britifh fubjects, and who are not includ-
cWed. C e^ *n tne ac^ °f confifcation paffed on the firft day of March in the year of our
Lord one thoufand feven hundred and feventy-eight, or in the act for burying in obli-
vion certain high crimes and mifdemeanors, paffed the twentieth day of Auguft,.
one thoufand feven hundred and eighty-one, or in the amendment thereto paffed
this prefent feffion, or who are not at this time looked on and refpected as citizens
of this State fhall be and they are hereby confiscated to and for the ufe of the fame.
Certificates to IL And be it further enaBed by the authority aforefaid, That irr order to defray the
beiffuedoncre- expence 0f government as aforefaid, there fhall be certificates iffued on the credit
du of fuch el- r # ° '
tates to amount of the faid eftates to the amount 'of twenty-two thoufand one hundred pounds fpecie,
of £22,100 wbich faid certificates fhall be drawn in manner following, viz :
fpecie. . . .
Form thereof. This certificate for the fum of — — — — fhall be received in payment at the fales
'onnfJaTed^e^ °l tne confifcated eftates as fpecie.
ftates. HI. And whereas a great demand will be in the quarter matter's and commifTary's
and'eommiffa- department, Be it enaBed by the authority aforefaid, That the heads of the faid depart-
riestoiffuetem- ments on making contracts for provisions or other necefTaries for the armies or other
cat"* to betaken ufes of this State, or in fettling thofe already made, fhall give the perfon or perfons.
up by the a-fore- fo contracting, or who may have contracted as aforefaid, temporary certificates,
who are hereby required within one month thereafter to produce the fame to his
honor
LAWS OF GEORGIA.
241
honor the governor for the time being, who, on examining and confirming the fame
is hereby empowered to iflue certificates as aforefaid in favor of the perfon or perfons
fo producing the faid temporary certificates for the amount of the fame, fo as the
whole certificates iffued for the faid departments do not exceed the fum of three
thoufand pounds fpecie; and the faid quarter matters and commiffaries are further
required to deliver in monthly returns to his honor the governor, fairly dated, of
all fuch contrails by them made as aforefaid- within the fame, which faid returns
ftiall be regiftered and filed in the fecretary's office.
IV. And be it further enatled, That his honor the governor, for the time being, be
empowered to draw certificates as aforefaid, to the amount of five hundred pounds
fpecie to defray fuch neceffary fervices as may be deemed expedient by him and the
honorable the executive council.
V. And be it further entitled, That his honor the governor as commander in chief
of the militia, be empowered to draw a further fum of one hundred pounds fpecie
for fecret fervice.
VI. And be it further enacted, That his honor the governor be empowered to
draw certificates for the further amount of five hundred pounds fpecie for defraying
the neceffary expence in equipping the men and providing horfes for the troop to be
kept up in the State legion for the defence of this State.
VII. And be it further enabled, That his honor the governor for the time being be
further empowered to iflue certificates as aforefaid for the further amount of fifteen
thoufand pounds fpecie to pay off the arrears of. the militia of this State •, and in or-
der that juftice be effectually adminiftered in the faid payments, the captains of the
companies of the refpeclive regiments fhall make out on oath, pay-rolls, with every
man's name fairly and clearly ftated, with the time they were actually in the field,,
which filid pay-rolls fliallbe certified by the commanding officers of the refpeclive re-
giments as aforefaid, who are hereby required flrictly to examine the fame, that the
faid certificates for the fervice aforefaid, fhall be iffued in the names of the feveral per-
fons who have done the duty feparatcly.
VIII. And be it further enacted. That his honor the governor be empowered to iffue
certificates for the further amount of two thoufand five hundred pounds fpecie if ne-
ceffary to defray the expences of the civil lift.
IX. And be it further enacted, That his honor the governor be further empowered to
ifTue certificates for the amount of five hundred pounds fpecie for the paying off the
officers and privates reduced of the legion dragoons agreeable to the time they have
ferved.
X. And be it further enabled, That the faid certificates fhall be iffued in payment
and contracts on account of the State at the rate articles fold for during the years one
thoufand feven hundred and feventy-four, and one thoufand feven hundred and feven-
ty five, except corn which fhall not exceed two {hillings and fix-pence per bufhel.
XI. And be it further enabled, That unlefs the faid certificates fhall be redeemed by
the firft day of November next, the faid eftates, or fuch part thereof as will redeem
the fame fhall be fold at public outcry to the higheft bidder, at which fales the faid
certificates {hall be received as fpecie as aforefaid.
H h XIX,
A. D. 1782.
No. 265.
Governor to
draw 500I. for
contingent de-
fences.
£100 for fecret
fervice.
£500 for equip-
ping the State
legion-
The further fum
of £15,000 to
pay off arrears
of militia.
Pay-rolls, how-
to be made out
and iigned.
Certificates to
he iffued fepa-
ratcly in the
name of perfons
who have dons
duty.
£z$oo for civil
lift expences.
And the further
fum of £500 for
certain officers
and privates of
the aforefaid le-
gion.
The prices of
articles &c. in
1774 and 5, ta
regulate the if-
fuing of certifi-
cates. Corn not
to exceed 2/$
per bufhel.
The certificates
how to be re-
de eiped.
2^2
DIGEST OF THE
A. D. 1782. XII. And be it further enabled, That this aft (hall be confidered as a public aft,
Public 1st' anc* §>iven as fucn *** evidence.
WILLIAM GIBBONS, Speaker.
Savannah, January 11, 1782.
So much of the
aA of 20th Aug,
No. 266. An Ac~l to amend an acl declaring certain perfons therein defer ibed citi-
zens of this State, and for burying in oblivion certain high crimes
and mifdemeanors.
HERE AS the faid aft pafTed on the twentieth day of Auguft laft, hath been
found inadequate to the purpofes intended, Be it enabled by the reprefenta-
laft as refpcifts fives of the freemen of the State of Georgia in general affembiy met, and by the authority
officers, repeal- 0f the fame. That the firfl claufe in the faid aft, which refpefts officers fhall be and
the fame is hereby repealed and of no force or effeft whatever, any matter or thing
contained in the fame to the contrary notwithstanding.
II. And be it further enacted by the authority aforefaid, That this aft fhall be deemed
a public aft, and given as fuch in evidence.
WILLIAM GIBBONS, Speaker.
Augufa, January 12, 1782.
Public ac"t.
No. 267.
Preamble.
Confifcation
An AB for inflicling penalties on, and conff eating the eflates of fuch
perfons as are therein declared guilty of treafon, and for other pur-
pofes therein mentioned.
T"HEREAS, on the firfl day of March, which was in the year of our Lordy
y one thoufand feven hundred and feventy-eight, an aft was paffed for at-
tainting certain perfons therein mentioned of trealon, and confiscating their eflates
for the ufe and benefit of this State, which aft has not yet been carried into full
execution : And ivhereas it is neceflary that the names of the faid perfons fo attainted
further extend- by the faid law, fhould be inferted in a law, with the names of various other perfons
who have fince the aforefaid time been guilty of treafon againft this State, and the
authority of the fame, by traiteroufly r.dhering to the ting .of Great Britain, and by
aiding, aflifting, abetting, and comforting, the generals and other officers, civil and
military, of the faid king, to enforce his authority, in and over this State, and the
good people of the -fame; And ivhereas the faid treafons have been followed with a
feries of murders, rapine, and devaflation, as cruel as they were unneceffary,
whereby order and juflice were banifhed the land, and lawlefs power eftablifhed on
high, exhibited the melancholy pifture of Indians infhfting dreadful puniftoments on
both old and young of the faithful and peaceful citizens of this State ; women and
children fitting on the ruins of their houfes, perifhing by famine and cold, whilit
others were compelled in the mid ft of a rigorous feafon to depart the State, being
previoufly
LAWS OF GEORGIA. 243
previouily plundered of both their and their child'rens' clothing, and every other ne- A, D. 1782.
ceffary that might tend to mitigate the uncommon feverities exercifed on the fofter No. 267.
fex and their innocent babes ; nor was this all, whilft thefe days of blood and Britifh
anarchy continued among us, and commanded executions of our citizens, taken ir»
arms in defence of their invaluable rights, to take place — executions as- unauthorized
by the laws of nations, as they were cruel in themfelves, and only to be exceeded, if
poillble, by the abandoned profligacy of fetting torches to temples dedicated to the
fervice of the Most High God, whereby they compleated a violation of every right,*
human and divine : And whereas the aforefaid treafons, and other atrocious crimes,,
j.uftly merit a forfeiture of protection and property : Be it enacted by the reprefentatives Perfons aamed.
of the freemen of the State of Georgia in general afevibly met, and by the authority of the
fame. That all and each of the following perfons, viz. for Chatham, Sir James Wright,
Baronet, John Graham, Alexander Wright, Lachlan Mc.Gilivray, John Mulbryne,
Jofiah Tatnall, Bafd Cowper, William Telfair, Alexander Mc.Goun, Thomas Tal-
malh, Samuel Douglafs, Lewis Johnfton, fenior, Lewis Johnfton, junior, William
Johnfton, Thomas Johnfton, James Johnfton, Samuel Farley, James Alexander,
Jofeph Spencer, James Batler, John Wood, Robert Reid, John Stour, Thomas
Reid, George Houftoun, Philip Delegal, fenior, his heirs, devifees, or affigns, Phi-
lip Delegal, junior, David Delegal, John Glen, John Bond Randell, James Mofsman,
John Charles Lucena, Nathaniel Hail, Thomas Gibbons, John Fox, junior, John
Simpfon (Sabine fields,"1, Matthew Stewart, John Suteliffe, Benjamin Farley, Thomas-
Rofs, John Joachim Zubly, his heirs, devifees, or affigns, David Zubly, junior,
George Bailiie, William Wylly, Campbell Wylly, Thomas Wylly,. Levi Sheftall,
James Harriot, James Graham, James Flume, John Hume,, his Jveirs, devifees, or
affigns, Thomas Goldfmith, his heirs, devifees, or affigns, M:?.jor James Wright,
James Robertfon, Flenry Yonge, junior, Jofeph Farley, his heirs, devifees,. or affigns,
John Foules, Thomas Fleming, Alexander Thomfon, Robert Mc.Cormick, his- heirs,
devifees, or affigns, Thomas Forbes, Colonel Thomas Brown, James Thomfon, Wil-
liam Jones, of Savannah, Martin Jollie, Donald Frazer, Ifaac Baillou, Doctor John
Irvine, George Kincaid, William Knox, John Murray, George Cuthbert, William
Mc.Gillivray, William Stephens, Benjamin Wilfon, Peter Dean, George Fox, Mofes
Kirkland, John Lightenftone, William Lyford, Andrew Hewat, Alexander Inglis,
James Brifbane, William Miller, William Mofs, Philip Moore, William. Panton,
Thomas Skinner, John Mulryne Tattnall, Charles William Mc. Kenny, his heirs,,
devifees, or affigns, Alexander Rofe, Charles Wright, fenior, Robert Porteous, Jer-
myn Wright, his heirs, devifees, or affigns, Charles Wright, fon of Sir James, John
Mc.Gillivray, Tim Barnard, Ifaac Delyon, Peter Edwards, Samuel Langley, and
Samuel Ealy 1 — Liberty,. Glynn, and Camden, Roger Keifall, Thomas Young,. Simon-
Munro, Henry Munro, James Spalding, Robert Bailiie, Alexander Creighton, Ro-
derick Mc.Intolh, William Mc.Intofh, Indian trader, Charles Mc.Daniel, his heirs,
devifees, or affigns, John McDonald, Donald. McDonald, Daniel Mc.Leod, Daniel
B. Mc.Intofh,. John Polfon, his heirs, devifees, or affigns, William Rofs (Saint An-
drews), John Welly, McCoy, of Saint Andrews, John Shave, junior, Richard
Shaves,
244 DIGEST OF THE
A. D. I7"82i Shave, Arthur Carney, fenior, his heirs, devifees, or afligns, Arthur Carney, junior,
.^No. 267. William Dawfon, of Newport ferry, Charles Watts, fhip carpenter, — i Shepherd,
of Colonels ifland, James Carfon, of South Carolina, William Clark, Sir Patrick
Houfton, baronet, John Martin, of Jakell, his heirs, devifees, or afligns, James Kit-
ching, John William Williams, Raymond Demerce, junior, John Proctor, Daniel
Mc.Girt, James Mc.Girt, George Aarons ; — Ejjingham county, William Willis,
Abraham Mincey, Henry Cooper, fenior, Henry Cooper, junior, W. Cooper, Ben-
jamin Lanier, John Boy kin, Jofiaua Pearce, fenior, William Pearce, Stephen Pearce,
Philip Dill, fenior, Philip Dill, junior, James Dill, his heirs, devifees, or afligns,
John Goldwife, James Pace, fenior, Chriftopher Frederick Freebnier, Stephen
Dampier, Peter Blyth, his heirs, devifees, or afligns, John Blyth, Samuel Cooper,
George Weekly, Wildeiick Gruber, Jofeph Johnfton, John Johnfton, William
Powell, William Love, John Love ; — Burke county, John Thomas, David Ruflel,
Matthew Lyle, Robert Miller, John Robertfon, Daniel Howell, Alexander Carter,
Robert Wolfington, Willoughby Tucker, John Mc.Cormick, his heirs, devifees, or
afligns, Paul Mc.Cormick, his heirs, devifees, or afligns, Robert Henderfon, his
heirs, devifees, or afligns, Lud Mobly, James Herbert, James Moore, his heirs,
devifees, or afligns, Samuel Moore, Jofeph Cornals, Robert French, William Bal-
four, his heirs, devifees, or afligns, Ifaac Downing, Ifaac Eaton, Andrew Mc.Neily,
James Robertfon, James Lyle, Jofeph Marfhall, John Pig, his heirs, devifees, or
afligns, John Brown, Thomas Rutherford, Cader Price, John Hammet, David Green,
Philip Helverfton, William Hammond, George Johnfton, fenior, John Johnfton,
William Corker, Edward Corker, John Corker, Stephen Corker, William Mangrum,
James Douglafs, William Durgan, James Hunt, John Young, Robert Tilman, Wil-
liam Young, Matthew Moore, his heirs, devifees, and afligns, Henry Sharp, his
heirs, devifees, and afligns, Jacob Sharp, Cordy Sharp, William Mc.Natt, Samuel
Montgomery, Thomas Lamb, Edward Pilcher, Benjamin Brantley, Henry Overftreet,
Elias Bonnell, William Brown, Auguftus Underwood, Abfalom Wells, John Fer-
gufon, William Reid, Thomas Beaty ; — Wilkes county, Thomas Watters, Henry
Williams, John Douglafs, William White, Samuel Williams, John O'Neal, Aving-
ton Perkins, Daniel Philips, James Gordon, Abraham Wilkins, Samuel Wilkins,
Jonathan Wilkins, Luke Bynan, William Tidwell, Reubin Sherrall, his heirs, devifees,
or afligns, James Gordon ; — Richmond county, Colonel James Grierfon, his heirs,
devifees, or afligns, Andrew Moore, his heirs, devifees, or afligns, John Howard,
his heirs, devifees, or afligns, William Manfon, James Ingram, Edward Afliton,
James Seymour, Martin Weatherford, James Weatherford, John Henderfon, John
Weatherford, George Philips, Alexander McLean, Benjamin Howard, his heirs,
devifees, or afligns, Thomas Howard, his heirs, devifees, or afligns, Andrew Robert-
fon, Daniel Cameron, John Jamiefon, William Oats, Thomas Scott, Richard Bai-
ley, John Coppinger, Thomas Manfon, Jacob Watfon, Doctor Andrew Johnfton,
Charles Weatherford, John Furlow, James Jackfon, of Augufta, merchant, William
Johnfton, Doctor Francis Folliott, Doctor Thomas Taylor, Simon Patterfon, Tho-
mas Polhill, Nathaniel Polhill, his heirs, devifees, or afligns, John Maxwell, Solomon
Kemp,
LAWS OF GEORGIA.
%4\
Kemp— Be, and they are hereby declared to be banifhed from this State for ever *, and
if any of the aforefaid perfons fhall remain in this State fixty days after the paffing of
this act, or fhall return to this State, the governor or commander in chief for the
time being, is hereby authorifed and required to caufe the perfons fo remaining in or
returning to this State, to be apprehended and committed to gaol, there to remain
without bail or mainprize, until a convenient opportunity fhall offer for tranfporting
the faid perfon or perfons beyond the feas, to fome part of the Britifh king's do-
minions, which the governor or commander in chief for the time being, is hereby
required to do ; and if any of the faid perfons fhall return to this State after fuch
tranfportation, then, and in fuch cafe, he or they fliall be adjudged, and they hereby
are declared to be guilty of felony, and fhall on conviction of their haviag fo returned
as aforefaid, fuffer death without benefit of clergy.
II. And be it further enacled by the authority aforefaid, That all and fingular the
eftate, real and perfonal, of each and every of the aforefaid perfons, which they
held, poffeffed, or were entitled to, in law or equity, on the nineteenth day of
April, one thoufand feven hundred and feventy-five, or which they have held fince,
or do hold in poffeffion, or others hold in truft for them, or to which they are or
may be entitled to in law or equity, or which they may have, hold, or be poffeffed
of, in right of others, together with all debts, dues, and demands, of whatever nature,
that are or may be owing to the aforefaid perfons, or either of them, be confiscated
to and for the ufe and benefit of this State, and the monies arifing from the fales
which fhall take place by virtue of and in purfuance of this act to be applied to fuch
ufes and purpofes as the legislature fhall hereafter direct.
III. And whereas divers other perfons citizens of this State, and owing allegiance
thereto, (whofe names are not herein recited) did in violation of the faid allegiance,
traiteroufly affile, abet, and participate, in the aforefaid treafonable practices ; Be It
therefore enabled by the authority aforefaid, That all and every of the perfon or perfons
under this defcription fhall, on full proof and conviction of the fame in a court of
law, be liable and fubjected to, and they are hereby declared liable and fubjected to
all the like pains, penalties, and forfeitures inflicted by this act, on thofe offenders
whofe names are particularly mentioned therein.
IV. And whereas there are divers eftates and other property within this State be-
longing to perfons who have been declared guilty or convicted in one or other of the
United Stares, of offences which have induced a confifcation of their eftates or pro-
perty within the State of which they were citizens, Be it therefore enacled by the autho-
rity aforefaid, That all and fingular the eftates both real and perfonalj of perfons un-
der this defcription, of whatfoever kind or nature, together with all rights or titles,
which they may, do, or fhall hold, in law or equity, or others in truft for them, and
alfo all the debts, dues, and demands, (except debts and demands due or owing to
Britifh merchants, or others refiding in Great Britain, which fhall be appropriated as
herein after mentioned) owing or accruing to them, he confifcated to and for the
ufe and benefit of this State, in like manner and form of forfeiture as they were fub-
jected to in the States of which they reflectively were citizens of, and the monies
arifing
A. D. 1782.
No. 267.
Banifhed from
the State for e-
ver, to depart,
in 60 days or be
transported to
the Britifh do
minions.
Declared guilt?
of felony, and
fuffer death if
they return.
Their eftates,
together with
all debts, dues,
&c. to which
they were any
way entitled
on the 19th A-
pril, 1775, con-
fifcated for the
ufe of the State,
Certain perfons
not named, fub-
jecl te, likepaiDS
and forfeitures.
Eftates, debt?,
&c. of perfons
on confifcation
acls in other
States, confif-
cated in like
manner.
Debts due to
merchants, &c.
refiding in Bri-
tifh dominions,
hereafter appro-
priated.
246
DIGEST OF THE
A. D. 1782,
No. 267.
Seq.ueftratlon
thereof— com-
miffioners to re-
cover and depo-
ik fhe fame in
the treafury, in
like manner as
debts confifcat-
ed.
Confiscation of
all eftates of
Jtiyitiilt ful>jc<$s,
and a! lb a 11 debts
&c. due or ac-
cruing to them.
Certain fales,
&c. fince 19th
April, 1775, de-
clared void.
Claims againfl
conlifcated es-
tates, to be ex-
hibited to the
commiffioners
or fued in 12
months.
Perfons having
claims,at liberty
to fubmit them
to the commif-
fioners or to pro-
ceedbyadlion at
Jaw — - when li-
quidated how to
be paid.
arifing from the fales which fhall take place by virtue of and in purfuance of this acf,
be applied to fuch ufes and purpofes as the legiflature fhall hereafter direct.
V. And be it further enncledy That all debts, dues, or demands, due or owino- to
merchants or others refiding in Great Britain, be, and they are hereby fequeftered,
and the commiffioners appointed by this a£r. or a majority of them, are herebv em-
powered to recover, receive, and depofit the fame in the treafury of this State, in the
fame manner, and under the fame regulations as debts confifcated, there to remain
for the ufe of this State until otherwife appropriated by this or any future houie of
ailembly.
VI. And whereas there are various perfons, fubjecls of the king of Great Britain,
poflefied of or entitled to eftates, real and perfonal, which juftice and found policy
require ihould be applied to the benefit of this State, Be it therefore enabled by the
authority aforefaid, That all and lingular the eltates, real and perfonal, belonging to
perfons being Britifh fubje&s, of whatever kind or nature, which they may be pof-
feffed of, (except as before excepted) or others in trull for them, or that they are
or may be entitled to in law or equity, and alfo all debts, dues, or demands, owing
or accruing to them, he confifcated to and for the ufe and benefit of this State, and
the monies arifing from the fales which fhall take place by virtue of, and in purfu-
ance of this act, to be applied to fuch ufes and purpofes as the legiflature fhall here-
after direct.
VII. And whereas feveral fraudulent fales, grants, devifes, transfers, bargains, ex-
changes, or other titles and conveyances, may have been made by fome or other of
the aforefaid perfons heretofore, with intent to defraud the State, and to commit
treafon againft the fame with impunity, Be it therefore enabled by the aforefaid, That
every fale, grant, devife transfer, bargain, exchange, or other title or conveyance
which has been made or executed by any of the aforefaid perfons, or by his or their
attorney or attornies, agent or agents, fince and after the nineteenth day of April
which was in the year of our Lord one thoufand feven hundred and feventy-five,
fliall be deemed and held null and void to all intents and purpofes whatfoever.
VIII. And whereas there are feveral juft claims and demands which may be made
by the good and faithful citizens of this State, or others of the United States, againft
the eftates of perfons confifcated by this act, Be it therefore enabled by the authority
aforefaid. That any perfon or perfons well affected to the/independence of the United
States, having debts owing to them from the perfons named or defcribed in this act,
or who have any juft claim or claims in law or equity againft any of the faid confif-
cated eftates, that every fuch perfon or perfons fhall bring his or their claim, or enter
his or their action, within the fpace of twelve months from the paffing of this a£t,
or, in default thereof, he or they fhall be for ever debarred of deriving any benefit
from the fame.
IX. And be it further enabled* That all perfons having claims or demand's againft
any of the confifcated eftates, be at his or their option to lay a ftate and proofs of the
faid demands before the faid commiffioners, Or a majority of them, on or before the
fourth day of May next, and the , faid commiflioners, or a majority of them, are
hereby;
LA.WS OF GEORGIA. 247
hereby empowered and required to examine into the juftice and validity of the A. D. 1782.
faid demands, and make a report thereof to the general affembly at their next meet- No. 267.
ing after the faid fourth day of May next, to the end that the legislature may direct,
with refpect to fuch creditors, what to juftice (hall appertain 5 and if the faid le-
gislature fhall not liquidate the faid demands agreeable to the claimant, fuch claim-
ant fhall have an action againft the faid commiffioners, or a majority of them ; and
the amount of fales of the eftates of the perfons mentioned in this act fhall be
refpectively liable to fatisfy the faid demands, and all other creditors except thofc
who are unfriendly to American Independence j and where any claimant fhall fo
chufe, he or they fhall have recourfe to his or their action at law, and if a verdict
of the court where the fame fhall be tried fhall pafs for him or them, then on
certifying the fame to his honor the governor or commander in chief for the time
being, his honor the governor or commander in chief for the time being fhall irate
a certificate for the fum verified by the verdict to every fuch claimant, which cer-
tificate fhall be made payable and to be paid in twelve months after date thereof,
with intereft for the fame at the rate of feven pounds per cent, yearly, and fhall
be and admitted and received in payment in every purchafe, which fuch perfon or
perfons may make at the fales of the forfeited eftates at the expiration of the Pfovifij,
faid twelve months; Provided always. That the judges of the fuperior court in the to proceed in a
refpective counties be empowered and authorifed to proceed in a fummary manner *"mmary way,
1 •• r 11 i-rr.-nii \ <• r 1 not exceeding
to determine in cafes where the caufe of action fliall not exceed fifteen pounds. £ij.
X. And to the end that this act may be carried into effectual execution, for the
benefit of this State, Be it further enabled by the authority afore/aid. That there be a Commiffioners
board of commiffioners appointed by ballot of this houfe, to conlift of two perfons the^feveral **
out of each of the counties within this State, except Glynn and Camden, for which counties to car-
there fliall be one chofen, which faid commiffioners, or a majority of the faid thir- execution,
teen* commiffioners fo chofen, fliall be, and they are hereby empowered, authorifed
and required, to take into their cuftody and care all and every the eftates real and perfo-
nal which are confifcated by this act, and they are hereby empowered and authorifed
to do all acts and things which are neceffary for carrying the fame into execution.
XI. And be it further enacted by the authority afore/aid, That the faid commiffioners SaIcs wJ)en
or a majority of them, be empowered and required, and. they are hereby empower- commence,
vtl and required to proceed to, and begin the fales of the faid forfeited eftates, both
rc.il and perfonal, in forty days from and after the palling of this act, on the follow-
ing terms and conditions, to wit, feven years credit to be given to purchafers of the Conditions: Se-
lnndcd or other real eftates, and four years credit to be given to purchafers of the per- van Fars credit
tonal eftates : that the faid fales be public, and held on or between the hours of ten real eftates.
o'clock in the forenoon, and three in the afternoon, with power of ajournment from Manner and
day to day, or otherwife in fuch place or places as the faid commiffioners or a majo- tir-*cSo1 fale-
rity of them, fhall judge moft convenient : that the faid commiffioners, or a majority
of them, do and fhall iffue thirty days notice previous to the commencement of the
laid fales, and that the higheft bidder be deemed and confidered a purchafer : that the
faid
* See a <5l of 1783, No. 47?, authorifing; a lefs number of commiffioners to be a board, and the powers herein
■: declared void.
248 DIGEST OF THE
A. D. 1782. faid commiffioners or a majority of them, mail take a perfonal obligation iron every
No. 267. purchafer of any part or parts of the real or landed eftates, with a mortgage of the fame,
PUl^fbtS to ^or the Pavraent or" trie purchafe money at the time appointed by this aft, together with
give perfonal fufficient fecurity for the payment of intereft annually, at the rate of feven pounds
momn^onThe per cent- Per annum which payments of principal and intereft fhall be rendered in
fame,' together Mexican dollars, or other monies, in gold or filver : That the faid commiffioners or
fecarity forpay- a majority of them, mall take the bonds in the name of his honor the governor cr
ment of the in- COmmander in chief of the State for the time being, and his fucceflors in office •,
Principal anl' and that the faid commiffioners, or a majority of them, be fully empowered and
intereft to be authorized, and they are hereby empowered, authorized and required to execute
Mexican dollars fufficient titles and conveyances for veiling the eftates real and perfonal in the perform
cr otherwife in ^ ^ u refpectively purchafe the fame, their heirs, executors, adminiflrators, or
gold or iuver. * > r * * '■ ~
Eondstobetak- affigns, refpedlively, for the terms for which they were fold : That the faid commil-
of'the 'rovemor! Goners refpectively fhall, previous to their entering into the execution of their office,
Titles to pur- give fecurity to the amount of three thoufand pounds fpecie to his honor the gover-
clufers ow ^ _ commantier jjj chief 0f the State for the time being, and take the following
Commiffioners oath 0f office : " I, A. B. do folemnly fwear that I will diligently, truly, and im--
Vivc hoa/and partially, execute the duty of a commiffioner for the fale of the forfeited eftates,,
fecurity for agreeable to the directions of the act, for the benefit of this State. So help me
£300 and to be b )f
fvvora. CjrOd.
Their oath. -^H. jfJj whereas, notwithftanding the fcenes of cruelty and diftrefs which the.
Families of per- ■ nd children of numbers of the good and faithful citizens of this State un-
ions bammed to °
be afforded tem- derwenc, humanity dictates that a reafonable fupport and maintenance ihould be al->
porary fupport. lowed ta the families that may have remained among us belonging to perfons whofe
eftates are confifcated by this act, Be it therefore enaEled by the authority aforefaid> That!
the faid commiffioners or a majority of them, be hereby empowered, and authorized,
and they are hereby authorized and required to grant a reafonable and temporary'
maintenance to the families of fuch perfons as are banifhed by this act, until the
legislature fhall hereafter direct or order a fixed fupport for the faid families.
- , . , XIII. And whereas it is neceffary, for the public benefit, that all embezzlements,.
embezzlement J ' * ' .
of" confifcated removals, or concealments of the forfeited eftates, fhould be prevented, Be it there-
Sy^anZpunifh- fore enaEled by the authority aforeJaidy That any perfon or perfons who fhall from and
ed with death, after the paffing of this act, wilfully, or intentionally conceal or embezzle any part
or parts of the perfonal property confifcated by this act from the commiffioners ap-
pointed by this act for the taking the fame into their cuftody or care, or who fhall
convert the fame to their own ufe and behoof with intent to defraud the State, and
prevent the commiffioners from felling or otherwife difpofing of the fame, that air
and every perfon or perfons fo offending as aforefaid fhall be guilty of felony, and on.
conviction thereof fhall fuffer death.
XIV. And whereas doubts may arife whether the inhabitants of this State who»
poflefs no grants for the lands formerly pur chafed of the Britifh commiffioners in
Wilkes county, commonly called and known by the name of the ceded lands, are
enabled to give landed fecurity, where the fame is required by this act, Be it therefore
enaEled
Wilkes countymir-
chafed under. Bri-
tifh commisiioner*
un-
s a«
LAWS OF GEORGIA. 24.0
enabled by the authority afore/aid, That the faid inhabitants are, and they are hereby h'-^'^y2'
declared capable of offering and giving fuch ungranted lands as fecurity to the com- inhabitants HoW-
miffioners for the fales of the forfeited eftates in every of thefe cafes where fecurity cedc
is required by this act.
XV. And whereas, from the irruptions of the enemy, and the devaluation which ^itld^idl
followed, various of the good people of the State may have loft their grants or titles feSr'liliS'
to their lands, Be it therefore enacted by the authority afore faid, That all and every per- certain lands, the
....... ,, iTii 1 rr rr i r • giants or titles of"
fon under this delcription, and who are publicly known to be pofleued of the lands, which being io(t
the titles or grants of which are fo loft or deftroyed, (hall be capable of giving fuch as fecm-hy.
lands in fecurity, and fuch landed fecurity (hall be received in all and every of thofe
cafes where landed fecurity is required by this act.
XVI. And whereas i feveral fales of real eftates, forfeited and confifcated by the
aft of attainder and confifcation which was paffed on or about the firft day of March,
one thoufand feven hundred and feventy-eight, took place, the terms of which fales
were not complied with, Be it therefore enabled by the authority aforefaid, That all Sales of real ef-
and every fale of any part or parts of the faid real eftates, the terms of which were fjfcation a^of
.not ftrictly complied with, and fulfilled on the part of the purchafer or purchafers, 1778, not ftri<ft-
in the manner and forms prefcribed and required in the rules and regulations for fel- purchafers, de-
ling the faid real eftates, "be deemed and held null and void ; and fuch fale or fales clared v0ld-
are hereby declared to be null and void to all intents and purpofes whatfoever; and
the commiffioners appointed by this act are empowered and required to take the T]ie fame t0 ^.e
faid real eftates into their cuftody and care, and to be fubjected to fale under the aft,
power and authority of this act.
XVII. And be it further enacted by the authority aforefaid, That the faid commiffi- Sales of planta-
oners or a majority of them, be empowered and required, and they are hereby em- bJy>"he°beft de-
powered and required to proceed to the fales of the forfeited real eftates which have ftription to be
been fettled heretofore, or which by public notoriety are known or generally under-
ftood to contain a certain or fuppofed number of acres, under the defcription which
the faid lot, plantation, or tract of land, ifland or iflands, (as the cafe may be) gene-
rally bears and alfo to the fales of all fuch other unfettled real eftates as the faid com-
miffioners, or a majority of them, can receive a well informed knowledge of, from
wife and faithful citizens, who are or may be acquainted with fuch unfettled tracts
cf land.
XVIII. And be it further enabled by the authority aforefaid, Thar the State will and lfie S(tate t&.
J J J J ' ■ w-uarantee and
do guarantee and defend the commiffioners appointed by this act, e>r a majority of defend thepro-
rhem, in all their proceedings for carrying the powers and authorities given them by fa^es^made^y
the fame into full effect, and will alfo warrant and for ever defend all. and every fale or the enmmiffion-
i'ales which the faid commiffioners or a majority of them fhall make to any purchafer aQ%
or purchafers of any part or parts of the real and pcrfonal eftates confifcated by this act. commiffioners
XIX. And be it further enabled by the authority aforefaid. That the faid commiffion- allowed one and
ersbe allowed a commiffion of one and an half per cent, on all fales of the real and per- Jfj jfoTs'befides
fonal eftates, beiides all reafonable and juft expences incurred in carrying this act into reafonable ex-
execution.
I i XX.
250
DIGEST OF THE
A. D. 1782. XX. And be it further enacled by the authority afore/aid, That the commiffioners-
No. 2.67. {hall, and they are hereby required, from time to time, once in two months, make
To make fre- out returns 0f 2\\ their proceedings, and deliver the fame to his honor the governor
auent return or r ° * o
quent retur
their proceed- or commander in chief for the time being, with the inventories of the different eftates,
ings to the go- amj ^ flicja accounts of fales as may be finifhed, and alio all bonds and fecurities, andr
fums of money, received, by them.
Public acl tore- XXI. And be it further enacled by the authority aforefaidy That this act fhall be a pub-
ceive the moil nc one> and judicially taken notice of as fuch, and that the fame mall have the mod
neficial con- full, liberal, and general construction, for the purpofes of carrying the fame into exe~
ilrucliun. cution in the moft beneficial manner ; and if the faid commiflioners or any of them,
be impleaded or fued, or any perfon acting under their authority, for any matter or
General iffue to thing dene by virtue of this a£t, they or he may plead the general iffue, and give
be pleaded. thjs ac"^ anci the fpecial matter in evidence, and on verdict or judgment againft the
plaintiff, or on his non-fuit or difcontinuance, the perfon or perfons fo fued fhall re-
cover treble cofts.
SAMUEL SALTUS, Speaker*.
Savannah) May 4, 1 782.
No. a68. An Acl for preventing improper or difaffeclcd perfons emigrating from other places, and:
becoming citizens of this Statey and for other purpofes therein mentioned.
Temporary. — Expired.
Auguft 5, 1782.
No. 26.9. *^K Acl for amercing certain perfons therein named, and for other
purpofes therein mentioned-
Preamble, -W » XHEREAS many perfons have withdrawn themfelves from the defence e£
y[yj this State, fome of whom bore high and important trulls, or commiffions
under the fame, accepted protection from the enemy in utter contempt of the au-
thority of the State, and to the evil example of fociety t, and forgetting all the focia£
ties of kindred and humanky did affift in endeavoring to enforce the laws of Britifh
government, and overturn that mild and equitable fyftem of government, which
they had aflilted to raife, and which it was their duty to fupport ; And -whereas it is
but juft and reafonable, that the eftates of fuch perfons, both real and perfonal, be
£na<5red. amerced, and that a due difcrimination fhould be made, Be it therefore enacled by
ComrniiTioners^ tj}e reprefentatives of the freemen of the State of Georgia in general ajfembly met, and by:
ventory of ef- the authority of the fame. That the commiflioners appointed for carrying into execu-
XSti&SlS t5on an a(^' entitled " An act for inflicting penalties on, and' confiscating, the eftates.
of fuch perfons as are therein declared guilty of treafon, and for other purpofes
therein mentioned," fhall, within two months after paffing this act, take an inven-
tory
* See act of 1785, No, 300, amercing certain other perfons,
LAWS OF GEORGIA. *5i
tory and appraifement of the eftates of the perfons herein after mentioned, viz. Tho- A. D. 1782.
mas Polhill, Sir Patrick Houfton, John Sutcliffe, George Bafil Spencer, Thomas No. 269.
Wylly, William Struthers, Amos Whitehead, Mc.Carten Campbell, James Lam-
bert, Andrew McLean, John Irvine, George Cuthbert, Benjamin Farley, John
Goldwire? and Thomas Johnfton, and within four months thereafter, take out the
amercement herein after mentioned, that is to fay, twelve per cent, on the true and
equitable value of all fuch eftates both real and perfonal, of the perfons herein before
mentioned ; and that the faid commiffioners or a majority of them, fhall inventory
and appraife the eftates of the perfons herein after named, viz. William King, John
Lowerman, Smith Clarenden, Stephen Millen, Jofeph Cuthbert, Jofeph Fox, Luke
Mann, Thomas Walker, Nicholas Cavenagh, David Cavenagh, Peter Winn, heirs
of George Walker, David Johnfton, James Johnfton, David Delegal, Benjamin Wil-
fon, Robert Baillie, George Houftoun, James Mofsman, David Douglafs, William
Stephens, and take out the amercement hereafter mentioned, that is to fay, eight Amercement.
per cent, on the true and equitable value of all fuch eftates, both real and perfonal,
which faid amercement (hall be paid by the feveral perfons herein before named,
into the treafury of this State, within fix months from and after the paffing of this
act ; and that the faid perfons herein before named, (hall be obliged to give to the
faid commiffioners or a majority of them, a juft, true and perfect account on oath, of
all their real and perfonal eftates which they are pofiefled of, or which others may or
do hold in truft for them, within forty days from and after the paffing of this act ;
and in cafe of refufal or neglect, the faid commiffioners or a majority of them are
hereby empowered, authorized and required to have the eftates real and perfonal, of
the perfons herein before mentioned, appraifed by three freeholders, who fliall be to reKdi* T<>
fworn for that purpofe ^ and the faid perfons fo neglecting or ref ufing as aforefaid, count of their
fliall forfeit double the amount of their refpective amercements, which fhall be re- feh. double a-
covered by fale, out of any part of their real or perfonal eftates. mercemeia.
II. Refpedting military regulations. Obfdkte.
III. And be it further enacled, That the commiffioners or a majority of them, are Commiffioners
hereby required to deliver all monies which they may receive by virtue of and in trcafurer,
purfuance of this act, as well as all inventories and appraifements, and a copy of
their accounts once in every thirty days, to the treafurer of this State, who is hereby
authorized and required to give the faid commiffioners or a majority of them, a fuf-
iicient receipt for fuch fum or fums as may be by him received.
IV. Refpedting military regulations. Obfolete.
V* And whereas it will be of great fervice to the State in recruiting the continental
battalion, to receive all or a part of the different amercements immediately, Be it Perfons amerc-
tnatled by the authority aforefaid^ That any perfon or perfons amerced as aforefaid, +er f"m/ on
who fhall, within thirty days from and immediately after the paffing this act, pay orcaufe prompt pay-
to be paid into the treafury or hands of the commiffioners, all or any part of the fum
■he or they fhall be reflectively amerced, fuch perfon or perfons fo paying as afore-
faid, fhall be entitled to, and allowed a deduction of ten per cent, on all fuch part of
his faid amercement, as he fhall pay, or fo caufe to be paid, and any perfon fo fined
of
DIGEST OF THE
A. D. 1782.
No. 269.
Allowed a de-
du tion for fur-
nifhinjv foldiers.
Certain difqui-
Iificatioiis for
two years ; re-
flored to the
rights of c'ti-
zenfhip in other
refpeiSls.
Offences (mur-
der excepted)
buried in obli-
vion, but liable
to civil actions.
Commiffioners
to make allow-
ance for former
payments made
by perfons nam-
ed in this act,
where any of
their eftates
have been fold,
the purchafers
may or may not
relinquifh. the
fame at their
optien.
or amerced as aforefaid, who (hall, within the fpace of three months, fo pay or caufe
to be paid, all or any part of his faid amercement as aforefaid, he or they {hall be
entitled to, and allowed a deduction of five percent, any matter or thing herein
contained, to the contrary thereof notwithstanding.
VI. And be it further r enabled, That any perfon or perfons fo amerced as afore-
faid, who fhall within thirty days recruit or enlift any able bodied foldier for the
continental battalion and produce a certificate thereof within the faid time {hall be
allowed a deduction from his faid amercment of the fum of forty pounds; and where
any fuch perfon fhall place in the faid battalion any able bodied man as aforefaid
within three months from and after the palling hereof, he or they fhall be allowed
for every fuch foldier, the fum of thirty pounds to be taken from the amount of has
faid amercement, fubject however to no other deduction whatfoever.
VII. And be it further enabled* That all and. every perfon and perfons named in this
act fh:;31 be, and' he and they is and are hereby declared to be disqualified, and ren-
dered incapable to ferve on any jury or to vote at any election for members of aflem-
bly, or to ferve in the fame,, for and during the fpace of two years from and after
the paffing of this act ; but fuch perfon and perfons ate and is hereby declared to be in
all other refpects reftored to the rights of citizenfhip within this State, on complying
with the terms of this a£t, and taking the oaths of. allegiance before any of the affift-
ant judges of the county to which they refpectively belong, in as full a manner as if
the act of confiscation before named had never been made, or as any other American
citizen doth enjoy the fame, fubject only to the difability in this act contained ; and
all offences of a public nature (murder only excepted) fhall in regard to fuch perfon
and perfons be forever buried in oblivion, faving only the right of civil actions to any
perfon or perfons who may apprehend him,, her or themfelves aggrieved hy fuch per* '
fon or perfons named in this act.
VIII. And whereas certain parts of the eftates real and perfon al* of feveral of tho
perfons named in this act, have been under former laws fequeftered and applied to
public ufe, and other parts have been fold, and difpofed of under and by virtue of a
certain act of confifcalion, paffed at Augufta on the fourth day of May laft paft, and
entitled " An act for inflicting penalties on, and confifcating the eftates of fuch
perfons as are therein guilty of treafon, and for other purpofes therein mentioned £*
Be it therefore, enabled by. the authority afore/aid, That in all cafes where any part of the
monies have been received, or property in lieu thereof taken and applied to public uk,
the amount of the fame fhall be acknowledged and received by the commiffioners
appointed in and by this act, as fo much of the amercement of fuch perfon or perfons
refpectively; and in all cafes where any part of the eftates, real or perfonal, of the
faid perfons or any of them named in this act, hath been fold or difpofed of by the
faid commiffioners,. it fhall and may be at the option of the purchafer or purchafersj
either to give up his, her or their purchafe, or to keep the fame. In- the latter cafe
the faid fale fhall be confirmed, and his honor the governor for the time being, fhall
affign and fet over to the perfon or perfons whofe property was fo fold, all bonds,
mortgages, and other fecurities taken for the fame by the faid commiffioners from
the.
LAWS OF GEORGIA. 2:3
the faid purchafer and purchafers, and thereafter the faid bonds, mortgages and other A. D. 1782.
fecurities, with the monies thereon due and to grow due, to hold to fuch perfon and No. 169.
perfons refpe£tively, to whom the fame are fo affigned as aforefaid, and their refpec-
tive heirs,, executors, adminiftrators- and afllgns, abfolutely for ever ; and in this
cafe, no fuit or action (hall be brought againft the faidpurchafer and purchafersr for
the fpace of two years from January next, and then whatever would be deemed a
good payment to the public, fhall be held and taken as fuch by the perfon or perfons
to whom the faid bond and other fecurities are affigned : And if it fhall fo happen,
the faid purchafer or purchafers under the faid confifcation act, mall chufe to give
up his, her or their purchafe, he, (he or they fhall have power fo to do, and the ertate
real or perfonal, purchafed by fuch perfon or perfons being re-delivered to the owner
or owners in this act named, the faid purchafer or purchafers fhall be entirely ac-
quitted and releafed from all claim or concern in the faicl eftate, and the fame fhall
hold to the faid original owner and owners, his, her or their heirs, executors, admi-
nillrators and affigns forever, fubject only to the amercement, in this act fpecified
and contained.
IX. And be it further enacted by the authority aforefaid, That all fuch parts of the Mates of per-
eftates of them the faid feveral perfons herein before named, either real or perfonal "on^ lsrei" ?a*
r ' -t med remaining
which have not been already, and before the paffing of this aft fold and: difpofed of unfei.i.reftored.
by the commiffioners aforefaid, fhall be, and the fame is hereby declared to be fully,
truly, and abfolutely reftored, to them the faid feveral perfons herein before named
refpectively, and their refpective heirs, executors, administrators, and afiigns for
ever in as full and ample a manner to all intents and purpofes, as if the faid act of"
confifcation pafled at Augufta as aforefaid had never been made.
X. And be it further enabled by the authority aforfaid, That the faid feveral perfons subjeclhowevcr
herein before named fhall pav and fatisfy the comnvffioners the full amount of their to PaPr.ent ot
commiffions refpectively, on the fales of fuch part of their eftates as have been fold.
XI. And be it enacted by the authority aforefaid, That the State will and do guarantee The State to
and defend the commiffioners appointed by this act, or a maioritv of them in all their sjuara'ltee aild
, .... . . . deitnd the com-
proceedingS for carrying the powers and authorities given them into full effect;, and mifiioners in
will alfo warrant and for ever defend all and'every fale or fales, which the faid commif- . r P™ctcd"
' 7 ings. and war-
fioners or a majority of them fhall make to any purchafer or purchafers of any part rant tie talis
or parts of the eftates of the aforenamed perfons. made by them.
XII. And be it enabled by the authority aforefaid, That the commiffioners for carry- Commiffioners
inp- this act: into execution fhall be allowed one pound for every fuch hundred pounds allovved OTte i,er
. . i '1 •<-i-ni «■«/. and reaion-
placed in their hands, and paid by them agreeably to the meaning of this act together able exptntes.
with an allowance of fuch reafonable charges as may accrue from the execution of the
fame.
XIII. And be it further enabled, That if any perfon or perfons named in this act perfons con-
fhall fraudulently make over or remove, or conceal' any part or parts of his or their ceahng any part
J ' r l ; of their proper-
property, with intent to defraud the State, fuch perfon or perfons fhall forfeit all and ty taken to fer-
every fuch part or parts of his or their eftates fo made over, removed, or concealed, whole.
on fatisfactorv proof being thereof made before any court of record within this State.
XIV.
254
DIGEST Or THEv
A. D. 17S2. XIV. And be it further enabled by the authority afore/aid, That this adt fhall be
°' 2 9* deemed a public act, and fhall be confidered in the mofl beneficial manner for the
Public aft.
intereft of the State.
Savannah, Augujl 5, 1782.
JAMES HABERSHAM, Speaker.
No. 270.
Courts of juftice
opened pnd c-
ftablifhed with
as ample jurif-
diclion in all
criminal mat-
ters exercifed
within this State
prior to the Bri-
tifh invaiion in
17 78.
Trial of civil
caure-s herein re-
gulated.
Where both par-
ties are of this
Stare, fuits to Pro-
ceed in 11 dial way
to judgment, if fur
the plaintiff' above
lol. be/ides colls,
the court (hall on
certain conditions
(iay e&ecutton
t'ltrcon two years.
lodgments to
Dear iatereft.
An A 61 for opening the courts oflaiv and juftice within this State un-
der certain reftriclions therein mentioned.*
HERE AS it is expedient and neceffary that the courts of juftice be immedi-
ately opened under the reftriclions herein after mentioned 5
I. Be it therefore enabled by the reprefentatives of the freemen of the State of Georgia in
general affembly met, and by the authority of the fame. That the courts of juftice for the
trial of all criminal matters or fuch as are carried on in the name and behalf of the
State be, and they are hereby declared to be henceforth opened, and from and im-
mediately after the palling of this a£l well and fufficiently authorifed and empowered
to hold plea and take cognizance of, and to proceed to judgment and execution in all
matters, caufes, and things of a criminal nature whatfoever in the fame manner, and
as fully and effectually to all intents, conftruclions and purpofes as formerly, and
with as ample a jurisdiction as the faid courts ufed, exercifed or enjoyed within this
State prior to the invafion of the Britifh forces of the fame in the year of our Lord
one thoufand feven hundred and feventy-eight.
II. And be it further enabled by the authority aforefaid, That the courts of juftice,
for the trial of civil caufes, or thofe which arife or lie between man and man, be
and they are hereby declared to be opened, and from and immediately after the pall-
ing of this act: well and fufficiently authorifed and empowered to hold plea, and take
cognizance of, and to proceed to judgment and execution in all matters, caufes and
things of a civil nature whatfoever in manner and under the regulations herein after
mentioned, that is to fay : Where the fuit or action fhall be between parties both
refident in this State, the fame fhall be allowed to proceed in the ufual form and
manner to judgment; but after judgment obtained, in cafe the fame fhall be for the
plaintiff, and fhall exceed the fum of ten pounds, befides cofts, either debt or da-
mages, the judge or judges before whom the faid fuit, action or caufe fhall be
brought or tried fhall (lay execution thereon for the fpace of two years from and after
the paffmg of this act, on condition that the defendant or defendants give fatisfactory
fecurity that he, fhe or they will not leave this State, or fraudulently remove his,
her or their property out of the fame within that time, and fhall alfo allow interefl
on the faid debt or damages fo recovered as aforefaid; and where the fuit or action
fhall be between parties either both traufient, or the one refident, and the other tran-
fient, the fame fhall be allowed to proceed in the ufual form and manner to judg-
ment
■Certain parts of this aft repealed by aft of 1 786, No. 344. And finally repealed by aft .of 1785, No. 421^
LAWS OF GEORGIA.
■51
ment j but after judgment fo obtained, in cafe the fame fhall pafs for the plaintiff,
and fhall exceed the fum of ten pounds, befides cofts, either debt or damages, the
judge or judges before whom the faid caufe fhall be tried fhall ftay execution the
fame for the fpace of fix months thereafter, on condition that the defendant or de-
fendants give fatisfactory fecurity that he, fhe or they will not leave the State afore-
faid, or fraudulently remove his, her, or their property out of the fame within that
time, and fhall alfo allow intereft on the faid debt or damages fo recovered as afore-
faid ; Provided always. That nothing in this act contained fhall extend or be con-
ftrued to extend to ftay, retard, or delay any fuit, judgment, execution, or other
procefs commenced or brought, or to be commenced or brought by his honor the
governor for the time being, or by any other perfon or body for or in behalf of the
State, or wherein the State collectively fhall be concerned.
III. And be it further enacled, That the courts of confcience fhall be alfo opened,
and all caufes belonging to the monthly courts fhall be allowed to proceed as well
before as after judgment in the old and ufual manner ; and all other caufes belong-
ing to the quarterly courts of confcience whofc jurifdiction extends from forty (hil-
lings to ten pounds, fhall be allowed to proceed in the old and ufual manner until
judgment be obtained, but after that, execution fhall be ftayed for the fpace of
twelve months on condition that fatisfactory fecurity be given and intereft allowed
as aforefaid.
IV. And be it farther enaEled by the authority aforefaid, That in cafe default fhall be
made in payment of the fums for which judgments fhall be obtained as aforefaid, it
fhall and may be at the option of the plaintiff or plaintiffs at the expiration of the
refpective terms herein mentioned (as the cafe may be) in all and every matter com-
ing within this act, either to take out execution againft the body, lands or goods of
the defendant or defendants, or elfe to proceed by a new action for recovery of his,
her or their money, againft the fecurity given as aforefaid; and in the latter cafe no
effoign, wager of law or imparlance whatfoever, fhall be granted, but execution fhall
iffue on the judgment fo obtained againft the fecurity immediately, that is to fay, as
foon as the fame may iffue agreeable to the (landing rules of court, independent of
this act.
V. And be it further ctmfted, That no fale fubfequent to judgment of any
lands or tenements, goods or chattels, by any perfon or perfons whatfoever,
who fhall claim the indulgence allowed by this act, dial! be good and valid againft
the plaintiff or plaintiffs in any fuch judgment, unlefs the defendant or defendants
hath or have left fufRcient eftate to pay and fatisfy the debt or damages and cofts of
fuch plaintiff or plaintiffs : And it is hereby declared to be the true intent and meaning
of this act, that the indigencies aforefaid of fix months, two years, and one year, (as the
eafe may be) are only meant to be granted in cafes where the contract was made,
or the caufe of action arofe prior to the twelfth day of July laft paft j and that in
all cafes where the contract hath been made, or the caufe of action arofc fubfequent
to that period, the parties are to proceed and defend in the ordinary courfe, and with-
out any fpecial indulgence being claimed or granted after" judgment.
YL
A. D. 1782.
.No. 270,
In fuics between
other perfons,
fix months it ay
on like condi-
tions.
Provifo .
Not to afiecl
cafes in behalf
of the State.
Courts of con-
fcience and
monthly courts
toproccedia the
ufual way. Stay
of execution lz
month* on judg-
ments of the
former, fecurity
being given.
Judgments
therein to bear
intereft.
Execution may
iffue againft the
body or efiate of
defendant — or
plaintiff may
bring a new ac-
tion againft the
fecurity.
Sales of land,
£cc. fubfequent
to judgment in
cafes of indul-
gence not valid
unlefs fufRcient
eftate be left.
Indulgence af-
ter judgment to
be granted in
no cafe Lut
where the caufe:
of adlion arofe
prior to lath
July laft.
z;6 DIGEST Of THE
•j
A. D. 1782. VI. And whereas in confequcncc of the depreciation of money prior to the reciuc-
No'. 270. tion of Savannah by the Britilh troops, and the troubles and con fufion that have taken
place and exifted ever fince that period, many difficult and intricate caufes in matters
of account will neceffarily arife, which a common jury may not be fufficientiy quali-
fied to decide without the help of a depreciation table : And whereas no depreciation
table being as yet formed, it is neceffary that fome mode be fubftituted to affift
common juries, until fuch depreciation table be formed and eftablifhed by law ;
In cafes of ac- Be it therefore enacted by the authority aforefaid. That in all cafes of account or in-
fons may~be ap- tricacy which (hall happen in any of the faid courts within this State, it (hall and may
pointed to esa- be lawful for either party after the caufe is at iffue to apply by petition or motion to
a ftatement of tne judge or judges before whom the faid caufe is depending, and to pray that the
the fame to lie fame be referred to two intelligent and indifferent perfons in the vicinity, the one to
jury. be chofen by the petitioner, and the other by .the oppofite party, if fuch party (hall
agree to do fo, but if not, then by the court •, and the whole matter in difpute (hall
be fully confulered by the faid two perfons as foon as conveniently may be thereafter,
and they (hall, to the bed of their knowledge and ability, make a juffc date and true
account thereof, with their opinion of the merits fully expreffed, and return the
fame to the court without lofs of time; and the faid (late and account with the
Provifo. opinion of the faid two perfons, (hall, on the trial of the faid caufe, be laid before
This mode fliall the jury, who (hall be allowed to pay what regard thereto they fliall think proper.
continue until a . , , , . inn • -i 1 • 1
depreciation ta- Provided neverthetefs, JLhat this mode (ball continue until a proper depreciation table
bio (hall be for- cQr t^e fettlement of matters of account and intricacy (hall be formed and eftablifhed
rued and no 4
longer. by law, and no longer.'
VII. And be it further enatled, That in all cafes whatsoever., demurrers, fpecial
cial pleas in a- pleas in abatement, and all unneceffary prolixity and nicety, (hall as much as poffible
batetnetrt, pro- be difcouraged by the feveral courts within this State ; the general iffue (hall be ufually
iixitynnd nicety ' r r r> 1 • 1 1 • r 1 it r
fliall he difecu- pleaded, and all matters of fact which go to the merits ol the diipute, and are for
raced by the tjie advancement of iuftice between the parties at variance (hall be allowed to be
courts J , l
General iffue to given in evidence under the faid plea, though not coming within the (trier, rules of
beufuallypkad- former practice 3 and in every cafe it (hall be at the discretion of the court to admit
parties to avail themfelves of fubftantial advantages as well by motion as if the fame
had been brought on by a formal plea.
Attachments to VIII. And be it further enacted. That nothing in this a£t contained, fliall extend or
be proceeded in be conftrued to extend to the cafe of attachments, further or otherwife than to open
the courts for the fame, and then to leave the' faid attachments on the fame footing
as they formerly flood, both in refpect to the manner of commencing and the mode
of proceeding in the fame, as well before as after judgment obtained.
That the flatute ^" And whereas ti\z comxXs ol juftice in this State have been greatly interrupted
of limitations in their proceedings fince the firft day of July, in the year of our Lord one thou fan d
r^rvlry0 oViuFt feven hundred and feventy-five, and it may happen that the (tatute of limitation will
Sep1*.- bar the recovery of many juft debts, which could not be fued for fince that tune ;
Be it therefore enacted^ 1 hat the fpace of time* intervening between the faid firft day
of
* The time further extended by acl; of 1788, No. .587.
LAWS OF GEORGIA.
■of July, one thoufand feven hundred and feventy-five, and the twelfth day of July
iafl paft, fliall not in any cafe or upon any bond, contract book-debt or other agree-
ment be counted on or allowed to reckon as a part of the time allowed for the reco-
very of debts within the faid flatute of limitations, but in all cafes the time interven-
ing between the faid two periods fhall be rejected, and taken out of the computation
in refpect to fuch debts, contracts, book-debts, and other agreements.
X. And be it further enaBed, That this act fhall be a public act, and fhall he con-
fidered and held as fuch in all courts within this State, without being fpecially pleaded,
and fhall receive the moft liberal and beneficial conftructions for carrying the fame
into effect.
JAMES HABERSHAM, Speaker.
Savanna!?, Augufl 5, 1782.
An AH for the taking the name of William Stephens from and out of the amercement law
of this State, and for the refloring him to ell the rights, privileges, and immunities of
a free citizen.
Savannah, February 8, 1783.
Private.
2*7
A. D. 1782.
No. 270.
The fpace of
time between
ift July, 1775,
and 12th July,
1782, fhall not
be reckoned in
the computation
Public a<fh
A. D. 1783.
No. 271.
An AB for empowering a lefs number of commiffioners to be a board
than is mentioned in the aSi paffed at Augujla on the fourth day of
May one thoufand feven hundred and eighty- tivo, far i?if idling pe-
nalties on-, and confifcating the eflates of fuch perfons as have been
guilty of treafon againjl this State-, and for other purpofes therein
mentioned,
WHEREAS in and by the act paffed the fourth day of May one thoufand
feven hundred and eighty-two, entitled " An act for inflicting penalties
on, and confifcating the eflates of certain perfons, and for other purpofes therein
mentioned" commiffioners were appointed for carrying the fame into execution and
were inverted for that purpofe with fuch powers as are therein fet forth and con-
tained. And whereas the faid law declared a majority of the faid commiflioners
competent to proceed on the execution of the fame, and it is now manifefh the in-
tentions of the law are retarded and prevented by the difficulty of getting together
a majority of the commiflioners fo appointed to proceed to bufinefs, Be it enabled by
the rtprefentatives of the freemen of the State of Georgia in general affembly met, and by
the authority of the fame, That from and immediately after the paffing of this act,
Charles Odingfells, Hugh Lawfon, and Abraham Ravott or a majority of them fhall
be and they are hereby declared commiflioners fully eftablifhed and inverted with all
.and every the powers and authorities, a majority of the whole of the faid commif-
fioners named and appointed in the faid law were by the fame actually invefted and
No. 27 a,
Preamble.
Enacted.
Three commif-
lioners named;
invefted, under
certain reftric-
tions, with all
the powers of
thofc under the
confiscation act.
K k
empowered
258
DIGEST OF THE
A* D. 1783. empowered with, except the proceeding to fale of confifcated real eftates, and except
No. 27*. the fale of confifcated perfonal eftates without the fanction, concurrence arid order
of his honor the governor and executive council for the time being, fhall be firfh
had, obtained and given for the fale of fuch confifcated perfonal eftates only, any thing
in the faid confifcation law aforefaid to the contrary thereof contained nctwith-
ftandinp;.
II. And be it further enabled by the authority aforefaid. That all and every power
and powers derived by any of the commiffioners except Charles Odingfells, Hugh
Lawfon, and Abraham Ravott, by, from or under the confifcation act paffed at
Augufta as aforefaid, is and fhall immediately after the palling of this act be an-
nulled and declared void, any thing in the faid confifcation act to the contrary
notwithstanding.
III. And.be it further enacted by the authority aforefaid, That his honor the governor
by and with the advice and confent of the executive council, fhall be and he is
hereby empowered to give his fanction, concurrence, and order to the faid commif-
fioners on any preffing exigency of the State to proceed to fale of fuch confifcated
perfonal property, as fuch exigency may require, on fuch terms as may appear to-
them to be moft advantageous for the State.
IV. And be it further enabled, That Charles Odingfells, Hugh Lawfon, and Abra-
ham Ravott, commiffioners as aforefaid and hereby appointed, fhall be and they
hereby are inverted and authorifed with all and every the powers and authorities, the
majority of the commiffioners named and appointed in and by the faid confifcation
law were and are inverted with, by an act paffed the fifth day of Auguft laft paft,.
entitled " An act for the amercing feveral perfons therein named^ and for other
purpofes therein mentioned ;" any thing in the faid amercement law to the contrary
thereof contained notwithstanding.
Public a&. V. And be it further enabled, That this act fhall be a public act> and given as
fuch in evidence.
N. W. JONES, Speaker..
Savannah* February 8, 1783.
The powers
thereby given to
the other eoat-
miffioners de-
clared void.
Governor and
council may di-
rect fales ofpei-
fonalpropeny.
The above com-
miffioners in-
verted with the
authorities giv-
en to a majority
under the a-
merceme.nl act.
No. m- An Aft for opening the land office-, and for other purpofes therein men-
tioned.*
WHEREAS it will tend much to the benefit and advantage of this State that
the unlocated lands within the fame be granted out, and that all due encou-
iand office o- ragement he given to the immediate fettlement thereof, Be it therefore enabled by the-
psned. reprefentatives of the freemen of the State of Georgia in general affembly met, and by the au-
thority of the fame, That from and immediately after the paffing of this act, the land
office fhall, and the fame is hereby declared to be opened and all and every perfon and
perfons applying for land agreeable to the terms herein after mentioned, fhall be enti-
tled
* Some part of this act repealed and. amended by acl of 1783, No. 283-,
LAWS OF GEORGIA.
*59
tied to a grant of the fame, that is to fay, each matter or head of a family fhall be
allowed as his own head right, and without any other or further charges than the
office and furveying fees, two hundred acres ; and fuch perfon fhall alfo be permitted
to purchafe at the rate of fifty acres for each and every head right in his family, on
the following terms, that is to fay, f one {hilling per acre for the firft hundred acres,
and one (hilling and fix-pence per acre for the fecond hundred acres, two (hillings per
acre for the third hundred acres, and two (hillings and fix-pence per acre for the fourth
hundred acres, and fo on in the fame progreffion according to the number of head
rights in fuch family. Provided, The quantity of land granted and fold to any one
perfon (hall not exceed one thoufand acres, and that fuch perfon do live on, and cul-
tivate a part of the faid land, twelve months before he or (lie (hall be entitled to a
grant for the fame.:}: And alfo further provided, That fuch perfon hath not heretofore
received the head right for which he or (lie then applies, either under the prefent or
former government within this State.
II And whereas this State hath made engagements to the foldiery and other troops
which in juftice they ought to fulfil, Be it therefore enabled, That in cafe any officer
or foldier or other perfon claiming under fuch engagements as aforefaid, (hall produce
a certificate from his honor the governor for the time being, that a tract or trails of
land is or are due to him, that then fuch officer, foldier or other perfon fhall be enti-
tled to a warrant and grant for any unlocated lands (agreeable to the quantity contain-
ed in his certificate) within this State.
III. And be it further enabled, That every perfon applying by head rights as afore-
faid, (hall previous to his obtaining a grant for his land, or having it in his power to
-difpofe of the fame, (otherwife than by will) fettle and improve a part of fuch tract or
tracts as he may obtain a warrant and furvey of, for the fpace of twelve months as
aforefaid, and fhall actually cultivate and clear at the rate of three acres at lead for eve-
ry hundred acres of the faid land.
IV. And be it further enabled, That there (hall be a furveyor general for the State,
and alfo a *furveyor for each county annually chofen by the legeflature, and fuch coun-
ty furveyor fo elected (hall have power to appoint one or more affiftants, if neceffary ;
and the aforefaid county furveyor, or his affiftant or affiftants, are hereby authorifed
to lay out and furvey to any perfon or perfons who fhall apply, all fuch lands as he,
(he or they may have obtained a warrant for, and the faid county furveyor is hereby
required to keep an office in that part of the county where the fuperior court is holden j
in which faid office fhall be recorded all fuch plats or furveys belonging to fuch coun-
ty as (hall be made within two months from the date of the warrant, and the faid
county furveyor (hall alfo tranfmit to the furveyor general a fair copy of the fame,
together with the warrant, within three months from the date of the latter, and the
furveyor general (hall record fuch plat in his office, and when, and as foon as the full
confideration money for the faid land (if granted on purcliafe as aforefaid) together
with
A. D. 1783.
No. 273.
Head rights-
head of a family
allowed 300 a-
cres without
further charge
than office fees,
and to purchafe
for the reft of
his family.
Provifo.
Not more than
1000 acres to he
granted to any
one perfon who
fhall live on and
cultivate a part
thereof twelve
months before
he is entitled to
a grant.
Engagements to
the foldiery.
The governor
to grant war-
rants on officers
and foldiers cer-
tificates for land
agreeably to the
quantity con-
tained in each.
No perfon to ob-
tain a grant on
head rights, or
tofelllandwith-
out actual fct-
tlementandcul-
tivation of at
leaft 3 acres for
every hundred.
Surveyor gene,
ral for the State,
and a furveyor
for the refpec-
tive counties to
be annually ap-
pointed by the
jegiflature.
County furvey-
orsto lay out on
warrants all
U misapplied for
within their
county.
The manner of
paffing the fame
into grants.
f May be paid in audited certificates by act of 1783, No. 283, fcft. 3. By act of 1784, No.
the purchafe money for land in Franklin and Wafhington payable only in gold and filver.
\ Settlement and cultivation not neceffary. See act of 1784, No. 289, feci:. 17.
* Now elected by the people in each county. See act of 179a, No. 475, fcct. 47.
189, feci;. 6,
160 DIGEST OF THE
A. D. 1783. with office fees fhall be paid, the faid furveyor general fhall record fuch plat in his.
No. 273. office, and pafs the original into the fecretary's office for a grant thereof to be made
out and figned by the governor, or in his.abfence by the prefident for the time being,
when the party fhall be entitled thereto under the terms aforefaid; and the faid grant
when figned as aforefaid fhall be returned to the fecretary's office to be there fealed;
with the great feal and :{; registered ; and then after the fame fhall be tranfmitted ta
its proper county, and lodged in the office of the county furveyor, to be there
Provlfo. recorded, and then delivered out to the grantee :.. Provided always. That in cafe the-
Purch^e money conflcieration money for any lands granted on purchafe fhall not be paid into the
and omce fees * J ° L r
not being paid treafury, and a certificate thereof lodged with the furveyor general, (which fhall
fromdie'dafeQf ^e t^ie ProPer mode of paying all purchafe monies for lands granted under this act):
the warrant the and alfo all office fees paid within *twelve months from the date of the warranty
lapfed. then, and in fuch cafe the land -mentioned and contained therein fhall be deemed;
lapfed and liable to be granted out to any other perfon who fhall apply for, and prove-
rights agreeable to this lav/ for the fame. And aifs provided, In cafe any caveat
fhall be entered againft the paffing of any grant, that then the figning and fealing of
the fame fhall be ftayeci until the determination of fuch court...
Caveats againft V. And be it further enafied, That all caveats againft the paffing of grants, fliall?
craitfsto be en- he entered in the office of the county furveyor where the land lies, who fhall give*
tered in the notice thereof by advertifement, in the moft public place of the faid county, at leaffc
or's office, who thirty days before a final determination is had on fuch caveat > and the manner of;
is to give 30 trying fuch caveats fhall be as follows : The juftices of the county, or any three of
tice thereof. more of them, fliall, on the day fucceeding the day on which they meet for the pur-
Ihe manner of r £ granting warrants for land, caufe to be drawn and fummoned out of the-
laying the farae. -r & o »
County furvey- by-ftanders (being freeholders within this State) a jury of twelve men, who being;
knonthl^all * ^uty ^worn to try the matter according to law and equity, fhall immediately proceed:
plats with, the to try and give their verdict thereon, which fhall be final and conclufive;f and the;
an^jfccount^of fa*d county furveyors fliall once in every month, when, they reflectively tranfmit to
all caveats to be the furveyor general fair copies of plats, together with warrants as before directed,;
governor. alfo tranfmit and fend to the faid furveyor general a regular account of. all caveats,
depending or determined in their -refpectiv.e counties, in order that the fame may,,
from time to time, be laid before the honorable the governor and executive council,,
as a guide in refpect to the figning of grants.
A majority of yi. And be it further enafted, That a majority § of the juftices belonging- to . each'
county tmpow- county fhall be empowered, and they are hereby required, on the fkft Monday in;
juftices in each
c
ered to iffue each month, and for as many days immediately following as they fhall find it necef-
warrantson firft r
Mondayin each fary, to hold a court (at the place where the tupenor courts 01 iuch county are uiually,
m™th at the ^gjj) for the purpofe of receiving applications for lands, and. according to juftice-
fuperior courts. ancfe
I Not necefiary to be regiftered. See act of 1786, No, 325, feci. a-.
* The time of payment extended by act of 1785, No. 310, feet. 3.
f Appeal allowed to the governor and, council by act of 184, No. 189, feet, \o. See alfo 16th fection.
§ By act of 1783, No 383, feci. 2. Any five including an affiftant juftice may hold land-court. The
fame powers veiled in three or mors common juftices. Warrants to be figned by them.all, by act of 1785,.
No. 4»a.
LAWS OF GEORGIA. z6t
and the true intent and meaning of this act •,' they, the faid juftices, or a majority A- D. 1783;
of them, (hall order warrants to iffue, and the fame fhall be figned, by the fenior JSo" 272'
juftice then prefent, and attefted by the clerk, commanding and requiring the county tj,^ fenf0nre \nJ,
furveyor to layout and admeafure fuch tract or tra£ts of land within their refpe£tive tice prefent and
counties, as they fhall think fit to grant under the terms and directions contained in tierk.
this law.
VII. And be it further enacted. That all and every perfon and perfons before he, Perfons apply--
fhe, or they fhall obtain a warrant or warrants for any land within this State, (hall, areto befwom
on oath declare, before the faid iuftices holding; a court as aforefaid, that he, fhe or b,efore the j"f-
- tices.
they hath, or have not taken up or obtained land in this State for the head rights or
any of them at that time applied for. And alfo that he, fhe or they doth, or do not The oath.
hold, nor have had granted under the prefent or former government to him, her or
them, on head rights as aforefaid, any quantity of land exceeding one thoufand
acres, nor more land than together with what is at that time applied for, will make
a quantity exceeding one thoufand acres ; and fuch perfon or perfons fliall alfo, at
the fame time, produce a certificate figned by two or more juftices of the county
he, fhe or they laft refided in, or fuch other credentials as will fatisfy the court of Atlc5 '7 produce-
the honefty and integrity of the perfon or perfons fo applying, and thereafter the their honefty-
faid warrant fhall ifTue, figned and attefted as aforefaid, and run in the following andinr-e£nty-
form : " By the court of juftices for the county of To A. B. county Jurveyor for the Form of war-
faid county. You are hereby authorized and required to admeafure and lay out, or caufe
to be admeafured and laid out unto G. D. a traEt of land which fhall contain acres
in the faid county of (here defcribe the buttings and boundings of the land as
particularly as may be) taking fpecial care that the fame has not heretofore been laid out'
to any other perfon or perfons , and you are hereby alfo directed and required to record the
plat of the fame in your office, and tranfmit a copy thereof, together with this warrant,
to the Jurveyor general, within the term of three months* from this date.
Given under my hand as fenior jufiice of the faid court, this day of 178 ."
Villi And be it further enabled, That the clerk of the faid court of juftices fliall clerks of thee
keep a regular book of entries of all applications made and warrants iffued, fpecify- iand courts to
ing the buttings and boundings of the lands contained in the fame ; and the feveral books of entry,
county furveyors fhall, previous to their entering on the execution of their office, County furvey-
take and fubfcribe the following oath before two or more of the juftices of the county
to which they refpedtively belong. " /, A. B. do folemnly fwear, that I will, to the ffff ° t lC
beji of my fkill and knowledge, dif charge the duty of furveyor for the county of and'
that I will not admeafure, furvey or lay out, or knowingly admit of, or caufe to be admea-
fured, furveryed or laid out, any land without a warrant ft if obtained for thatpurpofe."
And fuch county furveyors refpe£tively, fhall give- bond with approved fecurity, in And give bond
the penal fum of five hundred pounds fpecie,j- to his honor the governor for the the governor iu
time being, conditioned for the good behavior in office, and true performance of the penalty of
the £5°°'
* Extended fix months by adl of 1785, No. 304, fed. 8. Further extended by act of 178.6, No. 32J.—
Warrants never out of date, if furveyed within two years.
j- Altered to £?.coo by acl of 1789, No. 422, feci. 4.
202
DIGEST OF THE
A.D. 1783.
No. 273.
Their duty
punctually to
carry into exe-
cution all orders
and inftruclions
of the furveyor
general ;
And to f wear all
chain carriers.
All warrants if-
fued fiuce the
revolution, and
furveys there-
upon to be re-
turned to the
court ©f juftices
where the land
lies, fubject to
their order.
To be a rule with
the julHces and
iu'veyors, that ci-
tizens entitled on
29th Decern. 177H,
tij grants of lands
already run, b> a-
ny la-v or ordtr of
the prefent go-
vernment il 1 ail I re-
ceive fucli giants
free of further
c harge than office
fees.
Proclamation of
1778, inviting
l'tttlers.
Perfons bona fide
entitled to
grants of land
under the terms
of tht fame, and
who have fixed
fome mark of
poffeffion there-
on, or their le-
gal representa-
tives, to have
preference,
without further
charge than of-
fice fees.
All furveys be-
yond the tem-
porary bounda-
ry line declared
vsid.
the truft repofed in fuch furveyor ; which faid bond fhall be taken in and by the farfk
court of juftices which fhall convene and fit after the appointment of fuch county
furveyors refpectively, and the fame fhall be immediately tranfmitted to his honor
the governor, liable to be put in fuit in cafe of any mifbehavior in the faid county
furveyor j and it fhall be a part of the duty of fuch county furveyors, punctually
to obferve and carry into execution all fuch orders and inftruclions as they fliall from
time to time receive from the furveyor general, and to fwear or caufe to be fworn,
all chain carriers within their refpe£tive counties.
IX. And be it further enaEled, That all warrants heretofore (that is to fay fince the
revolution) obtained for vacant land and furveys, that have been made in confequence
of fuch warrants, within the prefent temporary boundary line between the white
inhabitants of this State and the Indians, fhall be delivered in to the court of juftices
of the county where fuch land lies, who fhall make fuch order to the county furveyor
refpecting the fame as the nature of the cafe may require, and as to juftice fhall ap-
pertain. And it fliall be a Handing rule with the faid court of juftices and county
furveyors, and all others concerned in the execution of this law, that in all and every
cafe where any perfon or perfons whatfoever, or his legal reprefentative or reprefen-
tatives (being at this time a free citizen or citizens of America) was or were on the
twenty-ninth day of December, in the year of our Lord, one thoufand feven hun-
dred and feventy-eight, entitled by any law or order of the prefenr government, to
a grant of lands already run and located by fuch perfon or perfons, that in all and
every fuch cafe the faid grant fliall now actually pafs, and be figned and fealed with-
out any further or other additional charges or incumbrances (in confequence of this
law) upon the fame, except office fees.
X. And ivhereas% in the year of our Lord, one thrtufand feven hundred and
feventy-eight, there was iffued by the authority of this State, a proclamation invit-
ing fettlers to migrate into the fame, in confequence whereof many perfons did
actually come into the State and fat down on pieces or parcels of vacant land, for
which they meant to apply for grants under the terms of the faid proclamation j but
by reafon of the confufions which have fince taken place, they, the faid perfons,
have not been able as yet to obtain or take out fuch grants, Be it therefore enaSled,
That on all and every cafe where it fhall appear, that any perfon or perfons is or are
really and bona fide entitled under the terms of the faid proclamation, to any grant or
grants whereon he, fhe or they have fixed fome mark of poffeffion within the prefent
temporary divifion line between the white inhabitants and the Indians, that he, fhe
or they fo entitled as aforefaid, or his, her or their legal reprefentative or reprefenta-
tives, fhall have the preferencef on application for the faid land, to all and every
other perfon or perfons whatfoever, and there fhall not be any other or further charge
(except office fees) on the faid land, than was to have been paid on the fame, at the
time fuch perfon or perfons took poffeffion thereof as aforefaid, any thing in this a£l
contained to the contrary thereof in aRywife notwithftanding.
XL And be it further enabled, That all furveys which have or may have been made,
or lines run by any means or under any pretence whatfoever, beyond the prefent tem-
porary
f See aft of 1785, No. 304, feci. 7, as to right of preference in cafe of two grants.
LAWS OF GEORGIA, 263
porary line within this State, between the white inhabitants and the Indians belonging A. D. 1785,
to the fame, or on any part of the lands not already laid out into counties, but No. 273-
allowed to remain as hunting ground for the Indians at prefenr, {hall, and the fame
is and are hereby declared to be null and void to all intents and purpofes, as though
fuch furveys or lines had never been made ; and all and every perfon or perfons-
whatfoever who {hall hereafter furvey, or affift in furveying, or procure to be J"e ^liinTor
furveved and marked with lines, any of the lands above defcribed whereon the attempting to
Indians are allowed to hunt for their fupport, or who fhall obtain, or attempt ve^to "forfeit
to obtain a grant for the fame, before fuch lands are taken within the boundary 2°f- for evei7
of the white inhabitants of this State, and the mode of granting fuch lands fo to De recovered
pay.
committed to
ga
be taken in, be agreed and determined on by the legiilature, and publifhed by pro- *nd app^d. On
clamation ; and all and every fuch perfon and perfons fhall forfeit and pay a penalty mem ma
of twenty millings* for every acre of land he, fhe or they fhall fo run or attempt to com.n
run, or obtain or attempt to obtain a grant for, which faid penalty fhall be recovered
in any court of record or confidence (according to the amount thereof) within this
State, and fhall be for the ufe of any perfon or perfons who will inform of and fue
for the fame, either by way of information or action ; and if the perfon or perfons
againft whom a judgment fhall be obtained for any penalty as aforefaid, fhall be
unable to pay the fame, or will not produce property whereon the IherifF may levy
to the amount thereof, he, {he or they fhall be liable, and the juftices of the county
where fuch caufe {hall be tried, lhall order him, her or them into clofe confine-
ment, without bail or main-prize, for the fpace of two days for every twenty
{hillings, the faid penalty fo recovered as aforefaid, {hall confift of, and which fhall
remain unpaid out of the property of the faid delinquent.
XII. And be it further enabled, That the following fhall be the formf of grants Thc r°rm of
of land within this State : "
GEORGIA,
By the Honorable A. B. Efquire, captain general, governor and commander in chief in
and over the State.
To all to whom thefe prefents fhall come, GREETING:
jIlXUU VU jst^v > That in purfuance of the ail for opening the land office, and by virtue
of the powers in me vefied, I have by and with the advice and confent of the honorable the
executive council given and granted, avd by thefe prefents in the name and behalf of the
faid State, do give and grant unto C. D. his heirs and ufftgns forever, all that tracl or
parcel of land containing acres, ftuate, lying and being in the county of
in the faid State, and butting and bounding having fuch
Jhapes, form and marks as appear by a plat of the fame hereunto annexed ; together with
all andfingular the rights, members and appurtenances thereof whatfoever, to the faid tract
or parcel of land belonging or in any wife appertaining ; and alfo all the efaie, right, title,
interejl, claim and demand of the State aforefaid, of in or out of the fame, to have and
to
* Additional penalties impofed by atfl of 1787, No. 381, l'edt. 2. See alfo ads of 1785, No. 304, fed:,
J, and of 1786, No. 325.
t The governor empowertd to direct the form of grants by ail of 1789, No. 433.
264 DIGEST OF THE
A. D. 1783. to hold the faid traEt or parcel of land ', and all andftngular the premifes aforefaid, with
No. 273. their and every of their rights, members and appurtenances, unto the f aid CD. his heirs
and off/gas, to his and their own proper ufe and behoof forever, in fee fimple.
Given wider my hand, in council, and the great feal of the faid State,
at this day of in the year of our Lordt
I 7 8 , and in the year of American Independence,
Signed by his honor the governor in council.
E. F. clerk council, the day of 178 .
That perfons XTIL And wherens it may fo happen that perfons emigrating from elfewhere and
difpofed to fet- difpofed to fettle in this State, may not be fufEciently acquainted with the limits and
maybeacquain- boundaries of the fame; and furveyors may wilfully or ignorantly commit miftakes
ted with the li- m the running of lines, unlefs the faid limits and boundaries be made known to them:
daries thereof, In order therefore to inform and encourage all perfons difpofed to migrate into this
anCft 1° prcve,nt State, to prevent miftakes and to remove every pretence for fraud in furveyors 'and
ranniiigof lands others intrufted with the execution of this law, Be it enabled, ordained and declared
by the authority aforefaid, That the limits, boundaries, jurifdicVion and authority of
the State of Georgia, do and did, and of right ought to extend from the mouth of
the river Savannah, along the north fide thereof and up the moft northern ftream or
fork of the faid river, to its head or fource ; from thence in a due weft courfe to the
river Miffiffippi, and down the faid ftream of the Miftiflippi to the latitude thirty-one
degrees north j from thence in a due eaft courfe to the river Apalachicola or Chata-
hoochee, and from the fork of the faid river Apalachicola, where the Chatahoochee
and Flint rivers meet in a direcl; line to the head or fource of the fouthernmoft ftream
of the river St. Mary's, and along the courfe of the faid river St. Mary's to the At-
lantic ocean, and fiom thence to the mouth or inlet of the river Savannah, including
and comprehending all the lands and waters within the faid limits, boundaries and
jurifdi£tional right, and alfo all the iilands within twenty leagues from the fea coaft.
And all juftices of the peace, furveyors, militia, and other officers and perfons of
any defcription or denomination whatfoever, are hereby enjoined and required, and
fully authorized and empowered to hold and confider the faid limits, boundaries and
jurifdi&ional right above mentioned, expreffed and defcribed as the true and juft
limits, boundaries and jurifdidHon of the fovereign and independent State of Georgia,
as fecured to the inhabitants and free citizens thereof, by their charter, and guaran-
Provifo. teed as well by the articles of confederation as by the treaty of alliance with his moft
No furveyor or cnriftian majefty. Provided nevertheless, That nothing herein before contained, (hall
other perion is J J .
empowered to extend or be conftrued to extend, to authorize or empower any furveyor or other
d^n^lnmin" Psr^"on or Perfons whatfoever, to furvey, run or make lines upon the lands before
grounds until defcribed, as being allowed to the Indians for hunting ground, or any part or parcel
^anTed°by the thereof, before or until permiflion for that purpofe (hall be granted by the legislature,
legiilature. and made known by proclamation.
Surveyor gene- XIV. And be it further enabled, That the furveyor general and all county furveyors,
furveyorsC°how ^a^ (as nearty as may be) be governed and directed in the execution of all warrants,
to be governed and in making their furveys by the known rules, laws and cuftoms of this State, in
and diretfted. . . , - ,
regard
LAWS OF GEORGIA.
265
regard to fuch bufinefs, in fo far as the fame may be made to confift with this law, A. D. 1783.
the revolution in government, and the true interefl of the republic, as fliall from No- 2?^
time to time be exprefled by its legiflature or executive body. Rules, laws,
r ' ° ' &.c. to be made
N. W. JONES, Speaker. known to them
Savannah, February, 1783. [^ *& £
giflature or exe-
ii 1 ■■«! cutive body.
An Acl to point out the mode for the recovery of property unlawfully
acquired under the Britifh* ufurpation^ and withheld from the
rightful owner s ; and for other pur pofes therein mentioned,
WHEREAS during the Britifh ufurpation in this State, divers perfons under
and by virtue of certain fales or other acTs made and done under the preten-
ded authority of the faid ufurpers, became pofTefled of negroes, houfehold goods and
other property belonging to fome or other of the faithful citizens of this State. And
whereas, notwithstanding it is well known to fuch perfons, that on the reftoration of
lawful government, all acts, matters and things done under the pretended authority of
an ufurpation became null and void : Yet, neverthelefs fome of the faid perfons ftill
unlawfully fecrete, and hold and detain from their rightful owners the faid negroes,
houfehold furniture and other property fo acquired as aforefaid, Be it therefore enabled
by the representatives of the freemen of the State of Georgia in general affembly met, and by
the authority of the fame, That in all cafes where any perfon or perfons wbatfoever,
fince the twenty-ninth day of December, in the year of our Lord one thoufand feven
hundred and feventy-eight, hath or have, under Britifh ufurpation, acquired or be-
come pofleffed of any negroes, houfehold goods, or other property not his, her, or
their own, but of right belonging to fome or other of the faithful citizens of this State,
and fo acquired by the faid pofleflbr or pofleflbrs thereof, either by purchafe under
any of the pretended marfhal's fales or other proceedings of the faid ufurpation, or
in any other way, or manner howfoever, other than by the gift or lawful fale of him,
her, or them who was or were the rightful owner or owners thereof on the faid twen-
ty-ninth day of December, one thoufand feven hundred and feventy-eight, or by a
fair title regularly deduced from fuch owner or owners, by him, her or them volun-
tarily made and executed; ( Provided that nothing herein contained fhall extend to eon-
firm any gift or fale made by any perfon named ih the bill of attainder, or of any per-
fon who, during the ufurpation, was or now is a Britifh fubjedt.) That all and every
fuch perfon and perfons fhall within fixty days from and after the paffing of this act
reftore and deliver up to the faid rightful owner or owners all fuch negroes, houfehold
goods and other property fo acquired as aforefaid, in cafe fuch owner or owners be
known and fhall be in the State, or fhall demand, and prove the fame to be his, her, or
their right ; but in cafe fuch owner or owners be not known to the faid pofleflbr or pof-
feflbrs as aforefaid, or fhall not be within this State, then he, (lie or they the faid pol-
feflbr or pofleflbrs fhall deliver into the fecretary's office within the faid fixty days a true
L 1 and
* Sec 6th fedl. of 1785, No. 310,
No. 374.
Preamble.
Enacted.
Property ac-
quired under
Britifli ufurpa-
tion, to be re-
fWed within 60
days to the
rightful owner
if known, un-
known, an in-
ventory thereof
to be lodged in
fecretary's office
or forfeit treble
the value of
fuch property.
How to be ap-
plied.
Provifo.
266
DIGEST OF THE
A. D. 1783.
No. 274.
All fales, &c,
fince the 29th
Decern. 1788,
of realeftate ac_
quired undcr
the authority of
theBritifh usur-
pation declared
void, and fuch
eftates re-vefted
in the proper
owners.
Governor to
give public no-
tification of this
law by procla-
mation— per-
fons failing to
comply with
the fame, fub-
jecT: to criminal
profecution.
Public aifl.
No. 47J.
and juft inventory of all fuch negroes, houfehold goods or other property, acquired
as aforefaid, to the end juftice may be done to individuals ; and the faid fecretary is
hereby directed and required to give free accefs, gratis, to fuch inventory, to all and
every perfon or perfons applying for che purpofe of infpecting the fame. And if any
perfon or perfons fhall neglect or refufe to reftore any negroes, houfehold goods, or
other property belonging to the citizens of this State, and under the description afore-
faid, when demanded, or fhall neglect or refufe to give an account thereof into the
fecretary's office of this State, as herein before directed, all and every fuch perfon or
perfons fo offending, fhall forfeit for every fuch offence treble the value of any fuch
property fo obtained and neglected to be delivered or reftored or regiftered as afore-
faid, to be recovered in any court of record or confcience within this State, by the
perfon or perfons injured or entitled to fuch property, or any other perfon or perfons
lawfully authorifed, and who will fue for the fame in behalf of fuch owner or owners.
II. And be it further enabled, That all pretended fales or transfers of any lands, lots,
or other real eftates, that may have taken place fince the twenty-ninth day of Decem-
ber, one thoufand feven hundred and feventy-eight, and acquired by any purchafer
or purchafers under any pretended marfhal's fales, or otherwife under and by virtue
of the public authority of fuch Britifh ufurpation, are by this act declared to be null
and void •, and fuch lands, lots, or other real eftates, to all intents and purpofes, fhall
and are hereby held as of the eftate and right of the laft lawful poffeffor thereof,
before the commencement of the faid ufurpation, any act of fuch ufurpation to the
contrary notwithstanding.
III. And be it further enabled, That his honor the governor fhall within twenty days
from and after the paffmg of this act, iffue his proclamation, notifying this law, and
alfo requiring, that in cafe any perfon or perfons whatfoever, hath or have, fince the
eleventh day of July laft paft, poffeffed him or herfelf, or themfelves of any negroes,
houfehold goods or other property, not belonging to him her or them, that fuch
perfon or perfons do within the time limited as aforefaid, reftore and deliver up the
fame to the lawful and rightful owner or owners thereof, if an American citizen and
known, or elfe regifter the fame in the fecretary's office as before directed, under
pain of a criminal profecution in cafe of neglect or refufal.
IV. And be it further enacted, That this act fhall be a public act, and given in
evidence as fuch, in all courts within this State.
N. W. JONES, Speaker.
Savannah, February 17, 1 783.
An Acl to a/certain the 'various periods of depreciations/or the govern-
ment and regulation of all and every perfon or perfons whom the
fame may concern.
WHEREAS it is expedient and neceffary, in order to fettle and adjuft the
various accounts fubfi fling, as well between the public and its debtors and
creditors, as between man and man, the inhabitants of this State, and others con-
cerned
LAWS OF GEORGIA. 2S7
cerned in tranfa&ions of bufinefs fince the prefent war, that fome ftandard of depre- A. D. 1783.
ciation, by comparifon between the money formerly circulating and fpecie, {hould No. 275.
be firft afcertained and eftablifhed by law, fo that one uniform courfe of juftice take
place throughout this State : And whereas a fcale or table fixing the depreciation, at
different periods of paper currency, by comparifon with fpecie, hath been framed
and laid before this houfe, which appears to be founded on principles of juftice and
equity : Be it therefore enaSled, by the reprtfentatives of the freemen of the State of Geor- Depredationta-
giain general aflembly met, and by the authority of the fame, That the fcale or table of . e or
depreciation, framed as aforefaid, (a copy whereof is hereunto annexed, duly certi- ed, declared to
fled by the fpeaker of this houfe) be, and the fame is hereby declared to be, the dar^oT^eprc-
ftandard of depreciation, at the different periods therein mentioned, of paper cur- ciation of paper
rency, by comparifon with fpecie circulating in and throughout this State •, and all different peri-
judges, iuftices, juries, auditors, and others, are hereby enjoined and required to ods by compari-
regard the laid depreciation table hereunto annexed as the true rule or government
in the fettlement of all accounts and other tranfaetions (pecuniary or otherwife)
which fhall come before them, or any of them, and to conduct themfelves refpec-
tively according to the true intent and meaning of the fame.
II. And be it further enitled, That this fhall be confidered as a public a£t:, and Public a&.,
taken notice of as fuch, in all courts whatfoever within this State, without being
fpecially pleaded.
N. W. JONES, Speaker.
Savannah, February 17, 1 783.
A Table
:6t
DIGEST OF THE
A. D. 1783.
No. 275.
The table.
A TABLE OF DEPRECIATION
For fettling conlvacls and debts made or due in Georgia currency ft om the fit jl day of Janu-
ary, one thouf.md feven hundred and feventy-J even, to thefirfl day of June, one thoufand
[even hundred and eighty ; and in continental currency, from the firji day of January t
one thoufand feven hundred and feventy-feven, to the firft day of January in the year of
eur Lord one thoufand feven hundred and feve"ty-nine.
Note. — The figures on the right, in each column, are fo many tenths.
*777-
I
Jan.
Feb.
March.
April,
May.
j'anc.
3^$.
Auguji.
Sept
•
Oclobcr I A'of .
Dec.
(OO
112 I
123
1 J35 4
144 4
J53 7
163
173 9l84
8
'95 4226 4
256 4
2
IOO 4
112 5
lZ$
5,135 7
144 8
r54
163 3 174 2185
1
196 4 2*7 4
*57 4
3
IOO 7
112 9
123
9 136
145 ■
154 3 163 7 174 6185
5
197 4228 4
258 4
4
101 I
113 3
124
3;i36 3
'45 3
154 6 164
174 9185
8
198 4 229 4
259 4
5
IOl 5
1,13 7
[24
7 136 6
145 6
l55
164.4175 3l86
2
r99 4,230 4
260 4
6
101 9
114 1
125
1 136 9
HS 9
155 2
164 7 175 6 186
5
2CO 4I23I 4
261 4
7
102 3
114 5
125
5
137 2
146 2
»55 5
165 1
176 186-
9201 4232 4
262 4
8
102 7
114 9
125
9
J37 5
146 5
155 8
165 4
176 3187
2 202 4 233 4
263 4
9
103 1
115 3
126
3
137-8
146 8
156 1
165 8 176 7'i 87
6 2°3 4234 4
264 4
10
*°3 5
115 7
126
7
138 1
147 1
156 4 166 1
177
187
9204 4235 4
265 4
1 1
103 9
116 1
127
1
138 4
'47 4
156 7
166 5
177 4188-
3 205 4 236 4
266 4
12
lc4 3
n6 5
127
5
*38 7
H7 7
157
166 8
177 7
188
6 206 4 237 4J267 4
*3
104 7
116 9
127
9
'39
148
•57 3
167 2
178 1
.89
207 4238 4268 4
H
105 1
117 2]
128
3
L39 3
H8 3
'57 6
167 5
178 4189
4
208 4j«39 4,269 4
J5
105 5
,17 6
128
6
139 6
148 6
x57 9
167 9
178 8189
7
209 4240 4270 4
16
105 9
118
129
!39 9
148 9
158 2
168 2
179 1J190
j
210 4241 4271 4
J7
106 2
118 4
129
4
140 2
149 2
158 5
168 6
179 5}9° 4
211 4242 4
272 4
18
106 6
118 8
129
8
140 5
H9 5
158 8
168 9
179 8(i9d
8
212 4^43 4
273 4
J9
.07
119 2]
I30
2
140 8
149 8
[59 1
169 3
180 2191
1
213 4(244 4
274-4
20
107 4
119 6j
ISO
6
141 1
150 1
*J9 4
169 6
180 6191
5
214 4245 4
2^5 4
21
107 8
1
120
131
141 4
J5° 4|JJ9 7
170
180 9191
8215 4' 246 4
276 4
22
108 2
120 4
l3!
4
141 7
150 7 160
17° 3
181 3192
2216 4^47 4
277 4
23
108 6
12c 8
I31
8
142
'51
160 3
170 7
181 6192
5217 4^48 4
278 4
24109 !
121 2
132
2
142 3
151 3160 7
i7t
182
192
9218 4^49 4
279 4
25109 4
121 6
132
6
142 6
151 6161
171 4182 3193
2219 4250 4
280 4
26' 1 09 8
122
133
142 9
151 9161 4
171 8 182 7
193
6220 4*25 1 4
281 4
271110 2
122 4
133
4
H3 *,
152 2161 7
.72 1
183
J93
9221 4J252 4
282 4
28J1 10 6
122 8
133
8
»43 5!
152 5,162
172 5
183 4194
3 222 4J253 4
283 4
*9in
'34
1
H3 8.
152 8.162 4
172 8
183 7,194
6223 4J254 4
284 4
56,11-1 4
*34
5
144 1
153 iji62 7
i73 2
184 iji95
224 4 255 4
285 4
3*
in 7
'34 9
i
153 4
i73 5 184 4!
225 4)
286 4
1778.
LAWS OF GEORGIA.
269
A. D. 1783,
No. c--.
i;78.
1 287
2289
329<
4293
5;295
6J297
7,299
8301
9303
10305
12309
i3'3ii
i4'3J3
i5'3>5
i63>7
17^319
18321
i9323
20325
21327
22 328
33°
332
334
336
27'338
28 340
29 242
3° '344
3 ' 346
*3
24
26
F.4.
348
35°
35*
354
356
358
3J360
3362
364
366
368
370
372
374
\316
1 378
1380
o 382
o'384
0386
o!388
9^9°
9 392
9394
9,396
9 398
400
8 4.02
8
March. April.
404
4C6
408
6;4io
6412
6;4i4
6416
5418
5420
5422
424
427
429
43 i
433
435
437
439
441
443
445
447
449
452
454
456
458
460
462
464
466
1 468
1470
2 472
3474
4477
5479
6481
6483
7485
8487
9J489
0491
* 493
2 495
2,497
May.
500
502
504
506
508
5IO
512
5H
516
518
520
522
525
527
529
7531
8,531
953i
9 531
0530
»53°
53°
53°
53°
53°
53o
53°
?|53°
8j53°
9J53°
o,53o
0530
529
529
3^29
4 5*9
5529
6529
6529
7(529
8,529
9,529
0529
1529
2529
15*9
528
528
528
528
528
528
528
528
528
528
528
527
527
527
527
527
527
527
527
527
527
6|52 7
5|527
4526
4526
3526
2I526
J,526
O C26
r ,
0 526
9!
July.
526
$26
$16
5*7
527
5*7
527
5*7
528
528
528
528
528
529
7|529
6,529
5529
5
4
3
2
1
o
9
8
7
7
7
6
6
529
53°
53°
53°
53°
53°
531
53 »
53i
53i
53»
532
532
532
Augufi.
532
532
533
533
533
533
533
534
534
534
534
534
535
535
535
535
535
536
536
536
536
536
537
537
537
537
537
538
538
3|53«
5I538
Sept.
538 '
538 i
539
539
539
539
539
539
539
54°
540
540
540
540
54°
541
541
541
54 »
54r
54 *
542
542
542
542
542
542
543
543
543
laokr
543
543
543
543
544
544
544
544
544
544
545
545
545
545
545
545
546
546
546
546
546
546
547
547
547
547
547
o|547
'547
3548
1548
Nov.
548
552
556
560
564
568
573
577
581
585
589
593
597
601
605
609
614
618
622
5J626
71630
8634
0638
642
3646
650
654
659
663
667
l)e.
67I
675
6J679
683
687
69I
695
7OO
704
708
712
7 [6
720
724
728
9,73*
736
740
745
749
753
757
761
765
769
773
777
781
786
79o
794
3
4
5
6
/
8
9
(3
1
o
3
3
4
5
6
7
8
9
o
1
2
3
4
5
6
7
8
9
o
1
2
i . . \
ni9-
/
270
DIGEST OF THE
A. D. 1783.
No. 275.
1779.
,Jan-
1596
606
1616
1627
1637
1647
1657
1667
1677
1687
1698
1708
1718
1728
X738
16 1748
17 17.58
18
*9
20
22
22
33
24
25
26
27
28
29
30
?i
I
2
3
4
6
9
10
II
12
J 3
14
15
1769
J779
1789
1/99
1809
1819
1829
1840
1850
i860
1870
1880
1890
1900
Feb.
1911
1923
«935
1947
19 5 9
1971
1983
1995
2007
20 1 9
2031
2043
055
2067
2079
2091
2103
2115
2127
2139
2151
2163
2175
2187
2199
22 1 1
2223
2235
March. April
2247 4
2258
2269
2280
2291
2303
23 aj
2336
2347
23J8
2369
2380 6
2391 (>
2402 8
02413 81 25 79
0.2425 o 2578
2591 4
2590 6
1589
2589 o
2588
2587
1586
2585
1585
2584
>583
2582
2581
2581
2580
May.
2566
2569
2.572
,2374
2 2576
2 J 80
0.2436
0,2447
0 24J8
0^2468
O2480
o|249I
0 2502
0)2513 8
02524 8
o
2
2536 o
2547 o
2558 2
2569 2
2580 4
2577
2577
2576
2575
2574
2573
2573
25 72
2571
2570
2569
2569
2568
2i83
2586
2.588
2591
2J94
2597
2600 o
2602
2605
'June,
2653
2667
2681
2695
2709
2723
2737
2751
2765
2779
2794
«8o8
2822
2836
July. Augujl
2608 4I2864
2611 22878
2614 O 2g92
2616 8'2yo6
2619 612920
3075
3093
3111
3129
3147
3165
3183
3202
3220
3238
3256
3274
3292
3310
2850 2 3328
2'3347
;3365
4 3383
2622
2625
2628
2630
2633
2636
2639 2
2642 o
2644 8
2647 6
2650 4
l934
S948
2962
2976
2990
3004
3oi8
3032
3047
3o6i
3400
3419
3437
3455
3473
3491
35io
3J28
3546
3564
3582
3600
3618
3636
3649
3662
3675
368.7
3700
37»3
37*5
3738
37'5i
3764
3776
3789
3802
3815
03827
3840
3853
3866
3878
3891
39°4
39x7
3929
3942
3955
3968
3980
3992
4006
4019
Sept. \Ottober,
84031
44030
4028
4027
4C25
4024
4022
4021
4OI9
4017
4016
4OI4
4013
401 1
40IO
4008
4007
4OO5
4004
4OO2
4OOI
3999
3997
399°
3994
3993
3991
399°
3988
3987
83985
2 4014
6J4044
04073
4102
4>32
4161
4190
4] 4220 o
4249
4278
43o8
4337
4366
439°
4425
4454
4484
4513
4542
4572
4601
4630
4659
4689
4718
4747
4777
4806
4835
4865
Nov.
4895
4919
4945
4970
4996
5022
5047
5073
5098
5124
5149
5175
5200
5226
5251
5277
53°2
5328
5353
5379
5404
5430
5455
548i
5506
5532
5557
5583
5608
5634
De
4 5660
85695
4'573i
8,5766
4'58oi
5837
5872
5908
_5943
OJ5978 8
6 6014 a
6049
6085
6120
6155
6190
6226
6262
6297
6332
6368
6403
6439
6474
6509
6545
6580
6616
6651
6686
6722
I78C
I
Jan.
Feb .
March.
April.
May.
June.
17
Jau.
Feb.
March.
April.
May.
6756 c
8748 8
9765 O
I 1648 2
16176 2
16229 4
7784 6
9308 8
10734 8
14058 8
16200 6
2
6820 2
8783 8
9825 6
11798 8
16172 0
18
7849 C
9343 8
10795 6
14210 6
16202 6
3
6885 C
8818 8
9886 4
11949. 6
l6l74 O
19
7913 2
9378 8
10856 4
14361 2
16204 4
4
6949 2
8853 8
9947 2
12100 2
16175 8
20
7977 4
9413 8
IO917 2
1451a 0
16206 4
5
7013 6
8888 8
10007 8
12251 0
16177 8
21
8041 8
9448 8
10977 8
14662 8
16208 4
6
7077 I
892? 8
10068 6
12401 8
16179 6
22
8106 0
9483 8
11038 6
14813 4
16210 a
7
7142 c
8958 8
10129 4
12552 4
16181 6
23
8170 2
9518 8
11099 4
14964 2
16212 2
8
7206 A
3993 8
10190 2
12703 2
16183 4
24
8234 4
9553 8
11160 2
15 1 15 0
16214 0
9
7270 6
7028 8
10250 8
12854 0
16185 4
25
8298 8
9.588 8
IIQ20 8
15265 6
16216 0
10
7334 *
^063 8
10311 6
13004 6
16187 2
26
8363 c
9623 8
11281 6
15416 4
16217 8
11
7399 2
7098 8
10372 4
T-3155 A
16189 2
27
8427 2
9658 8
"342 4
15567 2
16219 8
12
7463 4
n%3 8
10433 2
13306 2
16191 2
28
8491 6
9693 8
11403 0
15717 8
16221 6
13
7527 6
7168 8
10492 6
13456 8
16193 0
29
8555 8
9738 8
11463 8
15868 6
16223 6
14
7591 8
7203 8
10752 6
13607 6
16195 0
30
8620 0
11524 6
16019 4
16225 4
15
7656 2
9238 8
10613 4
13758 4
16196 8
31
8684 4
«585 4
16227 4
|6
7720 A
9273 8
10674 2
13909 o|i6r98 8
— «~.
THE
LAWS OF GEORGIA.
271
THE TABLE OF DEPRECIATION,
For fettling contracts and debts made or due in continental currency,
From the firft day of January, one thoufand feven hundred and feventy-nine, to the fivft of June,
one thoufand feven hundred and eighty.
1779.
A. D. 1783.
No. 275.
6
7a».
Feb.
March.
April.
May.
June.
>/>■.
Auguji.
Sept.
Oclobt
r.
Ma1!) ,
Dec.
J
798 3
95S 5
H23 7
1295 7
I283 2
I326 7
1537 6
1818 4
2015 9
1992
8
2447 7
2830 I
2
803 3
96x 5
1129 2 1295 3112^4 6
1333 7
1546 6
1824 7
2015 1
2CO7
4
2459 9
2847 8
3
808 4
967 5
1 134 8
1294 9 1286 0
1340 7
1555 7
1831 1
2014 3
2022
I
2472 7
2865 5
4
8»3 5
973 5
1 140 3
1294 511287 4
1347 7
1564 8
1837 5
2013 5
2036
7
2485 4
2883 2
5
818 j
979 5
H45 9
1294 1J1288 8
1354 8
1573 8
1843 5
2012 8
2051
4
2498 2
2900 9
6
823 6
985 5
H5> 4
1293 7^290 2
1361 8
1582 y
1850 2
2012 0
2066
1
251 1 O
2918 6
7
828 7
991 5
U57 0
1293 3.1291 6
1368 8
1591 9
1856 6
201 1 2
208o
7
2523 7
2936 3
8
833 7
997 5
1162 5
1292 9 1293 0
1375 9
1601 c
1862 9
2010 5
2095
4
2536 5
2954 0
9
838 8
1003 5
1168 1
129* 5
1294 4
1382 9
1610 c
1869 5
2009 7
2110
O
2549 2
2971 7
10
843 9
1009 5
1173 6
1292 1
1295 8
1389 9
1619 I
1875 7
2008 9
2124
7
256a 0
2989 4
11
849 0
1015 5
1179 2
1291 7
1297 2
1397 0
1628 2
1882 1
2008 2
2139
4
2574 8
3007 1
12
854 0
1021 5
1184 7
1291 3
1298 6
1404 0
l637 2
1888 4
2007 4
2154
O
2587 5
3024 8
13
859 1
1027 5
1190 3
1290 9
1300 0
1411 0
1646 3
1894 8
2006 6
2168
7
2600 3
3042 5
14
864 2
1033 5
H95 8
1290 5
1301 4
1418 0
1655 2
1901 2
2005 8
2183
.T
2613 0
3060 2
*5
869 3
>039 5
1 201 4
1290 1
1302 8
1425 1
1664 i
1907 5
2005 1
2I98
O
2625 8
3077 9
16
874 3
1045 5
1206 9
1289 7
1304 2
T432 I
1673 J
19*3 9
2004 3
2212
7
2638 5
3095 1
17
879 4
1051 5
1212 5
1289 3
1305 6
1439 I
1682 j
1920 3
2003 5
2227
3
2651 3 31 13 3
18
8845
'057 5
1218 0
1288 9
1307 0
1446 2
1691 £
1926 6
2002 8
2242
0
2664 1
3131 °
*9
8895
1063 5
1223 6
1288 5
1308 4
1453 2
1700 1
1933 c
2C02 0
2256
6
2676 8
3148 7
20
894 6
1069 5
1229 1
1288 1 1309 8
1460 2
1709 7
1939 4
2001 2
2271
3
2689 6
3166 4
21
899 7
»o75 5
1234 7
1287 7J3" 2
1467 2
1718 fc
1945 8
2000 5
2286
0
2702 3
3184 1
22
904 7
1081 5
1240 2
1287 3U312 6
1474 2
1727 s
1952 1
1999 7
2300
6
2715 1
3201 8
23
909 8
1087 5
1245 8
1286 9J1314 0
1481 3
1736 s
1958 5
1998 9
2315
3
2727 9
3219 5
24
914 9
1093 5
1251 3
1286 5 1315 4
1488 3
1745 5
1964 9
I998 I
2329 9
2740 6
3237 a
2?
920 0
1099 5
1256 9
1286 I!i3i6 8
1495 3
1755 c
1971 2
1997 4
2344
6
2753 4
3254 9
24
925 0
■105 5
1262 4
1285 7I1318 2
1502 4
1764 i
1977 6
1996 6
2359
3
2766 I
3272 6
27
930 1
iin 5
1268 0
1285 3J1319 6
'509 4
1773 J
1984 0
1995 8
2373
92778 9
3290 3
28
935 2
1117 6
1273 5
1284 9
1321 0
1516 4
1782 3
1990 3
*995 1
2388
6,2791 7
3308 0
29
940 2
1279 1
1284 5
1322 4
1523 5
1791 5
1996 0
»994 3
2403
2 2804 4
3325 7
30
945 3
1284 6
1284 1
1323 8
J530 5
1800 J
2003 1
1993 5
2417
9 2817 2
3343 4
31
950 4
1290 2
1325 2
1809 <]
2009 5
2432
°!
336l 0
■ I78C
$
Jan.
Feb.
March.
April.
May.
June.
173
Jan.
Jreb.
March.
April.
May.
3378 3
4374 4
4882 5
5824 I
8085 I
8114 7
892 3
4654 4
5367 4
7029 4
8lOO 3
2
34IO 4
439 * 9
4912 8
5899 4
8c86 0
183
924-5
4671 9
5397 8
7105 3
8lOI 3
3
344* 5
4409 4
4943 25974 8
8087 0
193
956 6
4689 4
5428 2
7180 6
8102 2
4
3474 6
4426 2
4973 66050 1
5003 96125 5
8087 9
203
988 7
4706 5
54*8 6
7256 0
8103 2
5
3506 8
4444 4
8®88 9
21 I
020 9
4724 4
5488 9
7331 4
8104 2
6
3538 9
4461 9
5034 316200 9
8089 8
22 4
053 0
4741 9
5519 3
7406 7
8105 I
7
357i 0
4479 4
5064 7 6276 2
8090 8
23 4
085 j
4759 4
5549 7
7482 I
8ic6 1
8
3603 2
4496 9'5095 i|635i 6
8091 7
24 4
117 2
6776 9
5580 I
7557 5
8107 0
9
3635 3
45>4 4'5i25 4,6427 0
8092 7
25 4
149 4
4794 4
5610 4
7632 8
8108 0
10
3667 4
4531 9 5155 86502 3
8093 6
264
181 5
4811 9
5640 8
7708 2
8108 9
11
3699 Q4549 45186 2-6577 7
8094 6
27/
r213 6
4829 4
5671 2
7783 6
8109 9
12
3 731 7i4566 95216 66653 1
8095 6
284
245 8
4840 9
5701 5
7858 9
8110 8
J3
3763 84584 45246 36728 4
8096 5
294
277 9
4864 4
5731 9
7934 3
8m 8
14
3795 94601 95376 36803 8
8097 5
30 4
310 0
5762 3
8009 7
8112 7
ij
3828 1 4619 45306 76879 2
8098 4
31 4
L342 2
5792 7
8113 7
]
6
3860 214636 9 5337 16954 5
8099 4
An
272 DIGEST OF THE
A. D. 1783. j[n AB for releafing certain perfons from their bargains, and again
f°- 2?6, Jetting and difpojing of the fame premifes ; for ejiabli/hing funds ;
and for other purpofes therein mentioned.
Preamble. "^~]|l Y* HERE AS under and by virtue of an act, entitled " An act for inflicting
Y V penalties on, and confiscating the eftates of fuch perfons as are therein
declared guilty of treafon, and for other purpofes therein mentioned," paffed at
Augufta on the fourth day of May, in the year of our Lord one thoufand feven
hundred and eighty-two, divers fales of confifcated property have taken place in the
feveral and refpective counties within this State : And whereas fince the time of
making the faid fales, doubts have arifen whether the purchafe money of the fame
was to be paid in fpecie only, or whether certificates and other demands againft the
public were to be taken in payment thereof : In order therefore to remove all doubts-
Enacted. on this head, Be it enabled by the reprefentatives of the freemen of the State of Georgia-
Purchafers of in general ajfembly met, and by the authority of the fame, That from and immediately
confikated ^>ro- a£ter ^ paflrmg of this aft, and until the firft day of October next enfuing, it fhall;
of 1782, allow- and may be lawful for any purchafer or purchafers of any eftates, real or perfonal,
torment of their °^> or latety belonging to any perfon or perfons whatfoever named or comprehended
bargains and re- in the faid act of confifcation, to give up and make void his, her, or their faid pur-
fl'me' without chafe and bargain, in cafe he, fhe or they (hall be difiatisfied therewith ; and the
intereft, cofts fame fhall be accordingly in that cafe re-vefted in the public, without any intereft,
cofts or charges, (except what fhall have been already actually paid for the convey-
ances) being exacted or demanded from the purchafer or purchafers thereof; and,,
on re-delivery of the premifes without abufe or wade, all conveyances, bonds,
mortgages, and other writings refpecting the fame, between the purchafer or pur-
chafers, and any perfon or perfons whatfoever, for and in behalf of the public, {hall
be exchanged, and notwithstanding any record thereof being made, the fame fhall,
be cancelled and deftroyed.
Thofe notchuf- H. And he it further enabled by the authority aforefaid, That all and every fuch pur«
ingtorehnquifh chafer and purchafers of confifcated property, real or perfonal, under the act afore-
mitted to pay faid, who fhall not, on or before the faid firft day of October next enfuing, give
the purchafe up an(j make VQ\& his, her or their faid purchafe, and exchange writings as aforefaid,
money and in- r / r ' , °
iereft in certifi- fhall be held and confidered as abfolutely bound thereby, and fhall be lkble and
catesof any de- 0yjgC(j to pay one equal moiety or half part of the faid purchafe money, with one
within a year, equal moiety or half part of the intereft thereof, in gold or fdver coin, and nothing
™ndlu°r fdn. e^e» ana l^e otner equal moiety or half part of the faid principal and intereft, or fo.
much thereof as may be convenient, in certificates of this State, (founded on fome
law or refoive of the aiTembly) of any denomination whatfoever, under the hand of
the prefent, or of the laft, or of any future governor, and bearing date fubfequent
to the firft day of January in the year of our Lord one thoufand feven hundred and
eighty-two, or in accounts (by way of difcount) againft the public, duly audited and
certified agreeable to the refolves of aiTembly patted fince that period, and fuch certi-
ficates or audited accounts being due either to the refpective purchafers themfelves, or
transferred
LAWS OF GEORGIA. «73
transferred (though not appearing on the face thereof to be negociable) to them, or A. D. 1783.
any of them, by any other perfon or perfons whatfoever : Provided fuch certificates N°- 276.
or audited accounts be brought in, and endorfed off the bonds of the faid purchafers
refpectively, within one- year from and after the paffing of this aft, or otherwife
this laft mentioned moiety of principal and intereft, or fo much thereof, as at the
expiration of the faid one year, (hall remain unpaid in certificates or audited accounts,
to be alfo payable in gold or filver coin, and nothing elfe.
III. And be it further enatled by the authority aforefaid$ Thzt immediately after the TIie intereft
faid firft day of October next enfuing, his honor the governor, and the executive ^\& into the
council do and (hall take the moil fpeedy and effectual meafures, by fuit or otherwife, t«aft*^ and to
r r 1.1 ■ n_ 11- ii- r n i *orm a c°ntin-
for recovery 01 all interelt money due and owing on bonds given for eftates reai, or gem fund.
perfonal, fold under the faid confifcation act, and which fliall not be fo given up by
the time limited as aforefaid, and the faid intereft monies when received, mail form
a contingent fund in the treafury, and the treafurer fliall be enabled to give fufficient
receipts on the back of the refpective bonds for the fame, and fliall keep a fair and-
regular account thereof, to be from time to time laid before the houfe of affembly.
IV. And be it further enaBed by the authority aforefaid. That, the commifiloners Comrmffioners
of confifcated eftates herein after named fhall, and they or a majority of them are wnen to pro-
hereby directed and empowered, in the months of November and December next, ceed t0 fel1 in
,. . . , r imi /] r •■ vt 1 1 r • • manner pointed
(beginning on the iecond lueiday in November, and continuing from time to time at outbytheaftof
their difcretion) to proceed to the fale of, and actually to fell, in manner pointed confifcatlon'
out by the faid act of confifcation all and lingular the confifcated property, real and
perfonal, then remaining on hand within the feveral counties, either that given up
as above mentioned, or that which has been fold, and the terms of fale not complied
with, (Provided neverthelefs, That where the party has given bonds for principal and Provifo.
intereft, with fecurity for the latter, and fhall give mortgage by the firft day of fe^f^r"5 of
October next, it fliall be deemed a compliance) or that which has never yet been fold or credit for 'per-
expofed to fale ; and the fame fhall be fold payable in four years if perfonal, and feven "'ars^for Veal
years if real eftate, as mentioned and directed in and by the faid confifcation act ; and eftate.
the purchafers thereof fhall accordingly give bond, mortgage and other fecurity, as
therein required, for the confideration money, and good and fufficient fecurity for.
the intereft thereof ; which faid confideration money, and the intereft thereof, fhall.
be payable in the fame manner as the former fales are before declared to be, that
is to fay, the one equal moiety or half part of the faid purchafe money, with the Half the jrur-
intereft thereof, in gold, or filver coin, and nothing elfe ; and the other equal [Ht^ft°tftereof
moiety or half part of the faid principal and intereft, or fo much thereof as may be in goid or filver
convenient, in certificates of this State, (founded on fome law or refolve of aiTembly) half. 'and ime-
ef any denomination whatfoever, under the hand of the prefent, or of the laft, or reft in cerufi-
any future governor, and bearing date fubfequent to the firft day of January in the
year of our Lord one thoufand feven hundred and eighty-two, or in accounts (by
way of difcount) againft the public, duly audited and certified agreeable to the
refolves of afTembly, palTed fince that period •, and fuch certificates or audited
accounts being due either to the refpective purchafers themfelves, or transferred
M m (though
cates,
274
DIGEST OF THE
A. D. 1783.
No. 276,
Provifo.
ii paid within
one year from
llie date, other-
wife the whole
to he in gold
and diver and
nothing elfe.
I'trions holding-
certificates or
audited ac-
counts allowed
a certain time to
exchange them
for a new deno-
mination of in-
dented certifi-
cates.
Form thereof.
(though not appearing on the face thereof to be negotiable) to them, or any of
them, by any other perfon or perfons whatfoever : Provided fuch certificates or
audited accounts be brought in and endorfed off the bonds of the faid purchafers
reipeclively, within one year from and after the palling of this a6l, or otherwife
this laft mentioned moiety of principal and intereft, or fo much thereof as at the
expiration of the faid one year fhall remain unpaid in certificates or audited accounts,
to be alfo payable in gold, or filver coin, and nothing elfe.
V. And be it further enacted by the authority aforefaid^ That any perfon or perfons
whatfoever, now or hereafter holding fuch certificates as aforefaid, or audited
accounts againft the public, who fnall not have purchafed at the preceding, or fhall
not purchafe at the fucceeding Tales of confifcated property, or who fhall not trans-
fer their demands to thofe who do purchafe, or who fhall in any cafe have in their pof-
feffion fuch certificates or audited accounts as aforefaid, to a greater amount than
they are allowed to pay away in difcount on bonds given for confifcated property,
that all and every fuch perfon and perfons fhall, at any time within thirteen months
from and after the paffing of this acT, be at liberty to bring in their faid certificates,
or audited accounts to his honor the governor, and to exchange the fame for certifi-
cates of a new denomination, (the form whereof is herein after fpecified ) to be figned,
indented, and ifTued by his honor the governor in council, and regularly entered
on the council books, and the fame fhall be numbered, and alio counterfigned by the
treafurer, who fhall keep the indent, with the number and fum of every fuch certi-
ficate, as a check, and who fhall alfo keep .a fair account of all fuch certificates,
and to whom payable, for the infpection of the affembly ; and the faid certificates
and audited accounts fo brought in and exchanged as aforefaid, fhall be lodged in
the treafury, until the meeting of the affembly from time to time, who fhall appoint
a committee to fee the faid certificates burnt, and the faid audited accounts properly
arranged and laid up in the treafury as vouchers for fo much paid by the public.
VI. And be it further enabled by the authority of or efaidy That the following fhall be
the form of the certificates to be iffued as before directed and required, that is to fay :
State of Georgia.
N°-
By his honor A. B. Efquire, captain-general, governor, and commander
in chief in and over the faid State.
C|)Cfe S£e tO CCrtlf^ That there is due and owing from this State to
C. D. the fum of £. fterling ; which faid fum, being part
of the intended funded debt, will be provided for, payable at the expiration of feven
years, from the 29th day of July 1 783, and in the mean time the intereft, thereof,
at the rate of feven per cent, per annum, will be regularly paid at the treafury to
the faid C. D. or his order, in gold or filver coin, at the current rates in Savannah.
Given under my hand in council, purfuant to acT: of affembly, this day
of 17b
Counterfigned by
E. F. Treafurer, Which
L AW S OF GEORGIA,
i 3
Which faid certificates^ being authenticated and iffued as aforefaid, fhall be con-
sidered as forming an aggregate to be hereafter reduced to a funded debt againft
this State, redeemable in feven years from and after the pairing of this act, and car-
rying an intereft of feven per cent, payable out of the treafury in gold or filver coin,
at the prefent current rates in Savannah, yearly and every year, on the day of the
date of the faid certificates reflectively.
VII. And be it further enabled by the authority aforefaid, That in cafe any perfon or
perfons holding certificates or audited accounts as aforefaid, fhall neglect to bring
in the fame, either in payment of a debt or debts for confifcated property, or in
exchange for a certificate of the denomination above fpecified, within the feveral
and refpective times for that purpofe limited and appointed, all and every fuch per-
fon and perfons fhall be confidered as for ever precluded from the faid demands,
and the public fhall not be liable to make provifion for payment of the fame at any
time hereafter.
VIII. And be it further enabled by the authority aforefaid, That in all future fales
of confifcated property, the commiffioners fhall wait three days for the purchafers
to comply with the terms of fale, and, if not done within that time, the faid com-
miffioners fhall proceed to fell again, and fo on until the faid terms fhall be complied
with ; and in every inftance of non-compliance after the fales fhall commence under
this act, the laft perfon who fhall refufe or neglect to comply, fhall, in cafe the
then next fale fhall not equal or exceed his, make good the difference in price between
the one and the ether, To that the public may be no lofer thereby ; and the faid
commiffioners fhall accordingly require and oblige every purchafer, immediately after
the premifes fhall be knocked off to him or her, to fign and feal an obligation to the
following purport : "I, A. B. do hereby acknowledge to have purchafed at the fales
of confifcated property, a plantation or tra£t of land, containing, or faid to contain
A,D. 1783,.
No, 276.
A funded debt
againftthe State
to be redeema-
ble in 7 years
bearing intereft
at 7 per cent, to
bepaidanmiaily
in gold or filver.
Holders of cer-
tificatesnot-pay-
ing into the
treafury or ex-
changing them.
for ever barred.
Purchafers t©
comply with the
terms of fale m
three days or tiis
property to be
re -fold at their
lofs.
To give an ob-
ligation at the
time of pur-
chafe.
Form thereof.
acres, fituate in the county o£
, at and after the rate of
per
acre ; (or otherwife defcribing the premifes as the cafe may be) and I do hereby bind
and oblige myfelf, my heirs, executors and adminiftrators, to comply with the terms
and conditions on my part, within three days after being required fo to do by the
commiffioners of the faid fales, or a majority of them, or elfe to forfeit to the State
whatever may be the deficient difference between the amount fales of the faid premi-
fes, as knocked off to me, and the amount fales of the fame to the next pnrchafer,
and to pay the faid difference, on demand, in gold or filver coin, to the, faid com-
miffioners, or a majority of them. Witness my hand and feal this day of
1783.
Prefent.
IX. And be it further enabled by the authority aforefaid, That when, and as foon as Commiffioners
fale fhall be made of all the faid confifcated property, and bonds, and other fecurities
taken for the fame, as before directed,, the faid commiffioners, or a majority of
them, fhall make out and lay before the houfe of aflembly at their next fitting there-
after, a fair ftate or account of their proceedings therein, with the names of the
purchafers and their fecurities, the amount of the fales, and all other matters refpect-
to lay their pro-
ceedings before
the lioufe of a&
-fembiy.
2l6
DIGEST OF THE
A.D. 1783.
No. 256.
Bonds, mortga-
ges, &c. to the
amount or
£103,889 16 6
fterling, appro-
priated asa fund
lor finking this
Plate's quota of
the national
debt.
The intereft ac-
cruing to be re-
gularly remit-
ted by the go-
vernor and
council to the
continental
treafury.
Appropriations
towards the
payment of" the
French, Dutch,
and domeftie
debt.
The refidue of
bonds, &c. a
fund appropri-
ated for the re-
demption of the
funded debt and
the intereft be-
fore mentioned.
!n lafe of dfiici-
c-m-5', to pay tlie
annual imercfl;
iUk lame to be
i'.ipplied by unlu-
oated lands or
U*li, etc.
ing or concerning the fame j and the. faid houfe of affembly, after having examined
the laid (late or account, fhall, at the expiration of the faid one year allowed for bring
ing in certificates and audited accounts in payment of one moiety of the faid pur-
chafes, fet afide good bonds, with the mortgages and other fecurities thereunto belong-
ing, amounting (clear of all deductions and payments) to the fum of one hundred and
eight thoufand, eight hundred and fixty-nine pounds, fixteen (hillings and fix-pence
fterling, to anfwer the fuppofed quota appertaining to this State of the national debt ;
and the faid bonds fo fet afide fhall remain as a fund fubjeel to increafe or decreafe
according as the faid quota fhall, on a fair adjuftment by congrefs, be found to aug-
ment or fink from the prefent fuppofed quantum, but fubject to no alteration on any
other account whatsoever ; and the intereft money thereafter arifing from the faid
bonds fo fet afide fhall be annually and regularly collected in gold or filver coin, and
nothing elfe, and fo much thereof as may be necefTary fhall be annually and regularly
remitted, under the direction of the honorable the governor and council, to the
continental treafury, in payment of the intereft money of the quota appertaining to
this State of the continental debt.
X. And whereas a fum lying at intereft in this State, equal to what fhall be found
to be our continental quota, will, from the difference of intereft between the one
and the other, annually leave a confiderable balance of the intereft in our favor : Be
it therefore enabled by the authority aforefaidy That this difference or balance fhall be
annually carried to the credit of a feparate fund, and, after taking thereout the
necefTary charges of remitting the annual intereft of the continental quota, the refidue
fhall be let out at intereft by the treafurer on good perfonal fecurity from year to year,
and the fame, with the accumulating intereft thereof, fhall be confidered as appro-
priated towards the difcharging our quota of the principal fums of one million and
an half of livres, (being the one-twelfth part of the French debt) which become due
in four years after a peace ; and of one million more of livres, (being the tenth part
of the Dutch debt) which become due on the fifth day of November, in the year
of our Lord one thoufand feven hundred and eighty-feven 5 and our quota of the
domeftie debt, whatever the fame may be.
XL And be it enabled by the authority aforefaidy That after taking out and appropriat-
ing good bonds, with the other fecurities thereunto belonging, as aforefaid, whereon
fhall remain due one hundred and eight thoufand, eight hundred and eighty-nine
pounds, fixteen fhillings and fix-pence, from the amount fales of confifcated pro-
perty, all and Angular the reft and refidue of the bonds, mortgages, and other fecu-
rities, remaining on account of the fales of confifcated property, with the monies
then due, and to grow due thereon, fhall, and the fame are hereby declared to be
a fund appropriated to the fecurity and redemption of the intended funded debt before
mentioned, with the intereft thereof.
XII. And be it further enabled by the authority aforefaidy That in cafe it fhall be
found, at the expiration of the faid one year allowed for bringing in certificates and
audited accounts as aforefaid, that there will not be fufiicient remaining of the
amount fales of confifcated property, (after taking thereout the fum of one hundred
/ • and
LAWS OF GEORGIA. 277
•and eight thoufand, eight hundred and eighty-nine pounds, fix teen {hillings and fix- A. D. 1783.
pence, as before mentioned) to pay ofF the annual intereft of the funded debt, and No. 276.
ultimately to fink the principal thereof, that then, and in fuch cafe, provifion,
by the appropriation of a body not exceeding two hundred thoufand acres of unlo-
cated lands, or by taxes, or otherwife, {hall be immediately thereafter made, to fup-
ply the deficiency, fo as to give a {lability to the certificates to be ifTued in the form
before mentioned, and to fecure the holders thereof in the punctual payment of the
intereft annually, and the principal ultimately, of their faid certificates.
XIII. And be it further enatted by the authority afore/aid, That all and lingular the All other debts
other debts due and owing to the public, and. contracted fince the faid firft day of iftT^isgi^a
January, in the year of our Lord, one thoufand feven hundred an<i' eighty-two, on any account, ex-
any account whatfoever, except for confifcated property, fhall be held and confidered, property, to be
and the fame are hereby declared, to be due and owing, and payable in gold or filver Fid in £old or
... ° * ° lilver coin, and
com, and nothing elie. nothing dfe.
XIV. And -whereas there are many demands made againft the faid confifcated
eftates for monies due and owing, or faid to be due and owing, by the feveral and
refpective former proprietors thereof, and fuits are daily brought for recovery of
fuch demands under the faid act of confiscation, which faid fuits are attended with
great cofts to the public, Be it therefore enacled by the authority afore/aid, That from Claims againft
and after the palling of this act, it fhall not be lawful for any perfon or perfons cor'fifc!lted ef-
r ° * . tates t0 he 110
whatfoever, to fue or implead the public, or State, as fuch, in any court of law or longer fued.
juftice within the fame, (except in cafes herein after mentioned) and all actions
already brought, or now depending, of that nature, flial), and the fame are hereby
declared to be difcontinued, Provided, judgments fhall not already have palled there- Provifo.
upon agreeable to the terms of the confifcation act ; and the feveral perfons herein Aboard of com-
after named, that is to fay : Tames Cochran, Edward Davies, Benjamin Andrew, m\ffionersap-
/ 7 J ? _ > J » pointed to fettle
Charles Odingfells, and Lachlan M'Intofli, efquires, fhall, and they are hereby de- and finally ad*
clared to be a board of commiflioners for receiving, hearing, and finally determining -'? j „
°' p_ _.;.- ' to claims, and to
all and fingular the claims of any perfon or perfons whatfoever againft the faid con- give certificates
fifcated eftates or any of them, for monies due and owing, or faid to be due and ° amounc
owing, from the faid former proprietors thereof, or any of them ; and the faid
commiflioners, or a majority of them, fhall have full power and authority to hear
and finally adjudge the caufe of any perfon or perfons whatfoever fo brought before
them, and to fettle fuch mode of proceeding thereon in the moft expeditious and
fummary manner as to them, or a majority of them {hall appear moft eligible and
juft •, and in all and every cafe the faid commiflioners, or a majority of them, {hall
give a certificate, under the hand of the prefident of the faid board, to the refpective
claimants, of what appears to be due and owing to them refpectively on a determi-
nation of their faid caufe or caufes, which faid certificates the faid claimants fhall ;r:
carry to his honor the governor, and having exchanged the fame for his certificate to give.certifi-
in form aforefaid made, ths faid laft mentioned certificate fhall ftand upon the footing "tes ,in,tJ'e
■it • ... . r - ~ . . aioreiaid form,
■of any other certificate of the like form in payment of confifcated property, or as in lieu thereof,
a funded debt againft the State j and the faid claimants refpectively fhall pay and Clerk of the
advance bo:,nl-
2*?8
DIGEST OF THE
A. D. 1783.
No. 276.
His fees.
Provifo.
Certificates not
tobeiflaed until
the fales are
completed, and
not for more
tlian the feveral
eftates.
Eftatts being
iaiolvent — cre-
ditors to be paid
in equal propor-
tion.
Provifo.
Nothing in this
act to affedfc the
jurifdiction of
the courts,
where titles of
real or perfonal
eftate is in quef-
tion .
The auditor to
refer doubtful
cafes to the faid
board, from
whom there is
to be no appeal.
Cofts how to be
paid.
All certificates
iffued by com-
miffaries and o-
ther officers for
provifions, &c.
to be laid before
the faid board.
Such officers ex-
empt from fuit
on account of
the fame.
advance to the clerk of the faid board, at the time of entering his or her claim, the
following fees, for cods thereon, that is to fay : For any claim not exceeding the
fum of fifty pounds, two (hillings and four-pence ; for every claim exceeding fifty
pounds, and not exceeding one hundred pounds, four {hillings and eight-pence 5
for any claim exceeding one hundred pounds, the fum of feven (hillings ; which
faid fees fhall be included in the certificate to be given on the determination of the
caufe, and fhall be in full of all cofts on the fame : Provided neverthelefi > That no
certificate from the faid board fhall be given until after the fales of the confifcated
property fhall be completed, and that then the faid commifiioners fhall take care that
the certificates of demands again!! any eftate do- not exceed, together with the
judgments already parTed againft fuch eftate, the amount fales of the fame ; and at
the time the faid commifiioners fhall give fuch certificates, in cafe they find any par-
ticular eftate infolvent, they fhall make each creditor abate in proportion to his or her
demand, fo as to admit them all into an equal compofition, without giving any pre-
ference to judgments, or making any diftinction between debts of a different nature
or date : Provided alfo, That nothing herein contained fhall extend, or be conftrued
to extend, to deprive the courts of law of their jurifditlion, in cafes where the
titles of land, or other real or perfonal eftate, {hall be brought in queftion, or to
give the cognizance of the fame to the prefent or any other board of commiffioners,
but that in all and every fuch cafe, fhall ftand upon the fame footing* and be tried in
manner pointed out and directed in and by the faid confifcation act : And when it
mall happen that any doubts fhall arife with the auditor on any claim againft this
State, of any nature whatfoever, the faid auditor fhall, and he is hereby required
to lay the fame before the faid board of commifiioners, who fhall lay down fome
fixed principle of equal juftice between the State and each claiming individual, and
judge and finally decide on the fame, from whom there fhall be no appeal.
XV. And be it further enabled by the authority aforefaid, That all legal cofts already
incurred in and upon any action or fuit brought under the faid confifcation act ihall
follow the event of the caufe when the fame fhall be tried before the board of corn-
miffioners- as aforefaid, and in cafe of fentence or judgment for the plaintiff or plain-
tiffs, the faid cofts fhall be included in the certificate to be given him, her,, or them,
by the prefident of the faid board.
XVI. And be it further enacted by the authority aforefaid^ That where certificates for
provifions or other neceflaries for the army have been given by commiffaries and other
officers duly authorized, the perfon or perfbns pofTeffing fuch certificate or certificates
mall lay the fame before the board aforementioned, who fhall. in like manner finally
decide on and determine the fame j and that no fuit or fuits at law fhall be brought
againft fuch officer or officers, for, or on account of fuch certificate or certificates,
unlefs it fhall appear to the board that the fame was or were given improperly, or
the articles improperly applied.
XVII. And whereas, in and by the faid confifcation act, it is enacted and declared,
that no demands fhall be received againft the feveral eftates therein confifcated from
and
LAWS OF GEORGIA.
279
and after the fourth day of May then next enfuing, but now laft pad, Be it therefore
further enabled by the authority aforefaid, That the faid term for making claims of
monies due, or faid to be due, from the feveral perfons named or comprehended in
the faid confifcation act, on any account whatfoever, before the board of commif-
fioners before named, fhall be enlarged and prolonged, and the fame is hereby declared
to l»e enlarged and prolonged to one year from and after the paffmg of this act, and
all fuch claims made before the faid board within the faid one year fhall be held and
and confidered as much within time as if they had been made at any time before the
faid fourth day of May laft pad; and all accounts which fhall be hereafter duly
audited at any time within one year from and after the paffing of this act fhall be
held and confidered as good and upon the fame footing as accounts already audited,
and as coming within the purview and intention of this act.
XVIII. And be it further enatled by the authority afore/hid. That Charles Odingfells,
Hugh Lawfon, and Abraham Ravott, fhall be, and they are hereby appointed com-
miffioners of confifcated eftates, and veiled with full power and authority to do and
perform every act and thing that the aforefaid commiffioners of confifcated eftates
were authorifed to do, or that fhall be necefTary to be done under this act, and that
they be allowed at the rate of one per cent, in lieu of all charges ; and in cafe of the
death, refignation, or refufal to act, of the faid commiffioners or any of them, or
of the commiffioners of claims before named, or any of them, his honor the governor
and executive council fhall fill up fuch vacancy by the appointment of another com-
miffioner, or other commiffioners, in the room of him or them fo dying, refufing
to act, or refigning ; And the faid commiffioners of confifcated eftates now appointed,
or hereafter to be appointed, fhall in all refpects comply with the terms which
were required of the commiffioners under the confifcation act, at the time of their
appointment.
XIX. And be it further enacled by the authority aforefaid. That, his honor the
governor and the executive council fhall have power and authority to direct the com-
miffioners of confifcated eftates, to difpofe of any property, real or perfonal, apper-
taining to the faid eftates, to the amount of any fum not exceeding two thoufand
pound fterling, at fuch time or periods of payments as the executive department
mav deem molt conducive to the intereft of the State, for the exprefs purpofe of
making good the engagements entered into by virtue of certain refoiutions to that
effect, and for the more immediate emergencies of the State.
XX. And be it further enacled by the authority aforefaid, That the accounts of the
officers and foldiers of the Georgia line (liquidated by the proper officers, and certi-
fied by the financier, that fuch account, or accounts will entitle us to immediate
difcount from our continental quota, or the intereft thereof) fhall be received as
Ipecie for purchafes made at the confifcated fales, and a difcount of twelve and a half
per cent, allowed thereon for prompt payment, Provided fuch accounts are brought
in and deducted within twelve months after paffing this act.
XXI. And whereas the feveral regulations contained in this act may be repugnant
to, or may interfere or clafh with certain claufes or parts of the act of confifcation
before
A. Dr 1783.
No. 376.
Further time of
twelve months
allowed for ex-
hibiting claims
agairift confif-
cated eftates.
And accounts
audited within
that time to be
upon a footing
with thole al-
ready audited.
Odingfells,
Lawfon, and
Ravott appoint-
ed commiffion-
ers of confifcat-
ed eftates- — al-
lowed one per
cent, in lieu of
all charges.
The governor
to fill all vacan-
cies in the board
Governor and
council empow-
ered to direct
fales to the amt.
of £icoo iler-
ling, for certain
purpofes.
Liquidated ac-
counLs <if oSicers
and foldiers of the
Georgia line, to he
received as fpecie.
and 12 and a half
per cent, thereon
allowed for prompt
payment.
Provifo.
Payments to be
made within !i
months.
;8o
DIGEST OF THE
A.D. 1783.
No. 276.
So much of the,
confifcation act
as is repugnant
to this, repeal-
ed, the reft de-
clared to be in
full force.
Public aft.
General iffue to
be pleaded1,
before mentioned, Be it therefore further enabled by the authority aforefaid, That all1
and every fuch claufe, or parts of claufes, or other matter or thing mentioned or
contained in the faid act: of confifcation, repugnant to, or which {hall clafh or inter-
fere with the feveral regulations mentioned or contained in this a£t, (hall, and the
fame is, and are hereby declared to be repealed and done away ; but all and every
other part or claufe of the faid confifcation a£t, (not repugnant to the regulations
herein contained) now of force {hall be, and the fame is hereby declared to be in full
force and virtue.
XXII. And be it further enabled by the authority aforefaid. That this a£t {hall be
deemed ■& public ad, and judicially taken notice o£ as fuch in all courts within this
State ; and any perfon or perfons whatfoever fued or impleaded for any matter or
thing done under or in confequence thereof fhall plead the general iflue, and having,
given the fpecial matter in evidence,, the court and jury fhall confider fuch perfon or
perfons fufficiently indemnified in fo far as he or they has or have acted agreeably to
the terms and. directions of this or the confifcation a£t, or in purfuance of their duty,
thereunder.
WILLIAM GIBBONSj Speaker..
Savannah, July > 2$, 1783.
No.- 277.
No. 278.
An Act to amend, an Ail for laying out a road from the north-wejl road through Neiving-
ton Village to Bryan's Coivpen.
July 29, 1783.
An Ail for enforcing the payment of arrears of taxes, and duties, and for impofmg a
tax on all goods, ivares, and merchandize, and negro faves fold at vendue.
Part olfoletey and the refl repealed by \ act of 1794-j No. 308.
July 29, 1783.
No. 279.
Preamble,
Enacted.
TSiat certain afts
pafled before the
revolmion be fur-
ther continued, viz.
An aft for better
regulating taverns
etc. pafTed 27th
March, 17^9.
An additional aft,
parted 25th March,
An Ac~l to continue the feveral laivs of this State near expiring, and-
for other purpofes therein mentioned.
WHEREAS feveral neceflary laws of this State, pafTed before the revolution,
are near expiring, and it is expedient, for the welfare thereof, that they
fhould be further continued, Be it therefore enabled by the reprefentatives of the freemen
of this State, in general affembly met, and it is hereby enabled by the authority of the fame,
That an abl* pafTed the twenty-feventh day of March, in the year of our Lord one
thoufand feven hundred and fifty-nine, for the better regulating taverns, punch
houfes, and retailers of fpirituous liquors ; and alfo an additional abl, pafled the
twenty-fifth day of March, one thoufand feven hundred and fixty-five \ and alfo an
abl
* Repealed with the additional act by act of 1791, No. 459.
LAWS OF GEORGIA.
2g£
aB, paffed the eleventh day of April, one thoufand feven hundred and fixty-eighr,
for regulating the aflize of bread ; and alfo an aft,\ paffed the twenty-ninth day of
March, one thoufand feven hundred and fifty-nine, to prevent matters of veffels from
carrying offperfons in debt from this State, (then province) and which was amended
and further continued by an act, entitled " /In AB to amend an aft to prevent
mailers of veffels from carrying off perfons in debt from this State (then province),"
paffed the firft day of May, one thoufand feven hundred and fixty ; and alfo an aB,
paffed the feventh day of April, one thoufand feven hundred and fixty-three, to pre-
vent perfons throwing ballail or rubbifh, or falling trees into the rivers and navigable
creeks within this State (then province) and for keeping clear the channels of the
fame ; and alfo an aB to amend the /aid aB, paffed the twenty-fifth day of March,
one thoufand feven hundred and lixty-five ; and alfo an aB% to oblige matters of vef-
fels and other tranfient perfons importing negroes or other Haves, goods, wares, and
merchandize, to pay tax for the fame, and to compel the perfons directed to receive
the fame, to give fecurity for the due performance of their office, and for the monies
that may be received by them by virtue of an act of the State, paffed the twenty-
ninth day of September, one thoufand feven hundred and feventy-three ; alfo an aB
paffed the fixth day of March, one thoufand feven hundred and fixty-fix, for punifh-
ing feamen and mariners neglecting or deferting their duty on board their refpective
{hips or veffels ; and for preventing feamen or mariners from being harbored or run-
ning in debt; and alfo an aB§ to prevent frauds and deceits in felling beef, pork,
pitch, tar, turpentine, and fire-wood, paffed the fixth day of March, one thoufand
feven hundred and fixty-fix ; alfo an aB for amending an act, entitled " An Act
to prevent frauds and deceits in felling beef, pork, pitch, tar, turpentine, and fire-
wood, paffed the twenty-fourth day of December, one thoufand feven hundred and
fixty-eight ; alfo an aB paffed twenty-fixth day of March, one thoufand feven hundred
and fixty-feven, to regulate the making of cyprefs, oak, and pine lumber, ftaves and
fhingles, and to afcertain the quality thereof ; and alfo an aB paffed the feventh day
of April, one thoufand feven hundred and fixty-three, for regulating a work houfe,
for the cuftody and punifhment of negroes, and further continued by an act, entitled
" An Act to amend and continue an act for regulating a work houfe for the cuttody
and punifhment of negroes, palled the twenty-fixth day of March, one thoufand
feven hundred and fixty-feven ; and alfo an aB, paffed the eighteenth day of Novem-
ber, one thoufand feven hundred and fixty-five, for the eftablifhing and regulating
patroles, and for preventing any perfons from purchafing provisions or any other
commodities from, or felling fuch to any ilave, unlefs fuch Have fhall produce a
ticket from his or her owner, manager or employer ; and alfo an aB to regulate the
wharves, and (hipping, in the feveral ports of this State, (then province) and afcer-
raining the rates of wharfage, of (hipping and ftorage, and alfo the duty of an harbor
matter for the port of Savannah, and to authorize the faid harbor matter to put in
force an act, entitled " An Act to amend an act to prevent perfons throwing ballalt
or rubbifh, or falling trees into the rivers and navigable creeks within this State
N n (then
A. D. 1783.
No. 270.
An act for regu-
lating the affize
of bread, paffed
nth April,
1768.
Topreventmaf-
ters of veffds
from carrying
off perfons in
dtbt, &c. paffed
29th March,
1759-
To amend the
above act,paffed
I ft May, '1760.
To prevent per-
fons throwing-
baliafl or rub"-
bifh into the ri-
vers, &c. paffed
7th April, 1763.
To amend the
faid act, paffed
25th March,
1765.
Te oblige maf-
ters of veffels
and other tran-
fient perfonsini-
porting negroes
&c. to pay tax',
paffed 29th Sep-
tember, 1773.
To punifh fea-
men. &e. neg-
lecting or de-
ferting their du-
ty, paffed 6th
March, 1766.
To amend the
faid ad, paffed
24th Dec. 1768.
To regulate the
making of cy-
prefs, oak and
pine lumber &c.
paffed 26th
March, 1767.
For regulatinga
work houfe, &c.
paffed 7thApnl,
1763.
To amend and
continue the
faid a<5t, paffed
26th March,
1767.
For ellabliflirng
and regulating pa-
trols, palled ibtli
November, 1765-
To regulate tl:e
wharves and jhin-
p-in», etc. pall d
1 2 ill March, 17/4.
f This, together with the amending act rendered obfolete by the Fed. Conft.
§ Repealed by act of 1790, No. 445.
I ObfokU.
2f2 DIGEST OF THE
A No. ^f 3" {then province) and for keeping clear the channels of the fame;" alfo' an acl* for
for granting a da- granting a duty upon raw neat hides, exported from this State (then province) and
tv upun raw neat c . , . 111 1 ■» 1 - 1 r r-, r
hUes, and pie- ror preventing tne exportation of unmerchantable tanned leather; alio an acl \ for
venting expona- . .. . . *
won of nnmer- appointing lnipectors or tobacco, and to prevent the exportation ot bad and Unmer-
chantable leather. . 11 v
For appointing ii.- chantable tobacco, paffed the tenth day of May, one thoufand feven hundred and
(pectors of tobacco L J J '
and to prevent ex- feventy ; alfo an aft for regulating the pilotage of veffels into the feveral ports of this
portation of nn- ■* o o r o 1
merchantable to- State (then province) paffed the fourth day of March, one thoufand feven hundred
bicco, palled lotli v r ' r ; »
Foryre'|ai'atingtiie anc* uxty-two ; alfo an acl \ to prevent dealing of horfes and neat cattle, and unlaw-
plced^tif March5; *"u% branding, marking, killing, or driving the fame, paffed the twenty-ninth day
T06jprevent deal- °^ September, one thoufand feven hundred and feventy-three ; fhall feverally and
pafied h29rthSDec! refpeclively be, and they are hereby continued in full force until repealed by this
TbeYaidatf sieve- or fome future general affembly.
andi»™inPor&uii- H* And whereas, at the time of the invafion of this State by the Britifh troops in
u repeae . ^t year one thoufand feven hundred and feventy-eight, the public records were fent
beih|l0utc oTdie away, to prevent their falling into the hands of the enemy, and have not yet been
their falling -into returned into this State, from which caufe the feveral laws heretofore paffed, and
the hands of the 1 • 1 1 •• .. -nit • r 11
enemy. which may be now expiring, cannot with precifion be known, and, it no remedy be
applied, there is reafon to believe great injury may accrue to the citizens of this State,
ah laws paned f°r fke prevention whereof, Be it further enabled by the authority afar ej aid. That all
cember, ^V"*" *aws Pan~ea before the twenty-ninth day of December one thoufand feven hundred
^"near^xptrin^ and feventy-eight, which are or may be near expiring, and that are not repugnant to
fothewiiftituSon' the conftitution of this State, or in their nature temporary, be, and they are hereby
deciared0torDea[n declared to be in full force, and that they fhall continue in force, until repealed by
full force until re- ,1 • r r , . . n ,.
peaied. this or iome tuture legiilature.§
III. Obfolete.
WILLIAM GIBBONS, Speaker.
Savannah, July 30, 1 783-
* Obfolete. f Repealed by act of 1 791, No. 431.
I Repealed fo far as refpeets horfes, by act of 1 791, No. 447. § See acSl of 1784, No. 287.
No. 280. jin 4 ft t0 impsj} a tax on the inhabitants of the State of Georgia, for the ufe and fupport
of the government thereof from thefrji day of January to the thirty-frji day of Decem-
ber, in the year 1 783.
July 31, 1783.
Obfolete.
No. 281. An AEt to empower certain commijfioners herein appointed to regulate the hire of porters^
and labor sffaves in the town of Savannah, and for other purpefes therein mentioned.
July 31, 1783.
Obfolete.
An
LAWS OF GEORGIA. 283
An Acl for the laying out the referve land in the toivn of Augufla into A« D- 17®3'
acre lots-, the erecling an academy , or feminary of learning, and for No< a8a*
other pur pofes therein mentioned.
WHEREAS the legislature taking into confederation the advantages that muft Preamble,
neceffarily refult to the State from the encouragement of the town of Au- Augufta.
gufta, did, in January feffion one thoufand feven hundred and eighty pafs an act for
the laying out the referve of the public land in and near the faid town into acre lots,
and directed the fame to be fold at public outcry, under fuch reftri£tions as were there-
in particularly fet down and mentioned : Atid whereas the faid lots were laid out and The terms of
fold, but the faid reftridtions not being complied with, the faid fales are become null fale of. VU^1C
' . l°ts un<ier act of
and void, and the lands are again vefted in the State : And whereas the fame reafons 1780 not being
f 1-G1I J /" 1
continue for the encouragement and enlargement of the faid town of Augufta, Be it j"ts ^veftecUn
therefore enabled by the teprefentatives of the freemen of the State of Georgia in general the State.
affembly met, and it is hereby enabled by and with the authority of the fame ; That, from
and immediately after the pafTing of this act, George Walton, Jofeph Pannel, An- Commmiffion-
drew Burns, William Glafcock and Samuel Jack, Efquires, who are hereby declared appointed. a^in
and empowered as commiffioners for carrying the fame into execution, fh a 11 and they to lay °ff and
are hereby required to caufe the. faid lands referved as aforefaid to be again laid out
in acre lots, and to proceed to the fale of the fame by public auction to the higheft
bidder, the faid commiffioners firft giving three months notice of fuch fale, under
fuch reftrictions and terms as are hereafter particularly laid down and mentioned.
II. And be it further enacted. That the terms on which fuch lots fhall be fold and Terms of We, one
•> foortli cafii, one
difpofed of fhall be, one fourth of the purchafe money cafh, one fourth payable in one fburth w30'*" hl
I ' * J J l J one year, tvvo
year, and the other two fourths payable within three years thereafter, fuch purchafer lm,rths ia tliree
J * » J J J x years ; purcnateis
giving bond and fecurity for payment of principal and the intereft from the date, at £c;^te ^1^
the rate of feven per cent, per annum, with proper mortgages of fuch lots in cafe of y'per^ctn^&ud
failure in payment as aforefaid.* mortage.
III. And whereas the fettlement of the faid town is a great object with the legifla- And to build
ture, Be it further enabled, That every fuch purchafer as aforefaid fhall, and he is Lar^or'forfeit
hereby required, as part of the terms aforefaid, within the fpace of two years, to build, the lots, which
or caufe to be built a tenantable brick, ftone, or frame houfe not lefs than fixteen come ^e -pro-
feet by twenty-four, on fuch lot or lots he may become poffefTed of by fuch fale, and PertY oi tRfi
in default whereof fuch lot or lots fhall, and they are hereby declared to revert to and
become again the property of the State.
IV. And whereas a feminary of learning is greatly neceffary for the inftruclion of pubiic feminary
our youth, and ought to be one of the firft objects of attention, after the promotion of -learning;,
of religion, Be it further enabled, That after the faid commiffioners have referved one Onelottobere-
of the firft lots for the building a church or houfe of worfhip to the Divine Beinm by ffved, for,
0 , l/ii- churcn,and ..
whofe bleffing the independence of the United States has been eftablifhed ; and a re- for public ufo.
ferve of ten other principal lots for public ufes, the monies arifing from fuch fales,
after defraying the charges of the building faid church, fiiall be, and they hereby are
veiled -
*• Further time allowed for payment, fee ad of 1786, No. 353. .
a
ten
54 8 4
DIGEST OF THE
A. D. 173.3.
No. 2132.
Tlif monies arifinj,
from the fates velt-
eil in tiie eommil-
lioners or truit^f 5
flir the ul'e of the
church ami acade-
my, and to tlieir
heirs arnl (hccdS
ors in office for
ever.
Truftees to
make titles, re-
ceive fuch mo-
nies, and may-
make loans
thereof at inte-
rs il, &c.
The faid com-
miffioners or
truftees to ren-
der an account
of theirprocced-
inirs annuallv to
the executive ;
may be diipl. ic-
ed for mal-
practice.
Empowered to
eredt an acade-
my, and to make
all necefiary
rules and regu-
lations.
Puhli: ferry un-
der direction of
the commiflion-
ersfubjeift to re-
gulations of the
legiflature.
Town of Wa-
fhington in
Wilkes county.
Commiffioners
mmed and ap-
pointed to lay
out and to fell
the revertedlots
in the faid town
on the fame
terms and in
like manner as
thofe of Augufta
Tliemonies anting
vetted in ihern ami
their Cuccel'siirs in
r.ffu-e as trutlefs to
he aiiplied towards
e:e<ftitvg a free
foboiol for tlie (aid
county ami a
Cliliicil.
veiled in the hands and power of the faid commiffioners named as aforefaid, as truf-
tees for the purpofe of carrying into execution the intentions of this law, and for
erecting an academy or feminary of learning as aforefaid, their heirs and fucceffors in
office for ever, in truft for the fole ufe of the faid church and accademy or feminary.
V. And be it further enacled, That the faid commiffioners, on the fales and
redactions aforefaid being complied with, fhall be, and they are hereby authorized
and empowered to give titles as amply and fully to fuch purchafers, as truftees afore-
faid, as the faid State poffibly could or might do, and in rheir name, and the name
of their fucceffors in office, to receive fuch monies, both principal and intereft,
arifing from fuch fales, or the loan, of any part thereof, and the fame to lend out
again at intereft, or otherwife difpofe thereof, as the faid commiffioners, or a
majority, their fucceffors, or a majority of them, fhall think mod advantageous to
the fund of the faid church, and academy or feminary.
VI. And be it further ena&ed, That the faid commiffioners or truftees fhall yearly,
and every year, render a juft and true account of the fund of the faid feminary to
his honor the governor and executive council for examination; and if found by them
guilty of mal-prac£lice, fuch offending commiffioner or commiffioners fhall be dif-
placed, and others appointed for that purpofe in his or their room.
VII. And be it further enafled, That the faid commiffioners fhall be, and they are
hereby authorized and empowered to erect on one of the faid lots, or purchafe from
the fales of the fame, fome fpot convenient for that purpofe, a building commodious
and proper to anfwer the intentions of this act, as an academy or feminary as afore-
faid, and to enter into fuch contrails for erecting the fame as may be thought moft
advantageous for the faid fund by a majority of the faid commiffioners ; and further
to procure and agree with proper mafters and profeffors for the ruling the fame, and
to inftitute fuch bye laws, for the increafing the faid fund, and better governing
the faid feminary, as to the faid commiffioners may appear beft adapted.
VIII. And be it further enabled by the authority aforefaid, That the public ferry at
the town of Augufta, fhall be under the direction of the commiffioners aforefaid,
fubject to fuch regulations as are or fhall be eflablifhed by the legiflature.
IX. And whereas, in and by the faid law, paffed at Augufta as aforefaid, a town
was ordered and actually laid out in the county of Wilkes, at a place called Wafhing-
ton} under fuch reflections as were likewife therein laid down, but the fame was
not complied with, and the faid lots are in like manner reverted; Be it further enabled.
That Stephen Heard, Micajah Williamfon, Robert Harper, Daniel Coleman, and
Zachariah Lamar, Efquires, fhall be and they are hereby appointed commiffioners
for carrying the intentions of the legiflature in th£.t inftance into execution ; and they
are hereby required to caufe to be laid and admeafured out, likewife in the faid town,
acre lots as aforefaid, to be fold on fuch terms as are herein before contained and
laid down for the lots in the faid town of Augufta, and to receive fuch monies for
fuch fales into their hands, or the hands of their fucceffors in office, and apply the
fame towards a free fchool for the faid county, and to erect a proper building for
the faid fchool in the faid town, and the overplus, after erecting a church, to be
referved and applied as a fund for the faid fchool, in the hands of the faid commif-
fioners
L AW S OF GEORGIA.
285
fioners and their fucceffors in office, for ever, as truftees for the fole purpofe of car-
rying this law into execution ; they the faid commiffioners, to be liable to all and
every examination the commiffioners for the Augufta academy are by this acl fubjedl
to ; and in the fame manner, the faid commiffioners or a majority of them, their fuc-
ceffors in office or a majority of them, are hereby fully empowered to give full and
ample titles, on fuch fales, for lots in the town of Wafhington, and the monies and
funds in like manner to place out at intereft as to them fhall likewife appear mod
advantageous ; and proper mafters to engage for ruling the faid fchool ; and bye- laws
to institute, and contrails to enter into for the building the faid church and fchool.
X. And be it further enacted. That on the death, neglecl, or refufal to acl, or fuf-
penfion of any, all, or either of the faid commiffioners or truftees herein named,
others fhall be appointed by his honor the governor and executive council to fill up
the vacancy ; and that fuch fucceflbr or fucceffors fhall be, and he and they hereby
is and are fully inverted with all the powers of his or their predeceffor or predeceffors
in office, and he or they fhall be liable to all and every the examinations before men-
tioned and contained ; and that the faid commiffioners and their fucceffors, fhall
render in their accounts upon oath, and produce proper vouchers, and fhall be allowed
a clerk for keeping the accounts and tranfaclions of the faid trufteefhip, who fhall
be paid fuch falary as the faid truftees may think adequate to this fervice, out of
the faid funds.
XI. And be it enabled by the authority aforefaid, That from and immediately after
the paffing of this acl, Thomas Lewis, fen. Thomas Lewis, jun. John Duhart, Ed-
ward Telfair, and John Jones, are hereby declared and empowered as commiffioners
for carrying into execution the intentions of this adl, for laying out a town on a
referve of public land in the county of Burke, into acre lots, and difpofing of the
fame at public outcry, and the monies arifing therefrom to be applied to the purpofe
of erecling the neceiTary public buildings in the faid town, to be known by the name
of Wayne/borough; the faid commiffioners not to difpofe of any number that fhall
exceed two hundred lots, fubjecl to fuch reftriclions as herein before contained,
and declared for the better regulation of the town of Augufta, in the county of
Richmond.
XII. And be it further enacted. That his honor the governor, and executive coun-
cil fhall be empowered to grant to the faid truftees for carrying this law into execu-
tion, and for the fole purpofe and intereft of the faid academy, fuch trait or tracls
of vacant land they may apply for, not exceeding the quantity of two thoufand acres.
XIII. And be it further enacted, That on application by the commiffioners afore-
named, for the town of Wafhington, his honor the governor is hereby empowered
to pafs a grant for fuch trait or tracls of vacant land, not exceeding one thoufand
acres, for the fole ufe and purpofe of the faid free fchool in the faid town.
XIV. And be it further enaft-d, That on application from any perfon or perfons
duly authorized by the refpeclive counties,* his honor the governor fhall be, and he
is
* Chatham county appears to lie excepted as to this provifion by a<5t of 1788, No. 388, in which other and
more liberal endowments are made to the academy of that county.
A.D. 1733.
No. 282.
Subj^cl to like
examination, to
make titles, and
to exercife like
cowers refpect-
ing the fchool
and funds at
Wafhington as
the truftees of
Augufta.
Vacancies to he
filled, and their
accounts exa-
mined by the
executive.
Allowed a clerk
and to make a-
dequate com-
penfation.
Commiffioners
named and ap-
pointed to lay
out a town in
Burke county,
TVaynefborough ,
with powers to
make fale of
lots not exceed-
ing two hun-
dred, for public
buildings, &c.
The governor
empowered to
grant locoacres
land to the
truftees for the
ufe of the faid
academy.
loco acres for
ufe of the free
fchool at Wa-
fhington.
And on applica-
tion of perfons
duly authorized
may grant 1000
acrei to the re-
fpecrtivecounties
for free fchools.
236
DIGEST OF THE
A. D. 1783. is hereby likewife empowered to grant one thoufand acres of vacant land for erecting
No. 283. free fehools in the above town of Wafhington.
Public aft XV. And be it further enacted, That this adl fhall be a public adl, and given as
fuch in evidence.
WILLIAM GIBBONS, Speaker.
Savannah, July 3 I, 1783.
No-. 383.
Repeal of that
part of the act
t'ur opening the
landofficewhich
requires a ma-
jority of juftices
to iffue warrants
Any 5 or more,
one . of whom
being an aihft-
antjuftice, em-
powered to hold
a land court on
firft Monday in
every month at
the place of
holding the fu-
perior courts,
and conftitute a
board fully
competent, &c.
Audited ac-
counts to be re-
ceived as fpecie
in purchafes of
land under the
aforefaid a<£l.
Provifo.
One year only
allowed to pay-
ing them in.
Surveys of land
on old warrants
not granted.
An Acl to repeal and amend fome part of an acl, entitled " An acl
for opening the land office."
r"!TT"HEREAS it is found by experience that fome part of the adl for opening
Y the land office does not anfwer the falutary purpofes thereby intended, Be
it therefore enabled by the reprefentatives of the freemen of the State of Georgia in gene-
ral ajfembly met, and by the authority of the fame, That the claufe of the aforefaid adl,
or that part of it which requires a majority of the juftices of a county to grant a
warrant for unlocated lands, be, and the fame is hereby repealed, and made null and
void.
II. And be it further enabled by the authority aforefaid. That the juftices of the feve-
ral counties or any five* of them, as hereafter mentioned, (hall meet in their refpec-
tive counties on the firft Monday in each month, and for as many days following as
they fhall find it neceffary, to hold a court at the place where the fuperior courts of
fuch counties refpedlively are held, and the faid juftices fo met, or any number of
them, not under five (and of which five or greater number, one or more of the
affiftant juftices of the county (hall be a part) fliall conftitute a board, and be compe-
tent to do and tranfadl ait and fingular the bufmefs pointed out and required by the
faid act, to be done by a board of juftices.'
III. And be it further enacted by the authority aforefaid, That in all and every cafs
where any perfon or perfons applying for land under the faid adl for opening the
land office fhall have juft claims againft this State, and fliall be pofleiTed of a certifi-
cate in his qr her own name, either under the hand of the prefent or the laft or any
future governor, for the amount of the fame, or if any account duly audited agreea-
ble to law, that fuch certificate or audited account, fliall be taken and received as
fpecie, or gold or filver coin, in any purchafe of unlocated lands within the late
temporary boundary line of this State, he, fhe or they may make under the faid adl:,
not exceeding the quantity therein mentioned : Provided fuch certificate be brought
in and delivered to the treafurer within one year from and after the palling of this
adl, and not otherwife.
IV. And whereas many perfons now refidents of other States, have formerly obtained
warrants under which they have furveyed lands in the different counties of this
State, and have never obtained grants for the fame, Be it therefore further enabled, by
the authority aforefaid, That his honor the governor be empowered and required to
iffue
* The fame power given to three common juftices, by act of 1789, No, 422.
LAWS OF GEORGIA. 287
iffue his proclamation Immediately after the paffing of this act, and caufe the fame to 4^D- :"8j-
be publifhed in the feveral gazettes of the United States, requeuing all and every Governo,. ^ i1i;,e
fuch perfon or perfons, refidents of other States, who hold lands by furveys as rpquiai'ni3"!^'™
aforefaid, or other claims, that he, fhe or they (hall come in within the ipace of ^t^Uindtby
twelve months after iffuing of the faid proclamation, and fettle their refpective claims 'omc i^'STenie
according to' the laws of this State ; and on default of their not coming in within the mondis.eiut-velve
time limited, every fuch furvey or claim is hereby declared null and void ; and any in default thereof
other perfon or perfons entitled to land fhall be at liberty to apply and obtain grants red \-om" andW
for the faid land, the fame as for any other unlocated lands within this State, notwith- to be vacant,
{landing faid furveys or claims. Provided neverthelefsy That nothingjierein contained Provifo.
(hall extend to affect or injure the right of any perfon or perfons who is or are
at prefent in his, her or their minority, until one year after fuch perfon or perfons
(hall arxive at the age of twenty- one years.
V. And be it further enaEted by the authority oforefaid% That in all and every cafe Perfons apply-
where it fhall be made appear to the fatisfaction of his honor the governor, that the towhich &e fa-
party applying for, and entitled to, any grant (to which the father or hufband of ther or hufband
f- 1 1 -ii '• 1 r r-v was entitled pn-.
him, her or them was entitled at any time before the twenty-ninth of December, 0r to 29th Dec.
which was in the year of our Lord, one thoufand feven hundred and feventy-eipht) lVh> beinf a
' ; . minor, orwidow
is a minor under the age of twenty-one years, or a widow, and that fucli a widow fince that peri-
hecame fo fince that period, and that the father of fuch minor or hufband of fuch fe w^ve been
widow did actually in his life time, pay the coil or fees of his grant in the proper paid, (hall have
offices, that in all and every fuch cafe the faid minor or widow fhall be exonerated df^fthTr coll^
from all fees or coft, and his or her grant fhall be paffed and figned, fealed, and
delivered gratis, and his honor the governor, and the other officers concerned in
the figning and making out grants, fhall charge their refpective fees to the public.
VI. And be it further enaEled by the authority afore/aid, That nothing in this act This act not to
contained, fhall extend or be conftrued to extend, to authorize and empower the FnryPower. the
* ' r julnces 01 anj-
juftices (in number before mentioned) who fhall be met and convened for the pur- county to hold
pofe of granting lands, to hold more than one court at one and the fame place and ™ndcourtat the
time ; and the affiftant juftice then prefent, who fhall be the fenior, either by an fame time and
older commiffion or by being firft named in the fame commiffion with others, fhall pjo" 'affiftant0'
prefide in the faid court, and fhall be inverted with all and fingular the powers given Juftice prefent
to, and be under the directions pointed out for the prefident of the justices in and by
the act for opening the land office as before mentioned.
WILLIAM GIBBONS, Speaker.
Augujla, Auguji I, 1 7 S3.
A. D. 1 784.
An Aft for afcertaining the qualifications necejary for the admiffion of atiornies, folicitors No« a84-
and proclors in this State.
February 20, 1784.
Repealed by aS of 1 789, No. 421.
Aa
288
DIGEST OF THE
A. D. 1784. An del to empower the governor and the executive council to iffue fpecial commijjioners of
No. 285. oyer and terminer to the chief jujiice and the affijlant jujlices in the feveral counties
within this State for the trial of criminals .
February 24, 1784.
Obfokte.
No, aS<5.
Preamble,
Enacted.
All contracts
for land here-
after made with
Indians, excepc
for theufe of the
S:ate,tobevoid,
and perfons fo
offending to for-
feit £100 for
every offence.
Provifo.
Nothing- in this
■&& to be con-
ihued to con-
firm purchafes
heretofore
made, but to
enforce fo much
of the acl paffed
under the form-
er government,
as tends to pre-
vent fuch ceffi-
ons to private
perfons.
For preventing
difturbances
with Indians —
no perfon allow-
ed to trade with
them without
licenfe, not to
trefpafs on lands
beyond the tem-
porary line.
An Acl to regulate the Indian % trade ; and for other purpofes therein
mentioned.
WHEREAS the fafety, welfare, and tranquillity of the State of Georgia, do
in fome meafure depend on the maintaining a good correfpondence between
the citizens of this State, and the feveral nations of Indians in amity with the good
people of the fame y And whereas many inconveniences have arifen from private perfons
claiming lands the property of this State, under pretence of certain purchafes made by
them from the Indians, which have given occafion for difputes with thofe people : For
remedy whereof, and for preventing any differences and difputes with the Indians for
the future, and alfo for preventing perfons trading with them without licenfe :
I. Be it enabled by the freemen of the State of Georgia in ajfembly met, and by the autho-
rity of the fame, That from and after the palling of this act, if any perfon or perfons
whofoever (hall attempt to purchafe or contract for, or caufe to be purchafed or con-
tracted for, or fhall take or accept of a grant or conveyance of any lands, or tracts of
lands, within the limits of the Indian hunting grounds in this State, from any Indian,
or bodies of Indians, upon any pretence whatfoever, (except for the ufe of this State,
and then nnder an act. or refolve of the affembly of the fame) every fuch purchafe, con-
tract, grant, and conveyance, mall be, and is and are hereby declared to be null and
void, to all intents and purpofes whatfoever ; and all and every perfon and perfons fo
offending fhall, for every fuch offence, forfeit the fum of one hundred pounds fterliug
money, one half thereof to the ufe of this State, and the other half to him or them
who fhall fue for the fame, by action of debt or information, in any fuperior court
in this State, in which no unneceffary delay fhall take place ; Provided, nothing herein
contained fhall extend or be conftrued to extend, fo as to validate or confirm any cef-
fion or ceflions from the Indians to any perfon or perfons whatever fubfequent to the
date of any act or acts paffed under the former government of this State, then province
previous to the nineteenth day of April, in the year of our Lord one thoufand feven
hundred and feventy five, but on the contrary to enforce fo much of the faid act as
tends to prevent fuch ceffion or ceffions to any private perfon or perfons, and to annul
and invalidate the fame.
II. And be it enabled by the authority aforefaid, for the better preventing diftur-
bances among the Indians, by perfons bartering with them in the woods, or hunting in
their grounds, or in any other wife trefpaffmg on the fame, that from and after the
paffmg of this act, it fhall not be lawful for any perfon or perfons to fell, truck, barter,
or
* This power is veiled in the genera] governmeEt by the conftitution of the United States.
LAWS -OF GEORGIA., 289
or exchange with any Indian or Indians, any rum or other throng liquors, clothing, A. D. 17S4.0
arms, ammunition, or any other thing whatsoever, privately in the woods, in their No. i,36.
hiinting grounds, or at cow-pens in the fettlements, or at any other place other than
at ftoves or houfes licenfed for that purpofe, or fhall hunt or trefpafs on the lands
beyond the prefent temporary boundary line.
III. And for preventing of fuch offences, and punifhment of fuch ill difpofed per- Perfons offend-
fon or perfons, Be it enabled by the authority afore/aid, That every one fo offending as a"£ t0 _f?rfeit
aforefaid fhall forfeit and pay, upon legal conviction before any fuperior court of this be applied— Li
State, the fum of one hundred pounds flerling, one half thereof to be paid to him, her dcfauit of f''Y'
3 r °' . . " merit to Inner
or them, who fhall fue for and profccute fuch offenders to conviction, and the other corporal pun ifh-
half info the public treafury of this State, for the ufe of the fame ; and if fuch offen- nieu
der fhall not have fufficient effects whereon to levy fuch fine, then, in every fuch cafe,
the offender fhall fuffer corporal punifhment, by whipping, not exceeding thirty-nine
taffies, on the bare back, to be inflicted by order of the judges of the fuperior court at
which fuch offenders fhall have been convicted ; and the juftices of the peace, upon Duty of juftices
complaint made of any fuch offence, are hereby authorized and required to bind over °[ tnc i'c;cc Zo
the offender, by recognizance, with fumcient fureties, for his appearance at the next offudxpffeui s,
fuperior court, to anfwer fuch action or infomation as fhall then be brought'or exhi- ai.i- 4 , °V;l*
t r ■ P onendcrs to the
bited againfl him purfuant to this act, and4 for want of fureties, to commit fuch of- fuperior court,
fender to the common gaol.
IV. And be it further enabled by the authority afofefaidt That from and after the paf- Penon? trading
fing this act, if any perfon or perfons whatfoeverv(other than fuch as duly take out li- ^" "fumine to
cenfe or licenfes from the governor and executive council of the faid State, the form e'reiS houfes,
of which licenfe is hereunto annexed) (hall, directly or indirectly, trade, traffic or j:'^ teferved
barter with any Indian or Indians, (except for the neceffary fupply of provifions in their for Mian hunt-
pa fling; or repairing to and from the nation) or fhaji prefume to erect or fet up any be pfoceejied a-
houfes or huts on the lands referved for the Indians as hunting grounds, or for their Sa!
own ufe, fhall be proceeded agalnft as before directed.
"The remainder of this atl relates to trade with Indians,,
JAMES HABERSHAM, Speaker*
. Savannah, February 25, 1784..
nit.
An Aft for reviving and enforcing certain laws therein mentioned. No 2?;.
'HEREAS during the late convulfions in this State feveral falutary laws were pre3n,ti(-,
loft, and deftroyed, that had from time to time been enacted by the general
affembly of the fame ; and among ethers, an act reviving and putting in force fuch
and fo much of the laws of the province of Georgia as were adjudged neceffary to be
in force in this State ; And whereas the faid laws are ferine rnoft part fuited to die M
circumftances of the people ; And whereas it is abfolutely neceffary for the well govern-
ing every State that laws properly adapted .to the circumftances of the inhabitants be
at all tiares in force ; Therefore be it enacted by the reprefntatives of the freemen of the -£nziciCi^
O c State-
290
DIGEST OF THE
A. D. 1784.
No. 287.
All laws in force
on 14th Maty,
1776, not con-
trary to the con-
IHtution, laws,
and forn-t of go-
vernment now
eftablifhed, de-
clared to be in
full force, until
repealed, &c.
And alfo the
common laws
and certain fla-
tute laws of
England.
All fines, &c.
made payable
by any of the
fa id acts to the
king, directed to
be paid into the
public trcal'ury ;
and all authori-
ties given to
public officers,
to be exercifed
by thofe ap-
pointed under
this govern-
ment.
No. 288.
State of Georgia in general affembly met, and by the authority of the fame, That all and
fmgular the feveral acts, claufes, and parts of acts that were in force, and binding
on the inhabitants of the faid province, on the fourteenth day of May in the year of
our Lord one thoufand feven hundred and feventy-fix, fo far as they are not contrary
to the conftitution, laws and form of government now eilablifhed in this State, fhall
be, and are hereby declared to be in full force, virtue and effect, and binding on the
inhabitants of this State immediately from and after the paffing of this aft, as fully
and effectually to all intents and purpofes as if the faid acts and each of them, had
been made and enacted by this general affembly, until the fame fhall be repealed,
amended or otherwife altered by the legiflature. And alfo the common laws of Eng-
land, and fuch of the flatute laws as were ufually in force in the faid province, except
as before excepted.
II. And be it further enacled by the authority aforefaid, That all fines, penalties and
forfeitures inflicted, or made payable by any of theaforementioned acts to the king
of Great Britain, are hereby directed to be paid into the public treafury of this State
for the ufe of the fame, and that all authorities given and enjoined, by any of the
faid acts to any public officer, are hereby given and enjoined to fuch public officers
appointed under the conftitution or form of govei-nment eftablifhed in this State and
agreeable to the fame.
JAMES HABERSHAM, Prefdent,
Savannah, February 25, 1784.
An Act for fettling and afcertaining the fees to be taken by the feveral public officers, and
perfons herein after named.
February 25.
See atl of 1790, No. 433.
pyy^T^sCT
No. 289.
Preamble.
Enacted.
Temporary line
circumfcribing
Indian hunting
grounds. The
fame particular-
ly defined.
An Acl for laying out tivo more counties to the ivejlivard, and point-
ing out the mode of granting the fame.
HEREAS it is neceffary in order to ftrengthen this State, and for the con-
venience of the inhabitants, that new counties fhould be laid out and properly
fettled, Therefore, be it enacled by the reprefentatives of the freemen of the State of Georgia,
in general affembly met, and by the authority of the fame, That the prefent temporary
line circumfcribing the Indian hunting ground, fhall be marked by a line drawn
from that part of the north branch of Savannah river, known by the name of Keowee,
which fhall be interfered by a line running north-eaft from the Okunna mountains,
thence in the fame direction to Tugalo river, from thence on a direct line to the top
of Currohee mountain, thence to the head or fource of the moft fouthern ftream of
the Oconee river, including all the waters of the fame, thence down the faid river
to the old line, thence along the faid line.
H.
LAWS OF GEORGIA.
l9l
II. /4nd be it further enabled by the authority aforefaid, That two counties (hall be
laid out, and annexed in the form and manner following, that is to fay, beginning
at Savannah river where the weft line of Wilkes county ft r ikes the fame, thence
along the faid line to the Cherokee corner, from thence on the fame direction to the
fouth branch of the Oconee river, thence up the faid river to the head or fource of
the moft fouthern ftream thereof, thence along the temporary line feparating the
Indian hunting ground to the northern branch of Savannah river, known by the
name of Keowee, and down the faid river to the beginning ; and all that tract of
land included within the aforefaid lines mall be a county, and known by the name
of Franklin.
III. The fecond county fhall be bounded by a line beginning on the Oconee river
where the laft mentioned line ftrikes the fame, thence along that river to where it
ftrikes the former temporary line, thence along the faid line to the Cherokee corner,
and from thence to the beginning : And all that tract of land included within the
aforefaid lines fhall be a county, and known by the name of IVofl/ington.
IV. And be it further enabled by the authority aforefaidt That any perfon or per-
fons defirous of making application for lands in the aforefaid counties fhall prove
his, her, or their rights, either before the governor and council for the time being,
or one afliftant judge and two justices of the county where fuch perfon or perfons
refide, and a certificate thereof under the hands of fuch juftices, or proof before
the governor and council as aforefaid, fliall entitle the perfon or perfons fo applying
to a warrant for his, her, or their rights proved as aforefaid, fo as the fame mail
not exceed one thoufand acres to anyone perfon whatfoever : And the governor
and council are hereby requefted and empowered to proceed in the manner herein
after directed for granting the fame ; and to keep a book of entries and enter therein
the names of fuch perfons as may apply for warrants, and alfo the date and number
of each warrant by them granted, which fliall be located to fome particular county.
And when it fhall fo happen that two or more perfons apply to a furveyor to furvey
one and the fame tract of land, then, and in that cafe, the faid furveyor fhall decide
and give the preference to the perfon whofe warrant is firft numbered.
V. And be it further enabled by the authority aforefaid, That every citizen of this
State, or of any other of the United States, that fliall come with an intent to fettle
and form an actual refidence in this State, fliall be entitled to a warrant of furvey
for any quantity of unlocated lands within the aforefaid counties in manner afore-
mentioned, fo as the fame fhall not exceed one thoufand acres to any one perfcn
whatfoever : Provided that fuch perfon or perfons have not already taken up his,
her, or their head rights, agreeable to an act for opening the land office, palled the
feventeenth of February, one thoufand feven hundred and eighty-three: And fhall
pay the fees of office at the time of applying for fuch warrant or warrants.
VI. And be it further enabled by the authority aforefaid, That he, fhe, or they fo
applying* fhall pay for each and every acre granted as aforefaid, the fum of three
fhillings
* Exempt from purchafe money as far as iooo acres in Franldin and Wafhington ; and in other counties as
far as head rights. See acl of 1785, No. 304, feci, 1, a.
A. D. 1784.
No. 289.
Two counties
laid out.
Boundaries of
Franklin.
AvA of Wafh-
ington couniv-.
Perfons apply-
ing; for lands in
thofe country,
to prove their
rights before
the governor,
or one affiilant
judge and two
jultices in the
county where
they refide.
No perfcn enti-
tled to more
than icoc acres
Surveyors to
give preference
to warrants firft
numbered.
Any citizen of this
or of other States
fettling in iliis
State, entitled (o a
warrant not ex-
ceeding 1000 acres
in tue~faid coun-
ties.
Provifo.
If tliev have not-
already taken up
held lights.
Offic e fees vo b«
paid on application;
for warrants.
Perf lis fo apply-
ing for land to pay
3/.per acre in gold
or filver coin : one
moiety in 2 years,
and the other in 3
yi-arifrcm the date
of the warrant.
DIGEST OF THE
. D. 17S4.
No, 28a.
Provifo.
Bond and mort-
tobejjrveg
< £ lands grant'
ed.
Perfensfettling,
&c. lancfc ft)
granted, h'ow to
be exe-r.pt irom
taxation 3 years.
ityfpryeyor
to be app<
for each county,
with power to
appoint 6 deptt-
ties,laymgoff to
each a feparate
diftrict.
Lines to be>dif-
tineHy marked,
and 2 {rations to
be made on each
jine,unlefs a na-
tural boundary.
Certain petiti-
oners (■! the
State of Virgi-
nia.
SBth of them as
gerfonnaliy ap-
ply in terms of
this act, entitled
to a warrar.t cf
rcfcrve for 15
months', !)ut to
fettle and culti-
vate the fame in
the mean time,
or (ach warrants
to become void,
'-■'■■,,■ --
> in gold or -filver,. that is to fay in Mexican or Spanifli milled dollars at four
{hillings and eight-pence each, and half Johannes's at thirty-feven fhillings and four-
pence each, and all other coins at the fame rates in proportion, the one moiety to
be paid in two years from the date of the warrant, and the other moiety at the
expiration of three years : Provided alfo, that each and every perfon mail before
obtaining fuch grant as aforefaid, give bond to the governor of the State for the
time being, and his fucceffbr in office for the confideration herein particularly fpeci-
fied, and mortgage upon the land fo granted. And upon full payment and difcharge
of the ipecific confideration as aforefaid, each and every perfon fha!l have his, her,
or their bond and mortgage delivered up, and fatisfadtion entered thereon for the
fame.
VII. And be It further enabled by the authority aforefaid. That any perfon producing
a certificate from under the hands of two juftices of the county in which he or fhe
has fo refided, that he or fhe has actually lived on the faid land fo granted as ai'ire-
faid, the whole of the preceding year, and hath cultivated at leaft three acres for
every hundred fo granted ; then and in that cafe fuch land fhall be exempted from
taxation for three years from the date of the warrant : Provided fuch certificate be
obtained within eighteen months from the time of the furvey of the faid land.
VIII And be it further enacted by the authority aforefaid, That a county furveyor
fhall be appointed for each county who fhall have the power of appointing affiftant
furveyors, not exceeding fix in number in each county. And the faid county fur-
veyors are hereby required to lay out and appoint a diftrict for each and every fuch
affiftant furveyor, who (hall be authorized to furvey within fuch diftricl: only, and
fhall make his returns to the county furveyor, who fhall keep a record thereof, and
tranfmit the fame to the furveyor general as the law directs j and the faid furveyors
are required distinctly to mark the lines round each and every tract which fhall be
by them furveyed, and make at leaft two ftations on each line, except fuch lines as
are marked by natural boundaries.
IX. And whereas the general afiemhly of this State in confequence of petitions
from fundry inhabitants of the State of Virginia, did on the thirteenth day of Febru-
ary, in the year of our Lord one thoufand feven hundred and eighty-three, order
that two hundred thoufand acres of land be referved to the ufe of the faid petitioners,
which land v/as intended to be located in the aforefaid counties, or either of them,
and for the convenience and intereft of the individuals fo concerned, it is but confo-
nant to juftice that they be permitted, and they are hereby authorized to fix on the
county and place wherein they would fettle. Be it therefore enabled by the authority
aforefaid, That fuch of the faid petitioners as perfonally apply in the manner herein
before pointed out, fhall be entitled to a warrant of referve for fifteen months from
the paffing of this act ; but if at or before the expiration of that time, fuch perfon or
perfons fhall not actually become refidents of this State and remove their families,
and fettle and cultivate their lands, agreeable to the terms pointed out by this act,
then and in that cafe, the faid warrant fhall become null and void, and the faid land
revert to the State, and be granted to any perfon or perfons applying for, and enti-
tled to the fame. X,
L A W'-S Oj? GEORG I A. 2^3.
X. And be it further enacted by the authority aforefaid^ That all perfous who have :A* •£*• s?84*,
caveats depending in manner pointed out in the laft land a£t puffed at Savannah, the perfc«\aving
Seventeenth of February, in the year of our Lord one thoufand feven hundred and caveats depend
.,, S • 1 iri , t 1 i)> '"? voider land
eighty-three, or fetch as may hereafter have any caveats anting under and oy virtue aft of Feb. 5783
of the faid land act, fnali be at liberty to appeal from the decifion pointed out bv a!lowed t0 lP*
• -?Aiirv 11 r F,Ci" to the go-
the fame to the governor and executive council : And alio, that all caveats refpecc- vemor & ccun-
i-ng the granting of lands under this a£t. (hall be entered in a book kept for that purpofe "';..^om v^ofe
by the Secretary of the executive council and tried before his honor the governor or fha!l be no a'p-
the prefident of the council, for the time being in council* who are hereby required p
and empowered to proceed to decide on Such caveats in maaner and form as thej
think moil conducive tojuftice, and from their decifion there mail be no appeal.
XI. And be it further enaBed by the authority aforefaid, That all the lands between the All the lands be-
f 1 n 1 <• • r tween tfie north
north and fouth fork of the Oconee up to the pre lent temporarv line be,+ referved the *•'<' fouth fork of
k l '- ■' Oconee up to the
term of twelve months for the officers, feamen and foldiers who are entitled to land Vnit,:- lefervea i«
' mouths torofoo't-.,,
in this State by any refoive of congrefs or adl or refolve of this State ; refugees, and fcameu and ti>i-
y . J o » o ' diers, entitled By
other militia excepted : And that the fame lands according to the proportion allowed ^S^'fa; w
to fuch officers, feamen, or foldiers and entitled to the fame, be fully, freely, and gtite?' feaut ri!
absolutely granted to them and every of them, their heirs and affigns for ever, on jl^e? osike^ '.-,.■.
application for that purpofe without any, restriction or incumberance (office fees ex- excePted'
cepted) or neceffary qualification in regard to cultivation, any thing herein contained
to the contrary notwithstanding : Provided fuch officers, foldiers or feamen fhall Provifo.
not by virtue of his bounty take the land in any other part of the aforefaid counties,
XII. And whereas the encouragement of religion and learning is an object of
great importance to any community, and muft tend to the profperity, happinefs and
advantage of the fame, Be it therefore enaEied by the authority aforefaid, That the county ; «»opo acres of
Surveyors, immediately after the paffing of this aft fhall proceed to lay out in each jn 5000 We traits
county twenty thoufand acres of land of the firft quality, in feparate tracts of five each county for
; , iri 1 r it r • - 1 1 tiie endowment of
thoufand acres each, for the endowment or a college or lemmary or learning, and a college,
which faid lands fhall be vefted in and granted in truft to his lienor the governor, vefted In cer-
for the time being, and John Houfton, James Haberfham, William Few, Jofeph tain truftees,
and their iuc*
Clay, Abraham Baldwin, William Houftoun, and Nathan Brownfon, efquires, and teflbrs for the
their fucceffors in office, who are hereby nominated and appointed truftees for the ufe of the fame,
J ..'■'.. with power to
faid college or Seminary of learning, and empowered to do all fuch things as to them fin vacancies,,
Shall appear requifite and neceffary to forward the eftablifhment and progr'efs of the
fame : And all vacancies (hall be filled up by the faid truftees. And the faid county
furveyors fhall in fix months after the paffing of this acl: make return to the truftees -
herein before mentioned of regular plots of all fuch tracts as he fhall have laid out
and furveyed by virtue of this a£h
XIII. And be it further enaBed by the authority aforefaid, That the land granted as The land fo
aforefaid Shall be exempted from taxes. • f antf f"**
XIV, .
* The governor alone empowered to try appeals on caveats by ad of 1789, No, 422.
f See further referve by a& of 178,5, No, 304, fed, 10, '
294
DIGEST OF THE
A. D. 1784.
No. 289.
Citizens of o-
ther States, how
to obtain a re-
ferve warrant
not above 1000
acres for twelve
months.
Provifo.
Ofrkers,&c. en-
titled to boun-
ties of land lor
iervices, to be
allowed 1 5 acres
iti addition to
each hundred in
lieu of exempti-
on from taxes.
The governor,
or prefident
with 3 or more
of the council to
open a land
court at Auguf-
ta, for the pur-
pofe of granting
out lands.
And to try ca-
veats under this
acl.
Provifo.
Governor may fign
giants for all fur"
veys legally made
Withitl die late
temporary line,
without ieuleiuenc
etc.
XIV. And be it further enacled by the authority afore/aid, That if any citizen o£
any other of the United States (hall apply to the juftices aforefaid, or to the governor
and executive cbuncil for the time being, and produce to them fufficient evidence of
his, her, or their hone ft y and fidelity j and alfo take an oath that it is his, her, or
their intention to remove, and become an inhabitant of this State, and the faid
juftices do certify the fame ; then and in that cafe his honor the governor and coun-
cil are hereby authorized to grant fuch perfon or perfons fo applying a warrant of
furvey for any quantity of land not above one thoufand acres on referve for twelve
months: Provided never thelefs, and it is hereby enacled, That if it fhall fo happen that
any citizen v/ho may have obtained fuch a warrant of referve, and doth not actually
fettle and cultivate the fame within the time before mentioned according to the true-
intent and meaning of this act, the faid warrant fhall be and the fame is hereby
made null and void, and the faid land fhall revert to the State.
XV. And be it further enacled by the authority aforefaid, That all the officers and foldiers,
all the officers and mariners of the navy, officers of the medical department, refu-
gees, and citizens, who are entitled to land in this State, as bounties for their fervices,
in manner as above mentioned fhall be entitled to have included in their grants an
additional quantity of fifteen acres to each hundred, in full, for and in lieu of any
exemption from taxes ; and every act, and claufc of an act, allowing fuch exemp-
tion from taxation, fhall be, and the fame is hereby repealed, and declared null and
void, any thing to the contrary hereof notwithstanding.
XVI. And be it further enacled by the authority aforefaid. That a land court fhall be
opened at Augufta, on the firft Tuefday in April next, by his honor the governor,
or the honorable the prefident, with any three or more of the executive council,
for the purpofe of granting out lands under and by virtue of this act, which faid
court (to be compofed of his honor the governor, or the honorable the prefident,
with any three or more of the executive council as aforefaid) fhall continue fittings
from the faid firil Tuefday in April, for and during the fpace of three months thence
next enfuing, on every Monday, Tuefday, and Wednefday, of each week in the faid
term, for the purpofe of granting and figning grants, and on every Thurfday and
Friday of each week in the faid term, for the purpofe of hearing caveats under this
act j and it fhall and may be lawful for his honor the governor, and the honorable
the prefident, with any three or more of the executive council, to fit month about,
in the faid court, fo that whilft the one fhall be at Augufta, with three of the coun-
cil, holding a land court, the other fhall be at Savannah, with a conftitutional num-
ber of the council, holding and exercifing all other the executive powers of govern-
ment : Provided neverthe/efs, That nothing herein contained fhalL. extend or be con-
flrued to excufe both the governor and the prefident with all the members of the
executive council, from attending and being prefent when and where the legiflature
fhall next meet, nor from remaining at fuch place during the feffion of the faid
legiflature, purfuant to the conftitution.
XVII. And be it further enacled by the authority aforefaid, That his honor the gover-
nor be requefted to fign grants for all furveys of land that are or may be legally
made
LAWS OF GEORGIA. 29S
made within the late temporary line, any requisition to* cultivate the fame, or law A. D. 1784.
or cuftom to the contrary notwithftanding : Provided only, That fuch per.fo.ri or per- No« 289-
fons as may apply for the fame actually refide within this State.
XVIII. And be it further enacted, That all refugees, and citizens of this State, Refugees and
who are by any act or refolve of this State entitled to land as a bounty, and (hall state entitled ro
choofe to take the fame in either of the aforefaid counties, on obtaining the warrant bounties:— how
and furvey thereof, and paying the office fees, fhall be entitled to a grant without fame ;n tnc. faj<j
any reftriction or delay whatfoever. counties.
XIX. And be it enabled by the authority aforefaid, That every part of any act already So much of
paffed in any wife contrary to the true intent and meaning of this act, ihall be, and
the fame is hereby repealed. . repealed
JAMES HABERSHAM, Speaker. .
Savannah, February 25, 1784.
* Settlement and cultivation again required. See act of 1785, No. 304, feci. 3.
former a els as is
contrary to this.
An At~l to compel perfons *who have, or hereafter may receive public No. vp.
money or effects, to account for the fame*
HEREAS, in the courfe of the prefent contefl between the inhabitants of
the United States of America and Great Britain, very great and large fums
of money have been emitted by order of the legiflature of this State, and very large
and confiderable fums have been advanced by congrefs for the ufe and carried to the
debit of the fame : And whereas many of the perfons in whofe hands fuch money
has been depofited have refufed or neglected to exhibit their accounts and vouchers,
and to account for the expenditure of the fame, notwithftanding the repeated refolves
and orders of the legiflature for that purpofe : In order therefore, to compel the To compel per-
defaulters aforefaid, and every of them, and all others to whom the public money fons poffeffing
pud lie money
or effects of this State may have been advanced, either before or fince the revolu- &c. to account
tion, or who may be otherwife poffeffed thereof, and who ought to account for the for the fame*
fame, to appear before the auditor appointed or to be appointed, by or in purfuance
of this act, to attend the faid auditor, and produce their accounts and vouchers and
fettle the fame, and pay or deliver to the treafurer of this State the balance which
may be refpectively due to the State from fuch defaulter ; Be it therefore enabled by j-he auditor is
the reprefentatives of the freemen of the State of Georgia in general ajfembly met, and by fullv emP°wer-
the authority of the fame, That the auditor for the time being is hereby authorized with aud't all fuch ac-
full power to collect, audit, liquidate, adjuft and fettle the accounts of fuch perfon counts«
or perfons as have been or hereafter may be intruded with, or have or may become
poffeffed of the monies, goods or effects of this State, and who may be accountable
for the fame.
II. And be it enabled by the authority aforefaid, That the faid auditor of accounts After fubferib-
(hall, before his entering; upon the duties of the faid office, take and fubferibe in inS an oath 'n
° r . > , prelence ot the
the prefence of his honor the governor and executive council, the following oath, governor.
and
296 DIGEST OF THE
A* D. 1784. and Ins honor the governor and executive council are hereby authorized and required
No. 490. to adminifter the fame : " I, A. B- do fwear, that I will truly and faithfully per-
The form there- form, do, and execute, the feveral duties required of me as auditor of accounts.
The auditor to to tne De^ °f rny &iM and abilities, and herein' I will fpare no perfon through fear,
open an office, faVor, or affefticn, nor grieve any through hatred or ill will."
pne clerk, and HI. And be it entitled by the authority aforefaid^ That the faid auditor is hereby
to give public hefted and empowered to open an office for the purpofe of regularly receiving,
place of holding auditing, and fettling the faid accounts, and may have, or employ one accurate
the faaie. accountant or clerk, to affrft him in the bufinefs hereby committed to him ; and the
faid auditor (hall give public notice of his appointment, and of the place where the
faid office fhall be kept, by advertifement publifhed in the gazette, and -by like adver-
tifement to be pofted up in the moft public places in the feveral counties of this
State, requiring all perfons who ought to account before the faid auditor to attend
at the faid office and to produce their accounts and vouchers, and other evidence
neceffary to fupport and afcertain the fame, within three months after the paffing of
lis aft : And that all perfons who have received money, goods, or effects, do
attend the faid auditor, and comply with the directions of this aft, under the pains
and difabilities herein after provided ; and the faid auditor is hereby required to give
fuch public notice immediately after the paffing of this aft.
1st books E ^' 4nd be it enabled by the authority afore/aid, That the -faid auditor fhall' be,
tingutfhing and he is hereby authorized to purchafe and prepare proper and fufficient books, in
ftf^heStitefrom w^c^ *ie fhall enter all accounts by hirn fettled, therein carefully diftinguifhing and
fuch as belong feparating all fuch accounts and charges as are the proper accounts of this State
States. from fuch as belong to the account of the .United States, or any of them.
Empowered to V". .And be it further enacted by the authority aforefaid^ That it fhall and may be
call before him }awful to and for the faid auditor, as often as cccafOn may require, to call before
by lubpana and ..''<- .- - • - , , .
examine on oath hirn by fubpcena any perfon or perfons who may be, or have been intruded, or
all_ neceflary; charged with receiving public money, goods, or effects, or any of them, or fuch
other perfon or perfons as may or can give information on the occafion ; and fuch
perfon or perfons to examine on oath, or affirmation, touching the fame 5 which
oath or affirmation, he is hereby empowered to adminifter ; and all perfons fub-
pceried as aforefaid are hereby enjoined to pay due obedience thereto, and every cafe
of fuch evidence refufmg or neglecting to obey fuch fubpcena, -he fhall be fubjeft to
Penalty on per- the penalty of one hundred pounds; and any perfon receiving money, goods, or
Ions difobeymg * J irrr 10/r r°, ,
futh fubpcena. eftefts, as aiorefaid, and refufing or neglecting to ooey fuch fubpcena or fummons
from the auditor, then fuch perfon or perfons fo refufing or neglefting fhall be liable
to an aftjon of debt, or other action, at the fuit of the State, for the whole of
the fum or fums of money, goods, chattels, or effefts belonging to the public^
which he ought to account for as aforefaid before the faid auditor, and fhall be for
ever debarred of fetting off any charge or expenditure thereout, and from recover-
ing any fatisfaftion for fex vices done for .the public, and fhall be rendered, and is
hereby declared incapable of being appointed to, or ferving in any public office in
this State, which fhall be publifhed in the newfpaper j and the faid auditor is hereby
■required
LAWS OF GEORGIA.
297
required to publifh the fame in the faid gazette until fuch defaulter fhall account for A» D. 1784.
fuch public money, goods, or effects, and have a certificate thereof from the faid No» 29°-
auditor, who, after fuch fettlement, is required to publifli the fame in the faid newf-
paper, for the fatisfaction of the public, and the acquittal of the individual, unlefs
the faid auditor fhall, before the faid term of three months be expired, certify in
behalf of fuch perfon or perfons, that it is reafonable that further time be allowed
to fuch perfon or perfons for exhibiting and fettling his or their accounts ; in which
cafe, upon fufficient fecurity being entered by the party or parties in whofe behalf
fuch certificate fhall be made, for the whole money, or other property, i'q unac-
counted for by fuch perfon or perfons, his honor the governor and executive council
may, in that cafe, by an entry on the journals, allow of further time as aforefaid.
VI. And be it further enabled by the authority aforefaid. That the auditor fhall not The auditor to
receive any account from any perfon or perfons, as above, unlefs attefted before charge "'tereft
' ..,.,-. . on accounts due
3 magiftrate, and the auditor is hereby directed and required to charge intereft upon the State.
every account for money, goods, or effects from fuch time as the principal became
due to the State.
VII. And be it further enacled by the authority aforefaid. That the auditor is hereby To obtain the
empowered, and required to demand all papers, books, and accounts, in the hands j10°ks°'Perf<™->
or pofTeffion of any perfon or perfons. who may have acted as auditor heretofore by ing as auditor.
appointment ; and in cafe he or they fhall refufe or neglect to deliver up fuch books,
papers, and accounts, as may be in his, or their pofTeffion, then, and in that cafe,
it may be lawful for the attorney general to profecute him or them, and he is hereby
directed to commence an action as aforefaid, and on conviction, the offender fhall
be liable to pay a fine not exceeding two hundred pounds : And. the auditor general-
is empowered and directed to call for all papers that may be necefTary or requifite
for fettling or adjufting any accounts that may come before him.
VIII. And be it enacled by the authority aforefaid^ That all monies recovered by Monies reco-
virtue of this act, fhall be paid to the treafurer of this State, he beine accountable ycredt0 bePrild
for the fame ; and that his honor the governor and executive council, the State's fury.
attorney, and the treafurer, and the collector or collectors of duties, or imports on puMic officers
merchandize, be, and they are hereby required, on the firfl Tuefday in Tanuary, '° acc°unt W1'h
'• J J J . J . the auditor who
always to deliver into the office of the auditor a full and proper account of all the is to report fpe-
public monies received or paid by each or either of them, with, the necefTary vouchers \ °.afl| t0 l e e"
and the auditor is required to examine the fame, and report fpecially thereon to the
legiflature ; and the aforefaid auditor fhall keep an office, and remain therein at ieaft
three months in every year, at or near Auguft a,, for the purpofe and conveniency o£
fettling the accounts of the citizens of this State.
JAMES HABERSHAM, Stealer.
Savannah, February 25, 1784.
F p An
2o8 DIGEST OF THE
A.D. 1784. ^n Ac~i for the fixing .and efiablifhing court houfes and gaols, and the
fixing and regulating eleclions in the different counties of this State,
Preamble. "^"¥" 7" HERE AS no law has as yet been pafTed for the building and erecting court
^/^r houfes and gaols, and for the fixing and eftablifhing places for holding elec-
tions in the different counties of this State, and it being now neceffary for palling of
an act to that purpofe : And whereas doubts have arifen concerning the time of open-
ing and clofing the polls of the refpective eleclions ;
Enacted. I. Be it therefore enabled by the freemen of the State of Georgia, in general affemlly met,
ine^o'urt hcrofes and it is hereby enacted by the authority of the fame, That from and immediately after
and gaols in the the palling this act, the court houfes and gaols for the different counties fhall be erected
ties— to be pla- at tne places hereafter mentioned, which fhall be refpected as the fixed and eftablifhed
ces of holding places for holding elections in the fame, that is to fay: The court houfe and gaol fhall
in the county of be erected, and the elections held in and for the county of Chatham, in the town of
Chatham— Sa- Savannah ; the court houfe and gaol fhall be erected,and the elections held in and for
In Liberty— the county of Liberty, at #Sunbury ; the court houfe and gaol fhall be erected, and
1 "iLfr^'h — t^ie e'ec~^ons ne^d in and for the county of Effingham, at fTuckafee Kings ; the court
TuckafeeKings. houfe|| and gaol fhall be erected, and the elections held in and for the county of Burke,
Wa efboT" in the town of Waynefborough ; the court houfe and gaol fhall be erected, and the
rough. elections held in and for the county of Richmond, at the place where the road croffes
where the road l^c t Little Kioka creek, leading to the meeting houfe ; and that the fuperior courts
croffes Little De held at Augufta till a gaol and court houfe are built, and that elections be held at
in Wilkes— the the place fixed on ; the court houfe and gaol fhall be erected, and the elections held
town of Wafh- jn and for the county of Wilkes, in the town of Wafhington.
II. III. Regulating elections — repealed by act of 1789, No. 417.
No reprefenta- IV. And be it enacted by the authority aforefaid, That no perfon chofen a reprefen-
i'fficet0 wkhou" tat^ve fhali> after taking his feat in the legiflature, be appointed or authorized to hold
vacating his any place or office without vacating his feat previous to his election; Provided^
hu'efefliun^ nothing herein contained fhall extend to affect the election of the governor. -^
No perfon enti- V. And be it further enabled by the authority aforefaid, That no public offic*er, or
*-fd^°a^eatUn" anv ot^er Perf°n whatsoever, fhall be entitled to a feat in this houfe till he has
counted for all accounted for all public monies he may have received, and fu(?h as by any means
publie monies ffed through Jlis hanc|Se
he may have re- * 0
ceived! JAMES HABERSHAM, Speaker.
Savannah, February 16, 1 784.
* Removed to Riceborough by act of 1797, No. 579.
f At Elhertfton, near the Indian Bluff. See act of 1787, No. 374.
fi Under direction of the inferior court. See act of 1796, No. 555.
\ At Augufta. See ad of 1790, No. 441.
No, 292. j[n Acl for regulating the trade, laying duties upon all wares, goods, liquors and merchant
dizes and negroes imported in. this State; alfo an impofl on the tonnage of fhipping; and
for other purpofes therein mentioned.
February 26, 1784.
\ Repealed by aS of 17 87, No. $66. An
LAWS OF GEORGIA.
*99
An Act for revifmg and amending the feveral militia laivs of this State. A. D. 1784.
February 26, 1784. -. 2?3"
Repealed by a3 of 1 792, No. 468.
A. D. 1785.
By the reprefentatives of the freemen of the State of Georgia in No- 29*-
general aflfembly, and by the authority of the fame. N
An Acl for the more full and complete ejlablljhment of a public feat
of learning in this State,
AS it is the diftinguifhing happinefs of free governments, that civil order fhould
be the refult of choice, and not neceffity, and the common wifhes of the
people become the laws of the land, their public profperity, and even exiftence,,
very much depends upon fuitably forming the minds and morals of their citizens.
"Where the minds of the people in general are vicioufly difpofed and unprincipled,,
and their conduct diforderly, a free government will be attended with greater con-
fufions, and with evils more horrid than the wild uncultivated ftate of nature : It
can only be happy where the public principles and opinions are properly directed,,
and their manners regulated. This is an influence beyond the fketch of laws and
punifhments, and can be claimed only by religion and education. It fhould therefore-
be among the firft objects of thofe who wifh well to the national profperity, to
encourage and fupport the principles of religion and morality, and early to place
the youth under the forming hand of fociety, that by instruction they maybe moulded
to the love of virtue and good 6rder. Sending them abroad to other countries for
their education will not anfwer thefe purpofes, is too humiliating an acknowledg-
ment of the ignorance or inferiority of our own, and will always be the cauie of
fo great foreign attachments, that upon principles of policy it is not admiffible.
This country, in the times of our common danger and diftrefs, found fuch fecu-
rity in the principles and abilities which wife regulations had before eitablifhed in
the minds of our countrymen, that our prefent happinefs, joined to- pleafing'prof-
pects, fhould confpire to make us feel ourfelves under the ftrongeft obligation to
form the youth, the rifing hope of our land, to render the like glorious and effential
fervi^s to our country.
And ivhereas, for the great purpofe of internal education, divers allotments o£
land have, at different times, been made, particularly by the legislature at their
feffions in July, one thoufand feven hundred and eighty-three ; and February, one
thoufand feven hundred and eighty-four, all of which may be comprehended and
made the bafis of one general and complete e&ablifhment : Therefore the reprefen-
tatives of the freemen of the State of Georgia, in general ajfembly met, this twentyrfeventh
day of January, in the year of our Lord one thoufand feven hundred and eighty-five, ena^ ., ^
ordain, and declare^ and by thefe prefents it is ENACTED, ordained, And DECLARED,
1
r ■
V
3oo DIGEST OF THE
A- D- 1^- ift. The general fuperintendance and regulation of the literature of this State,
and in particular of the public feat of learning, fhall be committed and intruded to
A board of vifirors , V ■ "-**
by whom com].oc_ the governor and council, the fpeaker of the houfe of aflembly, and the chief jullice
nerai f.iperintend- of the State, for the time being, who fhall, ex officio, compofe one board, denomi-
ance of literature ° ' jj jr ■■**»*» «^"vu4i
f« °n"'ie feat °f nated the B°ard tf Vifitorsy hereby vefted with all the powers of vifitation, to fee
that the intent of this inftitution is carried into effect, and John Houftoun, James
imeada°ndrtr Haberfham, William Few, Jofeph Clay, Abraham Baldwin, William Houftoun,
pointed. Nathan Brownfon, John Haberfham, Abiel Holmes, Jenkin Davies, Hugh Lawfon,
The two boards William Glafcock, and Benjamin Taliaferro, efquires, who fhall compofe another
ritytedofore'chajlto board, denominated the Board of Truftees. Thefe two boards united, or a majority
nS'™f of each of them> mali compofe the Senatus Academicus of the univerfity of
the univerfity. Georgia.
O
with power to 2d. All ftatutes, laws, and ordinances, for the government of the univerfity fhall
make all ftatutes, L , , r, , , ' , » , . , . '
iawS( etc. for the be made and enacted by the two boards united, or a majority of each of them, fubieft
government of the ii-iiri ' J vk
ever%o'tileaoX" always t0 be Iaid before the general aflembly, as often as required, and to be repealed
of the general af- or difallowed, as the general aflembly fhall think proper.
Property vefted 3d- Property vefted in the univerfity, fhall never be fold without the joint con-
in the univerfity currence of the two boards, and by act of the legiflature ; but the leafine, farming.
never to be fold , r , r , , . „ r ° . *>' &*
without concur- and managing of the property of the univerfity for its conftant fupport, fhall be the
boards^ndTa bufinefs of the board of truftees. For this purpofe they are hereby conftituted a
of the legifla- body corporate and politic, by the name of Trujlees of the Univerfity of Georgia, by
management1116 which they mall have perpetual fucceffion, and fhall and may be a perfon'in law,
thereof for its capable to plead, and be impleaded, defend, and be defended, anfwer, and be
!hePOboardbeof anfwered unt0> alfo to have, take, poflefs, acquire, purchafe, or otherwife receive
truftees, for lands, tenements, hereditaments, goods, chattels, or other eftatts, and the fame to
diyCtrePconihe- leafe> ufe> manage or improve, for the good and benefit of faid univerfity, and all
tuted a body property given or granted to or by the government of this State for the advancement
polkic"6 d" of learning in general, is hereby vefted in fuch truftees in truft as herein defcribed.
The prefident 4th. As the appointment of a perfon to be the prefident and head of the univer-
tob? anointed fity is °ne °f the firft and moft imPortant concerns, on which its refped and ufefulnefs
by the two greatly depend, the board of truftees fhall firft examine and nominate, but the ap-
andtemlvTd'fn Pointment of the prefident fhall be by the two boards jointly, who fhall alfo have the
like manner. power of removing him from office for mifdemeanor, unfaichfulnefs, or incapacity.
ri>e senatus a™. 5th- There fhall be a ftated annual meeting of the Senatus Academicus at the uni-
anmlauy?'0 their verfity, or at any other place or time to be appointed by themfelves, at which the
byCiLVe?retLyS governor of the State, or in his abfence, the prefident of the council fhall pre fide ;
their records to be kept by the fecretary of the univerfity.
Aboard how to otb- As the affairs and bufinefs of the univerfity may make more frequent meetings
be formed in the of the truftees neceffary, the prefident and two of the members are empowered to an-
mean time, if- ^-riii.-i i. „ * ■*•
neceffary. Pomt a meeting of the board, noticcalways to be given to the reft, or letters left at
the ufual places of their abode at-leaft fourteen days before the faid meeting feven of
the truftees thus convened fhall be a legal meeting : In cafe of the death, abfence or
incapacity of the prefident, the fenior truftee fhall prefide ; the majority of the mem-
bers
LAWS 'OF GEORGIA. 301
bers prefent fhall be confidered a vote of the whole, and where the members are di- A. D. 1785.
vided; the prefident fhall have a calling vote. No. 294.
Provided always y That nothing done at thefe fpecial meetings, mail have any force Provifo.
or efficacy after the rifing of the then next annual meeting of the truflees.
7th. The truflees fhall have the power of filling up all vacancies of their own board, The truflees
and appointing profefTors, tutors, fecretary, treafurers, fleward, or any other offi- g]7vacSies of
cers which they may think necefTary, and the fame to difcontinue or remove, as their own board
they may think fit \ but not without feven of their number, at leafl, concurring in ceffaryP officers"
fuch acl.
Sth. The truflees fhall prefcribe the courfe of public fludies, appoint the falaries Regulate the
of the different officers, form and ufe a public feal, adjuft and determine the expences, ftudies, fix the
and adopt fuch regulations, not otherwife provided for, which the good of the uni- Planes, &c
verfity may render necefTary.
9th. All officers appointed to the inftrutlion and government of the univerfity, Officers appoin-
fhall be of the chriflian religion; and within three months after they enter upon the chriftian reli-
execution of their trufl, fhall publicly take the oath of allegiance and fidelity, and s}m ; a"d Pub-
"the oaths of office prefcribed in the flatutes of the univerfity ; the prefident before tain oaths.
the governor or prefident of council, and all other officers before the prefident of the
univerfity.
10th. The prefident, profeffbrs, tutors, fludents, and all officers and fervants of fhe offic.^s' ftt"
1 A / . dents and fervants
the univerfity whofe office require their conflant attendance, fhall be, and they are of tli? umveraty
J x J e.tculed from mi-
hereby excufed from military duty, and from all other fuch like duties and fervices ; }itia; clu,ty- a"d the
J J • ' * lands thereof ex-
and all lands and other property of the univerfity is hereby exempted from taxation, ^t* ftom taxa-
nth. The truflees fhall not exclude any perfon of any religious denomination The truflees to
whatfoever, from free and equal liberty and advantages of education, or from any of tinclion on ac-
the liberties, privileges, and immunities of the univerfity in his education, on account coun' ofreligi-
, , , * • r <■, • r • i- • 1 • r i • rr t ■ ous ientiments.
or his or their ipeculative Ientiments in religion, or being or a different religious
profeffion.
1 2th. The prefident of the univerfity, with confent of the truflees, fhall have pow- The prefident,
■er to give and confer all fuch honors, degrees and licenfes as are ufually conferred in tne truftees, to
colleges or universities, and fhall always prefide at the meeting of the truflees, and confer the ufual
,1 • <~ r i • r honors.
ftt all the public exercifes of the univerfity.
13th. The Senatus Achdemicus at their flared annual meetings fliall confult and ad- TktSenatusAca-
vife, not only upon the affairs of the univerfity, but alfo to remedy the defects, and dinner to Txer-
advance the interefls of literature though the State in general. For this purpofe it cife their fuper-
fhall be the bufinefs of the members, previous to their meeting, to obtain an acquain- ly^afureTn the
tance with the State, and regulations of the fchools and places of education in their different parts
refpe&ive counties, that they may be thus poffeffed of the whole, and have it lie be-
fore them for mutual affiftance and deliberation. Upon this information they fhall
recommend what kind of fchools and academies fliall be inflituted, agreeable to the
conftitution, in the feveral parts of the State, and prefcribe what branches of inflruc- *
tion fliall be taught and inculcated in each : They fhall alfo examine, and recommend
the iuilructors to be employed in them, or appoint perf&ns for that purpofe. The
prefident
302
DIGEST OF THE
A. D. 178;.
No. 394.
AH tl\e public
tchoolsto beconfi-
derecl as members
of die univertiiy.
The traftees to re-
commenel to the
Jegiflature the ne-
ceffary public
meafwres.
All laws and or-
dinancescontra-
ry to this acT:,
repealed.
This charter to
he Cgned and
fealed..
prefident of the univerfity, as often as the duties of his ftation will permit, and fome
of the members, at lead once in a year, (hall vifit them, and examine into their order
and performances.
1 4th. All public fchools, inftituted or to be fupported by funds or public monies
in this State, {hall bz confidered as parts or members of the univerfity, and fhall be
under the foregoing directions and regulations.
15th. Whatfoever public meafures are neceflary to be adopted for accomplifhing
thefe great and important defigns, the truftees (hall, from time to time, reprefent
and lay before the general aflembly.
1 6th. All laws and ordinances heretofore pafled in any wife contrary to the true
intent and meaning of the premifes, are hereby repealed, and declared to be null
and void.
17th. In full teftimony and confirmation of this charter, ordinance and conftitu-
tion, .and all the articles therein contained, The reprefent atives of the freemen of the
State of Georgia in general affembly, hereby order. That this act fhall be figned by the
honorable Jofeph Habevfham, Efquire, fpeaker of the hotife of aflembly, and fealed
with the public feal of this State, and the fame, or the enrollment thereof in the re-
cords of this State, fhall be good and effectual in law, to have and to hold the pow-
ers, privileges, and immunities, and all and Angular the premifes herein given, or
which are meant, mentioned, or intended to be hereby given to the faid Board of Vi~
fitorsy and Trujlees> and to their fucceflbrs in office for ever.
JOSEPH HABERSHAM, Speaker.
Savannah, January 27, 1 785.
No. 295.
Preamble.
Enacted.
Alien friends on
enrolling their
names in the
clerks office em-
powered to hold
arid enjoy per-
gonal property,
andfuefor debts
ike. arifingfmce
33thju!y,i78a.
*An Acl for afcertaining the rights of aliens, and pointing out a
mode for the admij/ion of citizens.
WHEREAS the many advantages and peculiar bleffings which this State enjoys
may induce foreigners to apply for a'participation thereof: And whereas it
is the intention of the legiffature to confer thofe benefits on all fuch as may apply and
do merit the fame : Be it enabled by the reprefentatives cf the freemen of the State of
Georgia in general affembly met, and by the authority of the fame. That all free white
perfons, being aliens, or fubjecls of any foreign State or kingdom at peace with the
United States of America, who fhall regifter or enrol their names in the office of the
clerk of the fuperior court of the county where fuch aliens purpofe to refide, may be,
and they are hereby veiled with the rights and privileges of acquiring, pofleffing or
holding, and felling, devifing, or otherwife difpofing of all kinds of perfonal property,,
and renting houfes or lands from year to year, and fhall have the right of fuing for
all fuch debts, demands or damages, other than for real eftate, as may arife or have
arifen fince the twelfth day of July, one thoufand feven hundred and eighty-two,
either perfonally, or by attorney or otherwife, and,, in cafe of death, by his, her or
their executors or adminiftrators..
* %
* This power is veiled in congrefs by the conftitution of the United State**
LAWS OF GEORGIA.
3°3
II. And be it enaEled by the authority afore/aid, That any alien, or fubje& of any
foreign State or power being defirous of becoming a citizen of this State, who hath
refided at leaft twelve months in the fame, and, after the expiration thereof, doth
obtain from the grand jury of the county where he refides a certificate, purporting,
that he hath demeaned himfelf as an honed man and friend to the government of the
State (which certificate fhall be recorded in the fuperior court of faid county) the alien
or perfon fo applying fhall, before the judges of the faid court, take and fubfcribe the
following oath : " I A. B. do folemnly fwear, that I will bear true allegiance to the
State of Georgia, and will fupport the laws and conftitution thereof to the utmoft of
my power, fo help me God." Then and in that cafe, fuch perfon fhall be entitled
to all the rights, liberties, and immunities of a free citizen.
III. Provided always, and be it enaEled by the authority afore/aid. That no fuch per-
fon (hall be a member of the general affembly, or of the executive council, or hold
any office of truft or profit, or vote for members of the general affembly, for the term
of feven years, and until the legiflature fhall, by fpecial a£l for that purpofe, enable
fuch perfon fo to do : And provided alfo, that all fuch aliens or perfons aforefaid, fliall
be fubje£l and liable to pay fuch alien duties as have been heretofore or may hereaf-
ter be impofed by the legiflature.
IV. And be it further enaEled, That no perfons on any act of confifcation and ba-
nifhment in this or either of the States, nor any perfons who have borne arms againft
this or the United States, that were citizens of this or either of the faid States dur-
ing the war, fhall avail him or themfelves of any of the rights, privileges or immu-
nities intended to be given or conferred by this a£t, except fuch perfons as may have
availed themfelves of coming in during the late war, under certain proclamations iffued,
and that may have been adopted and fanclioned by the legiflature : Provided iikeivife,
that this a£t, fliall in no wife extend, or be conftrued to extend, to oblige fuch per-
fons who may have applied to become citizens of this State, to undergo the probation
herein fet down or contained.
V. And be it enaEled by the authority aforefaid, That if any perfon or perfons under
the age of fixteen years fhall after the paffing of this act, be fent abroad without the
limits of the United States, and relide there three years, for the purpofe of receiv-
ing an education, under any foreign power, fuch perfon or perfons, after their return
to this State, fhall for three years be confidered and treated as aliens, in fo far as not
to be eligible to a feat in the legiflature or executive authority, or to hold any office
civil or military in the State for that term, and fo in proportion for any greater, num-
ber of years as he or they fhall be abfent as aforefaid, but fliall not be injured or dif-
<jualified in any other refpett.
JOSEPH HABERSHAM, Speaker,
Savannah, February 7, 1785.
A. D. 1785.
No. 295.
Aliens how to
become citizens
Oath to be tak-
en by them.
Provifo.
No Inch perron
fhall be a meirber
of the general af-
fembly, hold any
office, or vote for
members during
the term of feveu
years, and then
only by fpecial acl
of the leniftatnre.
A nd be Tubjedt to
payment of alien
duties.
No perfon on any
act of cenfifcation
and banilhment,
or who have borne
arms againft this
or the United
States, being a ci-
tizen thereof dur-
ing the war, to
avail himlelf of
this act.
Certain exceptions
Provifo.
Perfons under
the age of 16
refiding three
years or up-
wards out of the
United States,
for their educa-
tion, fubject. t»
certain difqua-
lifications.
304 DIGESTOFTHE
A. D. 1785, An Acl for laying out a di/lricl of land, fituate on the river Miffif-
No. 296. Jippi, and 'within the limits of this State into a county to be called
Bourbon.*
Preamble, "H['1t[ 7"HERE AS it is expedient and neceffary for the accommodation of the inha-
Enadied. V V' bitants of this State, that a new county be laid out in the fame, Be it there*
A county to be jore enafiecl fry f]?e reprefentaiives of the freemen of the State of Georgia in general ajjembly
eaftern fide of meit and by the authority of the fame, That from and immediately after the palling
ntmt^ iw!w °^ ^'ls a<-*> a^ t^lat tra<-* or diftrirft °f country within the charter boundaries of this
State, which lies on the eaftern fide of the river Miffiffippi, and is contained and
comprehended in the lines, limits and defcription herein after mentioned, (hall be
and the fame is hereby declared to be formed into a. new county to be called, known
and diftinguifhed by the name of Bourbon county.
"The limits and IJ. And be it further enabled, That the following mall be the lines, limits and ex-
fame> tent of the faid county, that is to fay, the fame fhall begin at the mouth of the river
Yazous, where it empties itfelf into the river Miffiffippi; thence by a line to be drawn,
along the middle of the faid river Miffiffippi until it {hall interfe£t the northernmoft
part of the thirty-firft degree of north latitude; fouth by a line to be drawn due eaft
from the determination of the line laft mentioned, in the latitude of thirty-one degrees
north of the equator, as far as the lands reach, which in that diftri£r have been at
any time relinquished by the Indians; thence along the line of the faid relinquifh-*
ment to the faid river Yazous; thence down the faid river to the beginning; and the
faid county mall comprehend and include all the lands and waters within the faid,
defcription,
III. And whereas, it will not be proper at prefent to open a land office, ^for the-
Rigbt of pre- purpofe of granting out the lands in the faid county, But neverthelefs it is hereby
riverUo the ci- enabled and declared, That whenever that meafure mall be determined uporf by this or
tizens or certain a future legiflature, there fhall be a right of preference, agreeable to the laws of this,
who m^y adhs- State, referved to any, all, and every honeit and friendly poffeffor and poiTeffors of
ally live on and tne faid lands, who fhall be citizens of either of the United States, or the fubjecls
faid lands. of any power that v/as friendly to the United States during the war; Provided fuch,
perfons do actually live on and cultivate the faid lands, or a part thereof, and fhall
apply and prefent themfelves on equal terms with other petitioners.
The price thereof IV. And be it further enabled by the authority afore/aid, That when it fhall be deter^.
qHartereofCae,jori"r mined on, to grant the faid lands, the price thereof ijjal'1 not exceed one quarter of
per arre when
granted. a dollar per acre,
Tuftkes of the V. And be it further enabled, That the following perfons, to wit, Tacitus Gilliard,
peace and regif. Thomas Green, Sutton Banks, Nicholas Long, "William Davenport, Nathaniel
appointed for Chriftmas, William M'Intofh, junior, Benjamin Farrer, Cato Weft, Thomas
the fame. Marfton Gieen, William Anderfon, Adam Bingaman, and John Ellis, fhall be and
they are hereby nominated and appointed juftices of tHe peace, and Abner Green,
regifter of probates, for the faid county ; and his honor the governor is hereby au-
thorized and required to adminifter the oaths of allegiance, and of office, to fuch of
the
* Repealed by ad of 1788, No. 386, fed*. 3,
LAWS OF GEORGIA.. 305
the faid perfons as can perfonnally attend him in council, and to grant a fpecial com- A. D. 1785.
million, directed to fuch as mall qualify before him, to enable them, or any two of No" 2^6,
them, who fhall fo attend, to qualify the others in the fame manner as they have
been qualified, when they fhall repair to the faid county of Bourbon.
VI- And be it farther enabled, That the faid juftices after being duly qualified' as Trie juftices
afore faid fhall be, and they or any two of them are hereby authorized and empower- empowered' "to
ed to adminifter the oath of allegiance to this State, to any perfon and perfons, in- adminifter the
, , . r t r • 1 inn i 1 & -\ i i i < r oat" 0I allegi-
habitants ot the laid county, who ihall not have been prolcribed by this or fome ance to this
other of the United States of America, and thereupon fuch perfon and perfons fhall State, to the in-
. ■ r . . .. habitants who
•be entitled to vote for and ferve as members of aflembly, or militia officers; and the may vote for
faid juftices fhall keep a lift or roll of the names of all fuch perfons as they fhall admi- and ,ferver^s
J r t J members ot the
•nifter the oath of allegiance to, and tranfmit the fame to his honor the governor as legiflature .or
foon as may be in the courfe of the prefent year. Certain 'exc-p-
JOSEPH HABERSHAM, Speaker.. tidfl£
Savannah^ February 7, 1785.
An Ac! to admit certain perfons to the rights of -citizen/hip, no. 297.
'HEREAS John Haupt, Peter De Bofq, Juftus Hartman Scheuber, Francis Preamble.
De Block, Willim Blogg, William Finden, James Merrilies, John Wal- Certain perfons-
lace, Daniel M'Garvey, Ralph De Pafs, Jacob De Pafs, William Coalts, Alexander bef^the^iti-
Biffet, Henry Sowerby, Gabriel Leaver ,and Francis Watlington, who have petitioned ze" biil llad
this houfe to become citizens of tlvs State, previous to the paffing the citizen bill,
Be it therefore enabled by the reprefentatives of the freemen of the State of Georgia in- Admitted to all
general affembly met, and by the authority of the- fame, That the faid John Haupt, Peter ^c njftts °^ Cl"
De Bofq, Juftus Hartman Scheuber, Francis De Block, William Blogg, William
Finden, James Merrilies, John Wallace, Daniel M'Garvey, Ralph De Pafs, Jacob
De Pafs, William Coales, Alexander Biffet, Henry Sowerby, Gabriel Leaver, and
Francis Watlington, are hereby admitted to all the rights of citizenfhip,. any law
to the contrary notwithftanding.
JOSEPH HABERSHAM, Speaker,.
Savannah, February • ip, 1 785.
An Acl to eflablifh and regulate the infpeblion of 'tobacco. Mo. 298,
February 21, 1785.
Repealed by aft of 1 79 1 , No. 457;
An AH for the regular eflablifhment and fupport of the public duties of religion : No. 299.
February 21, 1785.
Repugnant to the form of our government.
Q^q Am
\o6
DIGEST OF THE
A. D
No. 300
1785.
Preamble.
Enafled.
Certain perfons
relieved from
the pahis and
penalties of the
actof confifcati-
on and banifh-
ment.
And their ef-
tates real and
perfonal made
iubjeeT; to' a-
mercement, to
be paid in 12
months.
The faid perfons
permitted to re-
turn and to en-
joy the rights of
citizenfhip.
Provifo.
Under certain
reftriclions for
fourteen years.
Ah Ad for amercing certain perfons therein named, and admitting
others to the rights of citizen/hip, and for other purpofes therein
mentioned.
HERE AS the legiflature of this State, by their refolutions, pafled in
the year one thoufand feven hundred and eighty-three, and eighty-four,
relieve from the pains and penalties of banifhment, as direfted by the aft of this
State, for inflifting the pains of .banifhment and confiscation on perfons therein
named, and directed that the names of the following perfons fhould be taken from
the aft of confifcation, and placed on the amercement aft, and that fuch amerce-
ment mould not exceed twelve per centum : And whereas the prefent legiflature have
agreed to take others in the like fituation from off the faid aft of attainder, viz.
Andrew Johnfton, Timothy Barnard, Ifaac Delyon, Alexander Carter, Alexander
Rofe, and William Durgan, Be it therefore enabled by the representatives of the freemen
of the State of Georgia in general ajfembly met> and it is hereby enabled by the authority of
the fame, That Thomas Young, Raymond Demere, jun. John Glen, Levi Sheftall,
Thomas Gibbons, Ifaac Heaton, Ifaac Downie, Thomas Beatty, Robert Porteous,
James Spalding, Alexander Creighton, Andrew Johnfton, Timothy Barnard, Ifaac
Delyon, Alexander Carter, and Alexander Rofe, be, and they are hereby feve-
rally relieved from the pains of the faid aft of confifcation and banifhment.
II. And be it further enabled by the authority af or ef aid, That the eftates, both real
and perfonal, of the faid Thomas Young, Raymond Demere, jun. John Glen,
Levi Sheftall, Thomas Gibbons, Ifaac Heaton, Ifaac Downie, Thomas Beatty,
Robert Porteous, James Spalding, Alexander Creighton, Alexander Rofe, and
Ifaac Delyon, are hereby amerced and made fubjeft to twelve per centum : And that
Andrew Johnfton, Alexander Carter, and William Durgan, fhall be fubjeft to pay
one per centum only, as an amercement, on fuch property as they may poflefs ; and
that Timothy Barnard be fubjeft only to one quarter /w centum ; the fame to be paid
within twelve months to the treafurer or commiffioners of confifcated eftates, for
the ufe of this State, (all perfons neglefting to pay the fame in the time limited,
fhall be liable to pay double that fum) to be paid in fpecie and nothing elfe.
III. And be it further enabled by the authority aforefaid, That the faid Thomas
Young, Raymond Demere, jun. John Glen, Levi Sheftall, Thomas Gibbons, Ifaac
Heaton, Ifaac Downie, Thomas Beatty, Robert Porteous, James Spalding, Alex-
ander Creighton, Andrew Johnfton, Timothy Barnard, Ifaac Delyon, Alexander
Carter, William Durgan, and Alexander Rofe, fhall return to, enjoy, and poflefs
every right of citizenfhip in this State, any thing in the faid aft of confifcation to
the contrary notwithftanding : Provided always, That the faid Thomas Young, Ray-
mond Demere, jun. John Glen, Levi Sheftall, Thomas Gibbons, Robert Porteous,
James Spalding, Alexander Creighton, Andrew Johnfton, Ifaac Delyon, and Alex-
ander Rofe, fhall not be permitted to vote at eleftions, hold offices under the
o-overnment, or be eligible to a feat in any of the departments thereof, until fourteen
years fhall have elapfed from the paffing of this aft : And provided alfo, That Thomas
Gibbons
LAWS OF GEORGIA.
3°7
Gibbons (hall not plead or.- pra&ice in, the courts of law of this State, for the faid A. D. 1785.
term of fourteen years. No- 3°°-
IV. And be it further enatled* That all fupplies that have been taken from the above- frorn tbenftoTihe
mentioned perfons, for the ufe of the army or payment of any of the Soldiers, fhall not to be "bro^t
fhall not be brought in charge againSt this or the United States. tLVor'tlfe united
V. And be it further enaEled by the authority aforefaid* That John Mullryne and q ['■ f
Solomon Kemp, two perfons named in the faid act of banifhment, (hall be, and named in the
they are hereby permitted to be and remain in this State for and during the term of nYihment9 per-
feven years, without moleStation or injury in refpect to their perfons for or on account nutted to re-
of the faid act, and all and fingular the eState, real and perfonal of the faid Solomon state 7 years.
Kemp, which now remains unfold by the commiffioners of forfeited eftates, fhall The eftate of So-
1 1 1 r -ii n 1 n 1 • 1 -r , i •, i lomon Kemp,
be, and the lame is hereby gratuitouiiy given to, and veiled in the wife and children remaining un-
of the faid Solomon Kemp, for and notwithstanding the faid act of confifcation, or fojdveft«hn his
. . lr /■ l it ' • 1 VV e an<* C '~
other matter or thing appertaining to the fame •* fuch property fo given to the faid dren, fubjefl to
wife and children of the faid Solomon Kemp, to be neverthelefs Subject and liable to §a???e6t
a proportionable part of any debts he may owe : Provided neverthelefs. That, for all P™vjfo.
rr r J ' . J ' ' The auditor to give
property real and perfonal, heretofore belonging to any of the perfons aforefa id, that ^certificate to the
K . .* . 1 * . * a o j r ' aroreiaid ;>erfi'»S'
has been fold by virtue of the act of confifcation and attainder, the auditor fhall, f;>r.i'ie amount of
' ' ' tucir piojiertylold,
and he is hereby required to give fuch perfon, the former owner of the faid property,
a certificate for a fum equal to the amount of the fale of fuch property.
VI. And be it further enaEled by the authority afore faid* That it fhall and may be Negroes with-
out the limits of
lawful for any citizen of this, or any of the United States, to purchafe and bring this State, the
into this State, and thereafter to hold any negro or other Have, the property of any ProFerty °,fPer-
perfon named in the act of confifcation and banifhment, Provided fuch negro or of confifcation
other nave has not been fold by the commiffioners of confiscated eftates, and was h,ow' j° b,cJ",!j*
' ' chafed and held.
without the limits of this State, at the time fuch purchafe was made, any thing in
the act of confifcation to the contrary notwithstanding.
VII. And whereas* William Welfcher, Malcom Rofs, James Ferre, Donald.
M'Leod, William Thompfon, John Milne, and David Leion, came within the pro-
vifo of the alien act, having applied for the rights of citizenShip previous' to the paf-
fing thereof, Be it therefore enaEled* That from and immediately after the paffing this Certam other
ri-R/r t-. fi _. perfons sdrmtt-
aft, the faid William Welfcher, Malcom Rofs, David Leion, James Ferre, Donald cd to the right
M'Leod, William Thompfon, and John Milne, fhall be, and they are hereby declared °i citizenfnip.
free citizens of this State, any thing in the faid alien act to the contrary thereof
notwithstanding..
JOSEPH HABERSHAM, Speaker,
Savannah, February 7, 1785..
————■■ — -. /
An AB for the fecurity of foreigners rwho may lend money at inter eft', N6. 3*1.
on real e/lates.
WHEREAS the borrowing of money on intereft from foreigners may benefit Preamble-,
this State, and it is but reafonable that any foreigner lending money Should
he Secured on real eftates by way of mortgage, and at liberty to institute Suits for
the
>o8
DIGEST OF THE
A.D. 1785.
No. 301.
Enacted.
Foreigners
lending money
to citizens of
this State, how
to be fee u red by
mortgage on
any eftate, &c.
Public act.
No. 302.
No. 303.
the recovery of all funis, as well principal as intereft, fo loaned, Be it enabled by the
reprefentaiives of the freemen of the State of Georgia in general affembly met, and by the
authority of the fame •, That it fhall and may be lawful for every and all perfons, being
aliens, to lend money at an annual intereft of feven per centum, on freehold or
leafehold fecurity, by way of mortgage, on any eftate within this State, and fuch
money, whether the kingdom or State of which fuch money lender is a fubject or
alien, fhall be at peace or in war with the United States, to recover, fue for, by
attornies or otherwife, in the courts of this State, and, where judgment is obtained,
execution fhall be awarded for the fale of fuch mortgaged premifes, for payment of
the debt and intereft due thereon, with cods of fuit, as is common with the citi-
zens of this State, (except fuch foreigner be entitled to the right of entry or actual
poffeffion of any fuch mortgaged premifes, by purchafe, or by any procefs for fore-
closing any equity of redemption, by order of any court whatever) any law or cuf-
tom to the contrary notwithstanding.
II. And be it further enabled, That this act fhall be, and it is hereby declared to
be a public acl:, and fhall be judicially taken notice of as fuch in the courts of record
in this State.
JOSEPH HABERSHAM, Speaker.
Savannah, February 11, 1 785.
An Ac! for better regulating the town of Savannah and hamlets, and appointing commif-
fioners for regulating the town of Sunbury.
See a3 incorporating Savannah, 17 89, iVb. 430; and aB regulating Sunbury, 1 791, No. 450.
February 21, 1785.
JiMJIJHl'MMlllllll
An Atl to impofe a tax on the inhabitants of the State of Georgia, and other perfons holding
property real or perfonal therein, for the ufe and fupport of the government thereof , from
the firfl day of January to the thirty-firfl day of December, in the year of our Lord,
one thoufand feven hundred and eighty-five.
February 21, 1785.
No. 304. Jn Aft to amend and alter fo?ne parts, and repeal other parts, of the
federal land acls in this State..
Preamble. "^"H" 7"HEREAS it hath become necefTary to make fome alterations in the feveral
Enacted. v ¥ ^anc^ a£ts of this State, Be it therefore enabled by the reprefentatives of the
freemen of the State of Georgia in general affembly met, and by the authority of the fame,
That from and after the pairing of this act, all fuch lands as remain unfurveyed, or
not taken up by fome perfon or perfons, under a lawful warrant for that purpofe, in
the
LAWS OF GEORGIA.
3°9
the counties of Wafhington, and Franklin, fhall be, and the fame are hereby declared
to be, put upon the following footing, that is to fay, the faid lands {hall be granted
out to any perfon or perfons applying for the fame, in the like manner, by the like
rights, and under the like reflrictions, as are pointed out for difpofing of lands under
the land act paifed the feventeenth day of February, in the year of our Lord one
thoufand feveii hundred and eighty-three, and the fupplemental act thereto, pafTed
on the firft day of Augufl, in the year of our Lord one thoufand feven hundred and
eighty-three, except only that the perfon or perfons applying for, and obtaining fuch
lands, as far as the quantity of one thoufand acres, (hall not be liable or obliged to
pay any purchafe money or confederation for the fame, office fees only excepted }
Provided notwithstanding, that, for all lands heretofore furveyed by virtue of an act,
entitled, M An act for opening the land office, and for other purpofes therein
mentioned," the owner thereof fhall pay the valuation of faid lands agreeable to faid
acts.
II. And be it further enabled by the authority afore/aid, That all other vacant lands in
the counties of Chatham, Effingham, Burke, Richmond, Wilkes, Liberty, Glynn,
and Camden {hall be, and the fame are hereby directed to be granted out in the fame
manner as before mentioned, in refpect to the faid counties of Washington and Frank-
lin, that is to fay, on the head rights gratuitoufly as far as the quantity fixed by law,
and without any purchafe money or confideration for the fame. Provided alfo, that
fuch perfons fo applying fhall take the following oath or affirmation : " /, A. B. do
folemnly andfincerely fwear, for affirm, as the cafe may be) that the head rights delivered
in by me are jtifl and true, and that I have not, nor hath any perfon for me, or in my name,
taken up or located the head right or head rights of my family, now applied for, either in this
or any other county within this State ; nor have I, or any other perfon for me, difpofed or
fold the fame, fo as the head rights of my family may be illegally obtained."
III. And be it further enabled, That, at any time hereafter, if any perfon or perfons
convicted of having acted contrary to the above oath, after having taken the fame,
exclufive of the pains and penalties annexed to perjury, fball forfeit the land fo frau-
dulently obtained, and the fame fhall be from thence confidered as re-velled in the
State ; and that no perfon or perfons applying fhall obtain any warrant, furvey, or
grant, unlefs for himfelfor themfelves, or for his, her, or their own family or families,
and that any perfon or perfons, who fhall obtain lands under and by virtue of this act,
fhall in eighteen months thereafter, fettle on and cultivate three acres for every hun-
dred acres of the fame, and in cafe of non compliance, he, fhe, or they, fhall be
fubject to treble tax for faid lands.
IV. And be it further enabled by the authority aforefaid, That the juflices of the
peace for the counties of Wafhington and Franklin fhall, in future form a land court,
and fhall grant lands, try caveats, and otherwife proceed in the fame manner as the
juflices do in other counties of this State •, and fhall in all refpects, have the fame
powers committed to them over the county furveyors, and others concerned in the
land bufmefs, as the faid other juflices have.
V.
A. D. 1785.
No. 304.
Lands remain-
ing unfurveyed
in Wafhington
and Franklin to
be granted out
under like re-
gulation as
pointed out in
land ac~l of Fe-
bruary, 1783.
Except only that
perfons obtain-
ing fuch lands
as far as 1000
acres not liable
to payment of
purchafe money
Provifo.
All the other
vacant lands to
be granted out
in like manntr
on head rights.
Provifo.
The perfons ap-
plying to take
an oath.
The form there-
of.
Perfons acting
contrary to the
faid oath helkles
the penalties of
perjury ; to for-
feit the land fo
fraudulently ob-
t >ined.
No warrants to be
iffiied hut to per-
fons applying for
themfelves and fa-
mily, who fhall itt
ibmomhs fettle on
and cultivate three
acres for every 100
acres of land fo oh-
tained, or be (ob-
ject to treble tax.
The juflices of
Wafhington
and Franklin to
form a land
court and pro-
ceed in like
manner as in o-
ther counties.
310 DIGEST OF THE
A* D. 1.785. V. And be it further enabled by the authority aforefaid, That in cafe any'furveya
ah furveys made have been made, or grants obtained, for any lands lying or being without or beyond
and grants for ,1 v r r r 1 ■ r 1 • n 1 1 **. . . '
lands without or the lines ot tome, one of the counties of this State already laid out, all and everv fuch
beyond the lines of r n 11 1 r~ , •> r , , 1 '
a county declared iurvey or grant mail be confidered as fraudulent, and the fame is hereby declared
fraudulent and ,, ' , . , '
void; perfons of- null and voio ; and the per ion or perfons making fuch furveys, or obtaining fuch
ptoiecuted. grants, fhall be profecuted and punifhed agreeable to the eleventh fection of the faid
No grants to be land a£t, palled on the feventeenth day of February, in the year of our Lord, one
ligneil till the » , _- , _» * . ' i * * v
b^aXe'rdf.Tthe tnouland leven hundred and eighty-three : No grants fhall be figned till the furvey
fft^rtforS'it *iaS been ac^vert^ed by tne furveyor of the county, at leaft three months after they
Aiio^f one half have been rccorded hY the faid county furveyor ; and that the furveyor be allowed one
tlfemen't? adver" ^liIIiug and two-pence for every fuch advertifement, to be paid by the grantee.
A furveyor VI. And be it further enaFted by the authority aforefaid, That where it fhall appear
SngadSaS^ that an? furveyor has knowingly run acrofs another's line, or furveyed land before
ther's lines, or furveyed, the laft mentioned furvey fhall be deemed null and void, and fuch furveyor
beforHurveyed liable to a fine of ^lY pounds for every offence, to be recovered by adion of debt
laft mentioned in the fuperior court of the county where the faid lands fhall lie, one half whereof
*o^udftch mal1 §° to tne Part7 who mal1 inform and fue for the fame, and the other half to be
!rroe-yhow°t(f be paid int° the Public treafui7 : A11- grants when regiftered in the books of the county
recovered and furveyors agreeable to law, fhall be regiftered, not only in the name of the perfon to
applied. whom it is granted, but a.lfo in the name of the perfon who then holds the fame ;
and unlefs it is fo regiftered in the books of the faid county furveyor, within one
year after pa fling the grant, it fhall be deemed vacant land, and be liable to be fur-
veyed by any perfon who fhall apply for the fame \ and every county furveyor who
fhall fail to regifter fuch grant within three months after the fame is delivered into
his office, fhall forfeit and pay the fum of fifty pounds fpecie, to be recovered and
applied in manner aforefaid, and fhall pay all damages to the party injured by fuch*
jiegle£t.
granteforAeUme VII.. And be it- a If o enabled \ That in cafe two grants fhall be given for one and' the-
cideft 'furvey enti" fame tract of land, each of them obtained within the time allowed by law, that in-
fug uloln ya£i\n fuch cafe the eldeft furvey fhall be deemed valid in law, in fo far as to entitle the
tte'la^niai^be party who made the firft furvey to an a&ion of damages againft the other,, and the
tion in preference faid land fhall be fubjecl: to an execution founded on any judgment in fuch fuit in
to any other claim r ■.. , . • 1 ..
or incumbrance, preference to any other incumbrance or claim whatfoeyer. Provided, the faid fuit
Such'Vuit » be be brought within five years after the date of the faid furvey, and when it fhall an-
brought within 5 1 r rr • • 1 1 «*f--
yeap after the date pear by furncient evidence to a court and jury, that any perfon hath obtained a grant.
of the furvey ; and v . V - r r 11 ' j-r - » Vv «, giauij
f n" Iaer«ran-btati"e" n° preference to which lands was, at the time of obtaining faid grant, by law
eJ&'hdng'fiano' veu%ecl in. any other perfon, then and in. that cafe, fuch perfon fo offending fhall forfeit
coubie^fe va^e, and Pa? &* injured party a fum equal to twice the value of faid lands, or reljnquifh
or relinquilh the' the fame.
Jands.
foLTTna^lherre: VI1L And he it further enabled by the authority aforefaid. That all. warrants* already
moTij&Jyex. granted, fhall.be and the fame are hereby renewed for the term of fix months inftead;
^.fZf&Su of three, as had been heretofore ufed, bounty warrants excepted;, which fhall not
om.afrfate. ^ out 0f £zte ^ any time before they are located. 1^.
* Pedared never, to be opt of date,, is. furveyed within two years, by a&.of. i;86, No. 325.
LAWS OF GEORGIA. 3u
IX. And whereas, it is apprehended that great abufes have happened in regard to A. D. 1785.
bounties, Be it therefore enacted by the authority aforefaidy That in future, all and every perf"^s ia-m_
perfon and perfons whatfoever, who conceives himfelf or themfelves entitled to bounty, ing bounties of
{hall lay his or their vouchers or credentials before the faid land court, where they vTuchers^efore
apply for the fame, who fhall, on a full confideration of all circumftances reflecting the land court
... . , • r\ 1 %• • • • 1 • for their deter-
the petitioner, either grant or reject the application, as coming or not coming within traination; al-
the fcope and intention of the feveral laws of this State for granting bounties ; and lowed one year
~ b . to put in fuch
no furveys of land due as bounties from this State fhall be allowed, unlefs brought in claims,
and claimed within one year from and after the palling this act.
X. And in order to afcertain and determine the line between the white people and The line be-
the Indians of this State, Be it enacled by the authority aforefaidy That his honor the ^e^\e ^nd the
governor, by and with the advice and confent of the executive council, fhall nominate Indians.
and appoint three fit and difcreet perfons on the fide and in behalf of this State, and fcertained and
fhall fend up to the Creek nation, and invite them to appoint perfons on their fide, determined.
* • i_ 1 if f t ■ rrr * In cafe the fame
and in behalf of their nation; which faid commiffioners on both fides mail, as foon mould be exten-
as pofiible meet, and in conjunction run the faid line, agreeable to treaty, and ac- Linkkiver the
cording to law, endeavoring to obtain for the white people, as large a compafs of two forks of
ground as they can ; and in cafe the faid commiffioners extend the faid line as far as deemed a° re-
the branch of Oconee, called the Little river, that then the two forks of Oconee, ferve to make
the one made by Little river, and the other by the branch next above the fame on |?ents "^the
the fouth fide of the faid river Oconee, fhall be deemed a referve to make good the continental fol-
oicry Sec,
engagements to the continental foldiery, and feamen and officers of the medical de- No furvey or
partment of this State ; and no furveys or grants (except fuch as have been already grants, except
made to the faid foldiery, feamen, and officers of the medical department) within made to thefaid
the faid forks, fhall be held and confidered as good and valid, unlefs the fame fhall §J£jg^
appear to be agreeable to the terms of this a£t ; and after the faid line fhall be run be valid, unlefs
as aforefaid, there fhall be one year allowed to the faid foldiery and feamen, and alftf^one yeat
officers of the medical department, to make their furveys, and take out grants for allowed them
their refpeclive bounties to which they are entitled within the faid referve. fhalJ be run.
XL And be it further enacled by the authority aforefaidy That the furveyors of Wafli- n^gTrT and™1"
ington and Franklin counties fhall be under the fame regulation as the furveyors of rame^egXt^na!
the other counties within this State. otl,ei' Wveyors-
XII. And be it further enabled by the authority aforefaidy That the county furveyors County furvey-
r 1 ii 1 ■ 1 • 1 •• 1 c - 1 1 • ors to afecrtam
or each county are nereoy authorized and required to alcertam and run their relpec- their refpedtive
tive county lines according to the constitution and laws of this State, except fuch as c"untv - i)nes s
; # ° ' :. the cxpence to
are already ascertained, the expence whereof fhall be equally borne and discharged be borne by the
by the two counties whofe divifion line it is. wljoiafog coun*
JOSEPH HABERSHAM, Speaker.
Savannah , February '^2, 1 785-
An Act to admit Nathaniel Pendleton, Benjamin Porter and Matthew M'AtliJler to No, 305.
plead and practice in the courts of law in this State.
February 22, 1785.
Private. An
3,2 DIGEST OF THE
A.D. 1785- An AB to enable the fubjeffs of his moft chrifian majefty to transfer
No- 3°6' and fettle fuch of their eflates and property as is or fhall happen to
fall -within this State; and alfo to perjecl the grant of twenty thou-
fund acres of land in this State, to the Vice Admiral the Count
D'Ffaing, and to encourage the ft t lenient thereof
Preamble. TTTHEREAS the congrefs of the United States of America, on the fourteenth
VV daY of January, one thoufand feven hundred and eighty, did refolve, that
it be recommended to the legiflatures of the aforefaid United States to make provi-
fion, where not already made, for conferring on the aforefaid fubje&s of his moft
chriftian majefty, the privilege of difpofmg and fettling their eftates agreeably to the
form and fpirit of the thirteenth article of the treaty of amity and commerce between
EnaSed his mo{l chriftian majefty and the United States of America, Be it therefore enabled
French- fobjedHs by the reprefentatives of the freemen of the State of Georgia, in general affembly met, and
empowered to b the aut],ority of the fame, That the fubjefts of his moft chriftian majefty {hall be,.
£t, Id the and they are hereby empowered to transfer and difpofe of fuch of their eftates and
fame fhall de- ropert)r as fhall happen to be within the limits of this State, and that the eftates and
hc^and°rePre- property of fuch of laid fubjeas as are or may be deceafed, and who were not citi-
deTe'atrl-116 zenS °f this State» beinS withi" the ^Pj ^ ddcend to alld beCOme the eftate
cording toCthe Df the heirs, and legal reprefentatives of fuch deceafed perfon, according to the laws,.
laws, e&c. of _ ^ ^d cu{lorn of the kingdom of France relative thereto, and fuch eftate fo de-
AnTLh fub- fcending fhall and may be fettled agreeably to the laws that are or mail be made
jeftsftall enjoy relative thereto, without being obliged to obtain letters of naturalization-, and that:
Su!eallSeF,i. the aforefaid fubjefts of his moft chriftian majefty fhall have, hold and enjoy, on their
vileges menti- t within this State, the privileges and immunities mentioned in faid articles, of;
oned in the ar- * t ~. .4 *: c
tides of treaty, treaty, according to the form and Ipint tnereoi..
Grauts of 2o no0 E, And whereas the general .affembly of this State refolved,. that grants of twenty,
^EXtELV thoufand acres of land mould iffue to the Vice Admiral the Count D'Eftaing, m teft
"m *w3&r£ timony of their refpeft for his meritorious Cervices, Be it therefore enatled, That the-
iee£HuSt Vice Admiral the Count D'Eftaing be, and he is hereby empowered and qualified*
Svifrgeiofl'.ree to receive and hold- the grants of land aforefaid, and he is hereby admitted to all the
citizen this state ^uikgab liberties and immunities of a free citizen of this State, agreeably to the:;
conftitution. . ,
HI. And (to encourage and promote the fettlement of. the faid land) be tt further,
E"tt enatled, That any perfon or perfons, being a fubjett of his moft chriftian majefty,,
blunts how to who is properjy. introduced with a defign to become an inhabitant of this State, iuch
Jhe riRh'Sof ci°- perfon or perfons fliall, after three years refidence, or in cafe of intermarriage with
tizenfhip. a dtizen of this Statej or either o£ the United States, after one year's refidence, and
taking the oath of allegiance and fidelity, be admitted to all the liberties, privileges
and immunities of natural born citizens of this State, any law,, ufage or cuftom to
the contrary notwithstanding.
JOSEPH HABERSHAM, Speaker.
Savannah, February 22, 1785.. .
ft
LAWS OF GEORGIA, 3r
* An Acl to explain the fijty-firjl article of the conftitution, refpe cling A- D- *78;
inteftate ejlates ; and alfo concerning marriages.
No. 307.
E it enabled by the reprefentativcs of the freemen of the State of Georgia in general
ajfembly wet, and by the authority of the fame, That the true conftruc~l"ion and
explanation of the fifty-firfl article of the conftitution fhall be, and the fame is hereby The true con-
declared to be as hereinafter mentioned, that is to fay, when any perfon whatfoever, ft™&i°n of tl,e
holding real and perfonal eftate fhall depart this life, inteftate, and without will, the conftitution.
the faid eftate real and perfonal, fhall be cqnfidered as being altogether of the fame rnntidLteofper-
nature, and upon the fame footing; fo that in cafe of there being a widow and tatetoLcwfider-
children, or child, they fhall draw equal fhares thereof, unlefs the widow fhall prefer the l™ nature,
her dower, in which event fhe fhall have nothing further out of the real eftate fowingTiiow tqbe
than fuch dower, but fhall neverthelefs receive her proportionable part or fhare Widow's dower
out of the perfonal eftate ; in cafe any of the children fhall have died before the
inteftate, their legal reprefentatives, that is, their lineal defcendants, if any fhall if neither wi-
ftand in their place and ftead ; in cafe of their being a widow, and no children, <|ow °r c*"j*
or legal reprefentatives of children, then the widow fhall draw a moiety of the tobe'diftributed
eftate, and the other moiety fhall go to the next of kin in equal degree, and a™°nS fhe nexJ
' . . . . J of kin in equal
their reprefentatives ; if no widow, the whole fhall goto the children; if neither degreeand their
widow or children, the whole fhall be diftributed among the next of kin in equal rePrefentatlves«
degree, and their reprefentatives ; but no reprefentatives fhall be admitted among
collaterals further than the children of the inteftate's brothers and filters : if the
father or mother be alive, and a child dies inteftate, and without ifTue, fuch father,
or the mother, in cafe the father be dead, and not other wife, fhall come in on the The next of kin
fame footing, as a brother or filler would do: the next of kin fhall be inveftig2ted by what rules to
by the following rules of confanguinity, that is to fay, children fhall be neareft, e '"v^i^C \
parents, brothers, and fillers, fhall be equal in refpecSt to diftribution, and coufins admitted to dif-
ihall be next to them ; the half blood fhall be admitted to diftributive fhare of the |riblUive &**
' ; in common with
real and perfonal eftate, in common with the full blood. the full blood.
II. And be it enaBed by the authority afore/aid, That the fame rules fhall obtain in The fame rules to
r , . . . r, n r • 1 obtain °n granting
regard to the granting of adminiftration or mteftates eftates, as are before mentioned, admiMidration ou
0 . . ° ° imeftates eftate.
for the diftribution thereof.
III. And be it further enaBed by the authority aforefaid, That fhould any cafe arife, Cafes not parti-
which is not exprefsly provided for by this act, the fame fhall be referred to, and °j ^0J J^1,.^
determined by the common law of this land, as it hath flood fince the firft fettlement be determined.
of this State, except only that real and perfonal eftate fhall always be confidered, in
refpect to diftribution, as being precifely on the fame footing.
IV. And be it further enaBed by the authority aforefaid, That in all cafes of inter- In cafes of inter-
marriage hereafter, the real eftate belonging to the wife, fhall pafs to, and become gf^'The real
veiled in the hufband, in the fame manner as perfonal property by the law of the eftate of the wife
land doth; and in cafe of the death of the hufband, thereafter inteftate, and without e^ ^""he huf-
R r will, band.
* This act was paffed under the conftitution of 1777. See act of 1789, No. 419, on the fame fubject, adapted
to the conftitution of 1789.
\
314
DIGEST OF THE
A. D. 1785.
No. 307.
Regifter of pro-
bates to give 30
days notice of
applications for
letters of admi-
nifiration, and
may in the mean
time grant tem-
porary letters to
collect and take
care of the eftate
Marriages hereto-
fore contracted be-
fore juitices, etc.
ratified aad con-
firmed ; and jufti-
ces of the peace
and minilters em-
powered after 3
itays public notice
or by licenfe from
die governor *r
reg ill er of probates
to join perfons in
matrimony.
Such perfons
marrying any
«oaple without
public notice or
licenfe fhall for-
feit £500.
will, the faid eftate (hall defcend, and become fubject to distribution inthe fame man
ner as perfonal property.
V. And be it further enacted by the authority aforefaid, That the regifters of probates
in each county, fhall give thirty days notice in the public gazette, and by advertife-
ment at the court houfe in each county, of all perfons who mail or may apply for
letters of adminiftration, before they fhall obtain the fame, on the eftate or effects
of perfons dying inteftate : but fuch regifter of probates, fhall or may neverthelefs,
as in his difcretion fhall feem necefTary, grant letters to collect, and take care of,
but not adminifter on the eftate and effects of the faid deceafed, during the faid
thirty days, after taking good and fufficient fecurity from the perfon or perfons to
whom he fhall grant the faid temporary letters.
VI. And whereas divers perfons have been married by juftices of the peace, and
minifters, or preachers of the gofpel, Be it therefore enabled, That fuch marriages
as have been heretofore contracted by any perfon and perfons, before or by fuch
juftice, or minifter or preacher of the gofpel, are hereby ratified, confirmed, and
allowed as valid in law, from the time of the folemnization thereof ; and ail juitices
of the peace, duly qualified, minifters or preachers of the gofpel in this State regu-
larly ordained, fhall, and they are hereby empowered and authorized, after public
notice of eight days being given, or by licenfe of his honor the governor, or regifter
of probates, to marry any perfon or perfons enabled to enter into marriage contract: :
And if any fuch juftice, or minifter or preacher of the gofpel, fhall marry any
couple without fuch public notice, or authorized by licenfe from the governor, or
regifter of probates, fo to do, he fhall on conviction, forfeit five hundred pounds
fterling, for the ufe of this State.
JOSEPH HABERSHAM, Speaker.
Savannah, February 2-2 , 1785.
No. 308.
The auditor re-
quired to audir all
trrafury certifi-
cates according to
the Icale of depre-
ciation and to give
the owner a certi-
ficate for the fpecie
value.
To take in all pa-
per bills of credit
2nd to (jive fpecie
certificates at the
rate of 1000/. paper
for i/. fpecie.
An Ordinance for after taining the fpecie valu? of Georgia treafury
certificates, and bills of credit ijfiued by the State fince the com-
mencement of the late war.
E it ordained by the reprefentatives of the freemen of the State of Georgia in general
affembly met, and by the authority of the fame,. That the auditor for the time
being, is hereby authorized and required to- audit all treafury certificates ifTued by the
authority of this State, according to the fcale of depreciation and date of faid certi-
ficate, and give the holder or owner,., a certificate for the fpecie value thereof, agree-
ble to fuch calculation.
II. And be it further ordained, That the faid auditor fhall be,- and he is hereby
required to take in, and receive all paper bills of credit that have been emitted fince
the commencement of the late war, and to give the perfon who may deliver in the
fame a fpecie certificate, to be calculated at the rate and depreciation of one thou-
fand for one, that is to fay, for every thoufand pounds of fuch bills of credit fo
emitted
LAWS OF GEORGIA. 315
emitted, (hall be given and allowed a certificate for one pound fpecie. Provided A. D. 178J.
neverthelefs, That all fuch treafury certificates and bills of credit fhall be delivered > "' 3° '
in to the auditor within fix * months from the date of this ordinance, And provided \Q^^r
alio* that fuch treafury certificates, or an account thereof have been delivered to Provifo.
J . Treafury certi-
the executive, agreeable to a former refolve of the legiflature in that cafe made and ficates being
provided. And when it fhall appear that a treafury certificate hath been negotiated, transferred, the
or transferred from the firft holder, then and in that cafe, the prefent owner of fuch be calculated
certificate, fhall by the evidence of one difinterefled perfon, make it appear at what fgr^iffuchHme
time he or fhe received fuch certificate, the depreciation thereon fhall be calculated beunknownthe
accordingly, and in cafe he or fhe cannot make it appear, the faid certificate fhall he a^;etej aas tills
audited in like manner as the bills of credit of this State. of credit.
JOSEPH HABERSHAM, Speaker.
Savannah , February 22, 1 785.
* Further time allowed by act of 1786, No. 339, feci. 6.
An Ac~l for eflablifhing courts in Franklin and Washington counties^ no. 309.
and to appoint juftices of the peace for faid counties,
WHEREAS it is expedient that the full adminifiration of juflice fhould be Preamble.
adminiftered in the two new counties of Franklin and Wafhington, and
that a fuperior court be eredled therein, Be it enabled by the reprefentatives of the free- c ^n.a eer'fonc
men of the State of Georgia in general affembly met, and by the authority of the fame, appointed jufti-
That Benjamin Cleveland be fenior, John Gorham, Larkin Cleveland, JefTe Walton, S^cotJ^S
Thomas Payne, JefTe Franklin, Walker Richardfon, Nathaniel Martin, John Barton, Franklin.
and Lewis Shelton, Efq'rs. be juftices of the peace for the county of Franklin ; the
four firft to be affiftant juftices of the fame, who in cafe of abfence of the chief
juftice, are empowered to hold a fuperior court, at the houfe of § Warren Philpot,
in faid county, the next Tuefday after that of Wafhington 5 and that his honor the J^n ^^hlld
governor be required to empower Thomas Payne, Efq. to qualify faid juftices, toge- at the houfe of
ther with the clerk and fheriff, who are legally elected for the aforefaid county. arreD * P°
II. And be it alfo enabled. That Thomas Napier be fenior, Robert Chriftmas, juftices ap-
Zachary Phillips, William M'Gehee, John Cobb, John Rutherford, John Barklev, F*;ntedforWa-
TT 1 T • fl 1 TT rr>1 TT-11 TTTM1- TT. • 1 T 1 TIT T ftlingtOIl COMltY
Hugh Irvin, Samuel Harper, 1 nomas Hill, William Daniel, John watts, James
Bowie, John Otrey, andF rancis Tennill, Efq'rs. he juftices of the peace for the
county of Wafhington ; the four firft to be affiftant juftices of the fame, who, in
cafe of the abfence of the chief juftice, are empowered to hold a fuperior court at superior court
or near the place commonly called the Buffalo f ponds, on the Tuefday three weeks t0 be held ^ or
after the time appointed for holding the ^courts in the county of Camden ; and that called thtBuffa-
his loPem3s-
§ To be held at Benjamin Acles's. Sec act -of 1787, No. 374.
t To be held at Thomas Jones's, on Williamfon's fwamp. See ad of 1786, No. 354.
3i<5 DIGEST OF THE
A. D. 178$. his honor the governor be required to empower Thomas Napier, Efquire, to qualify
No. 309. faidjuftices, together with the clerk and fheriff, who are legally elected for theafore-
faid county.
JOSEPH HABERSHAM, Speaker.
Savannah, February 22, 1785.
No. 310.
cer
amount d as.
An AH to auhorize the auditor to liquidate the demands ojfuch perfons
as have claims againjl the confifcated ejlates, and for other purpo-
fes therein mentioned. .
Preamble. "^"^T 7" HERE AS there are many perfons who have juft demands againft the eftates
\ y of thofe who are named in the act of confiscation and attainder, which on
Enacted, principles of juftice ought to be paid or fome way provided for, Be it enabled by the
Mc^iv,e"i4uMateS reprefetitatives of the freemen of 'the State of Georgia in general ajfembly met, and by the
cm,nffiiated eiia^l! authority af the fame, That the auditor for the time being, (hall be, and he is hereby
Sepiwuuiwf^id authorized and required to receive all demands againft the confifcated eftates, or
tntetifUte°for the either of them, on judgment bonds, or notes, and to calculate the depreciation and
intereft thereon, and give the perfons to whom fuch monies are due a certificate
thereof. And all thofe who may have claims againft either or any of the confifcated
claims on open ao eftates on open accounts, fhall produce and deliver in the fame to the auditor within
hi"" ih'fljwmitaj nine months * with fuch evidence as would be neceffary to eftablifh the fame in a
iuacoart of Ja«, court of law, and the faid auditor fhall then examine and audit all fuch accounts fo
to be audited in , , . . ~ r i 1 1 i
like maimer. authenticated, and give a certificate tor the balance due.
He fhall liqui- II. And be it further enabled, That the auditor fhall in no cafe decide on demands
debts oaf ,-, againft tne *"a'd confifcated eftates, for any trefpafs or perfonal wrongs, but fhall
liquidate bona fide debts only.
oiled MfceS HI. Awl be it further enaBed by the authority aforefaid, That the time mentioned
thfm^fetyofp^ and contained in the releafing act, for paying the moiety therein fpecified of the pur-
'cLTififcaKd^Vo- chafe money of confifcated property ; and alio the time mentioned and contained in
They'time for re- tne f^d a&> f°r receiving officers demands as fpecie in payment of fuch property
deraamisas^ecie. wfecH certified as therein required ; and alio the time limited in faid aft, for funding
fo^fu^g^dh- audited accounts or certificates, and taking out certificates of a new denomination 5
And^m^viYe the zn^ l&ewife the time mentioned and contained in any of the land acts for receiving
amf oTntheneilnd audited certificates, in payment of the purchafe money of unloeated lands, as well
aud^fed^errificlrel &* tne °^ as m ^ie new counties within this State, fhaU be, and the faid times for
jorat'ed'iandf; ex", the faid feveral purpofes above mentioned are hereby declared to be extended and pro-
fromyaSing ^ longed for one year, from and after the paffing of this act, under the feveral reftric-
tions and regulations laid down and contained in the faid acts refpedtively.
Governor and JY. And be it further enabled by the authority aforefaid, That it fhall and may be
ered to order lawful for his honor the governor, by and with the advice of the honorable the
fales of confif- executive council, and they are hereby required to order and direct the commiflioners
audited certifi- of confifcated eftates, to fell and difpofe of any forfeited lands now remaining unfold
cates wholly. £or
* Further extended by a& of 1786, No. 339, fed. 1.
LAWS OF GEORGIA,
3l7
for audited or funded certificates, wholly, fo as to redeem as many of fuch certifi-
cates as may be : Provided fuch certificates be brought in within one year after fuch
purchafe made, or otherwife the faid purchafe money to become fpecie ; And alfo
provided, the party purchafing do give good bond and fecurity agreeable to law for
the faid purchafe money.
V. And be it enabled by the authority afore/aid, That when it fhall fo happen that
any perfon is diffatisfled with the determination of the auditor, on his or her demand
againft any of the faid eflates, fuch perfon or perfons fo diiTatisfied may appeal to the
fuperior court of the county to which he, (he, or they belong, fuch appeal to be
carried on folely at the expence of the party appealing, and the auditor fhall give a
certificate agreeable to the verdict on fuch appeal.
VI. And be it further enacted, That the auditor fhall require fatisfaclory proof
on oath, both in refpe£t to debits and credits, in fupport of any claims that may be
made againft the confifcated eftates, in the fame manner as he now doth in fupporc
of other claims againft the State. Provided neverthelefs, and be it enabled by the autho-
rity afore/aid, That no judgments obtained on bonds or notes given, or any debts by
any other way contracted during the Britifh ufurpation fhall be received or
allowed.
VII. And be it further enabled, That all perfons having demands againft the confif-
cated eftates, or either of them to liquidate, fhall in the firft inftance take the follow-
ing oath before the auditor ; " I A. B. do folemnly fwear, that the demand I have
exhibited to the auditor againft C. D. is juft and true, and to the beft of my know-
ledge, I have not received any part of faid demand, nor do I know he has any
demands againft me for which credit fhould be given him. So help me God."
VIII. And be it further enabled, That the commiffioners of confifcated eftates fhall
be and they are hereby required to immediately furnifh the auditor with the amount
fales of each and every of the confifcated eftates ; and the faid auditor is hereby in-
ftructed and required not to give certificates on the demands againft any eftate con-
fifcated to a greater amount than the amount of the fale of fuch eftate.
IX. And be it further enabled by the authority aforefaid, That his honor the gover-
nor and executive council fhall have power and authority (upon a previous valuation
being had on oath by any three freeholders) to order fales to be made of confifcated
property to the amount of fifteen hundred pounds fterling to be paid into the trea-
fury as a contingent fund for the more immediate emergencies of the State.
JOSEPH HABERSHAM, Speaker.. ,
Savannah, February 22, 1785,
A. D. 1785.
No. 310.
To be paid wi'Iiin
one year otherwise
to be paid infpecie.
The ptirchafir
giving bond and
ftcurity agreeably
to law.
Perfbns didati'fied
may appeal from
the determination
of the auditor to
the fuperior souit.
The auditor fha!l
require like proof
in fupport iifclaims
as.ainlt conlifcated
eilates as in other
claims.
No judgments ob-
tained on bonds,
etr. or debts con-
tracted during
Britifh ufurpaciort
{hall be allowed.
Perfons having
demands to li-
quidate to take
an oath before
the auditor.
Form thereof.
CommiiTioners of
confifcated eftates
to furnifh the au-
ditor with aincnnt
of fales of the fe-
veral eftates, who
fhall not allow
chins to a greater
amount.
The "governor
and council may
order fales to a-
mount of £1500
for a contingent
fund.
An
3i8 DIGEST OF THE
•
A. D. 1785. An Ail to render eafy the mode of conveying lands > and for making
No. 311. valid all deeds and conveyances her ef ore that may be deficient in
point of form.
Preamble "W"'? 1THEREAS many deeds of bargain and fale, and other deeds of feoffment or
f V conveyances, have been made, which have not been enrolled, or livery and
feifin had, or may be deficient in point of form, when it was the legal intent of the
EnaScd. party to fell and lawfully convey the fame, Be it enabled by the reprefentaiives of the
No deed, &c. of freemen of the State of Georgia in general affembly met, That no deed of feoffment, bar-
ments hereto- E^'m and fale, and deed of gift, or other conveyance of lands or tenements whatfo-
fore made (hall ever, heretofore made, fhall be impeached or fetafide, in any courts of law or equity,
want of form, for want of form, or livery and feifin, or enrollment, or for any other defect in the
livery andfeifin, form or in the manner of the execution of anv fuch deeds or conveyances, either in
or enrollment. ■,|. '- . J .'
the nrft deed, or in any of the mefne conveyances derived therefrom, fo that the
right were and would have been in the perfon or perfons conveying, if fuch defects
had not happened in fuch conveyances, or in the manner of the execution of the fame
as aforefaid.
Deeds of con- II. And to the end that fuch evils may be remedied in future, Be [it enabled by
veyance oi- ianas ^g ^///ZwvVv aforefaid. That all deeds of conveyances, by way of bargain and fale,
cuted and prov- bona fide, of lands or tenements, and executed under hand and feal in the prefence
of two or more witneffes, and a valuable confideration paid, that are proved or
acknowledged before a juftice of the peace, or before the chief juftice, or one of
To be recorded the affiftant juftices, and the faid deed is regiftered by the clerk of the court in the
"L the f clfrks county where fuch lands or tenements lie, in a book by him to be kept for that
county where purpofe, within twelve * months from the date of fuch deed, for which he fhall
fuch lands he recejve four-pence per copy fheet of ninety words; then, and in that cafe, fuch
monthsfrom the deed of conveyance by way of bargain and fale fhall be, and the fame is hereby
*teo t e ee . cjec]arej to be, good and valid in law and equity, according to the true intent,
the fame. conftru&ion, and meaning thereof: Provided neverthelefs, that nothing herein con-
Provifo. tained fhall extend, or be conflrued to extend, to prevent any perfon or perfons who
fhall prefer the former mode of conveyance by way of leafe and releafe, from ufing
the fame, or in the leaft to impeach or difcontinue that form of conveyance, where
the fame fhall be preferred by the parties contracting as aforefaid, on condition only
that the faid deeds of leafe and releafe hereafter to be made, be duly regiftered in the
county where the lands lie, within one year from and after the date of fuch deeds.
Renunciation of V^? -^-nt^ m ca^e °^ dower, Be it further enabled, That any fuch deed of convey-
dower, how ance 0f ianjs Qr tenements, in which a feme covert may be interefted, by dower or
otherwife, and that fach feme covert doth voluntarily, with her hufband, agree, and
fign, feal and deliver, before lawful evidence, fuch deed of conveyance of any lands
•or tenements as aforefaid, and alfo before the chief juftice, or any juftice of the peace,
on private examination, doth acknowledge and agree that fhe did, of her own free
will and accord, fubferibe, feal, and deliver the faid deed, with an intention thereby
fo
* By act of February, 1788, No. 387. The time for recording deeds, &c. for lands and tenements is extended
two years from the date of that act, which is revived and the time further extended by act of December, 1790,
No. 438, feet. 14, until ill February, 1793. Thisact hasfroce been left to operate.
LAWS OF GEORGIA. 319
m renounce, give up, and for ever quit claim to her right of dower and thirds of, A. D. 1785.
to, and to the lands or tenements therein mentioned, then, and in that cafe, fuch No. 311.
deeds of conveyance, or bargain and fale of lands and tenements, fhall be held, deemed
and confidered, according to the conftruclion and meaning thereof, to be good
and valid in law and equity, and (hall be, and is hereby declared to be a free, full,
and abfolute renunciation of dower and thirds, any law, ufage, or cuftom, to the
contrary notwithftanding.
IV. And be it further enabled by the authority afore/aid, That all bonds, fpecialties, Bonds, fpecial-
letters of attorney, and other powers in writing, which fhall be produced in any court, 0f attorney exe-
or before any juflice, in this State, the execution whereof being proved by one or c,utetl in other
more of the witneffes thereunto, by affidavit or folemn affirmation in writing before be proved in
any governor, chief juflice, mayor, or other juflice, of either of the United States, thls<
where fuch bonds, letters of attorney, or other writings, are or fhall be made or ex-
ecuted, and accordingly certified and tranfmitted under the common or public feal of
fuch State, court, city, or place*, where the faid bonds, letters of attorney, or writ-
ings are proved, fhall be taken and adjudged as fufficient in law as if the witneffes
therein named had been prefent ; and fuch certification (hall be fufficient evidence to
the court and jury for the proof thereof; Provided, that in every fuch affidavit or
affirmation, there fhall be expreffed the addition of the party making fuch affidavit or,
affirmation, and the particular place of their abode.
V. And be it further enaEledy That all fales or conveyances of lands, tenements', Sales of land by
hereditaments, which fhall hereafter be made by virtue of any -letters or powers of neyVuty pr°v-
attorney, duly executed, which do* or fhall exprefsly give power to fell all lands or ?d> d<*te?ed to
other eftates, and be certified to have been proved as aforefaid, or fhall be proved in feclual in law.
this State, before any juflice ofthe- peace, by one or more of the witneffes thereunto,
fhall be good and effeclual in law, to all intents, conftruelions, and purpofes what-
foeverj the fame as if the faid conftituents had, by their own deeds and conveyances,^
actually and really fold and conveyed the fame: Provided ahvays, That no fale of Provided fuch
1 1 r r 1 ' r , .. r r ■ t tiles be mad<:
lands, made by virtue of fuch power or powers or attorney, or agency, as aforefaid, prior todue no-
fhall be good and effectual, unlefs fuch fale be made and executed while fuch pow- Uce of revoca;
- f . tion or de:nh of
ersare in force* and all fueh powers fhall be accounted, deemed)1 and taken to be in th« confikuenr,
force, Until the attorney or' agent fhall have due notice of a countermand,- revocation
or death of the constituent.
VI. Be it further enafted by the authority aforefaid j That it fhall and may be lawful Papers loft dur-
for any perfon or perfons, whofe titles, bonds, notes, books of account, receipts how to be ef?a-
and -papers, touching his, her, or their-eftate and property, may have been- loft or khfhed..
deflroyed during the late war, who fhall produce a paper writing, purporting to be
a-copy, or as near; a copy-of the original paper fo loft or deflroyed as aforefaid, with
full or oireumftantial proof of the fubftance thereof,- and of his, her- or their title-
thereto,, and fhall lodge the fame in the office of the clerk of the county where fuch'
perfon refides, or where lands are in queflion is fituate, and fhall notify by public
gazette of this State, that fuch perfon or perfons intends to eftablifh fuch deed or
paper, that thea it fhall -and may be. lawful, and in ;cafe no fufficient objection fhailJ
b&;
3;20
DIGEST OF THE
i\. D. 1705.
No* in,
be made, for the fuperior courts in each county to eftablifh the title and right of fuch
perfon or perfons to the property alluded to, by the teftimony and papers offered to
the faid court, and be dee.med as good evidence in law, fo far as to give the party
applying a good right and title, until a better fhall appear and be matle out to the fa- '
tisfaction of a court and jury, within the time limited by the act of limitation.
JAMES HABERSHAM, Speaker.
Savannah, February 22, 1 785.
No. 3 IS.
CommiffionHrs
named and ap-
pointed toiixon
a place for eftab-
lifhing the ieat
of government,
and the univer-
fity.
Provifo.
And are author-
ized toappropri-
ate public lands
or purchafe,not
exceeding loco
acres for that
purpofe, to be
laid out in lots,
&c. and named
Louifville.
After referving
a fufficient num-
ber for public
ufes the remain-
der of the lots
with the go-
vernment houfe
in Savannah to
be fold by them
and the money
applied in pur-
chafing the land
and erecting the
public buildings
The laid com-
miffioners to
give bond and
fecurity to the
governor, and
take an oath.
The form there-
.of.
An Ordinance for empowering commiffioners to fix on a place conve-
nient for a feat of government, and to ereel public buildings
thereon.
E it ordained by the representatives of the freemen of the State of Georgia in general
affembly met, and by the authority of the fame, That Nathan Brownfon, Wil-
liam Few and Hugh Lawfon, Efqrs. (hall be commiffioned and appointed, and
they, or a majority of them, are hereby authorized and empowered, to proceed and
fix on a place, which they may think moft proper and convenient, for erecting of
public buildings, and eftablifhing the feat of government and the univerfity ; Pro-
vided the fame fhall be within twenty miles of Galphin's old town ; and the faid
commiffioners are hereby authorized to appropriate any public lands, or to purchafe,
or otherwife procure, in behalf of the State, a tract of land for that purpofe, which
fhall not exceed one thoufand acres, and to lay out a part thereof in lots, ftreets, and
alleys, which fhall be known by the name of Louifville : And, after referving a fuffi-
cient quantity of land for the date houfe, univerfity, and other public buildings, to
fell the remainder of the lots, or fo many as they fhall judge moft conducive to the
public intereft ; and alfo to fell the government houfe and lot in the town of Savan-
nah, and the money arifing from the fale of the faid houfe and lot fhall by them be
applied to the fole purpofe of paying for the aforefaid land, and erecting the faid
public buildings : And the faid Nathan Brownfon, William Few, and Hugh Lawfon,
or a majority of them, are hereby vefted with full power to bargain, fell, and con-
vey, the faid government houfe and lot, together with the lots in the faid town of
Louifville fo as aforefaid, to be laid out with the appurtenances, and take bonds in
their own names, and to their fucceflors in office, and, on receiving full payment,
to convey to the purchafer or purchafers thereof, and make a fufficient title in fee
fimple to the fame, which fhall be held and confidered as good and valid in law or
equity.
II. And be it further ordained. That the faid commiffioners fhall, before they enter
on the bufinefs aforefaid, give bond and fecurity to his honor the governor, for the
due performance thereof, in the penalty of fix thoufand pounds, and fhall, before
him, take the following oath, " I A. B. appointed a commiffioner to fix on a place
moft convenient for a feat of government, and for erecting public buildings thereon,
do folemnly fwear, that I will faithfully difcharge the duties required of me by law,
to
LAWS OF GEORGIA. 321
to the bell of my fkill and judgment, for the intereft of this State, and the conveni- A. D. 1786.
ence of the inhabitants thereof. So help me God." And the faid commiffioners fhall re- And torecefve
r • r t • 1--i o. 1 r • • i 1 1 r conipenfjiion, not
ceive compeniation for their expences while on actual iervice, provided the lame exceeding tw«doi-
, , 1 11 11 Iws per day each
does not exceed two dollars each day. while on a&uai
III. And be it ordained by the authority aforefaid, That the place of the meeting of Augufti to be the
the legislature, the refidence of the governor, the fecretary, treafurer, furveyor mem until the
general, and auditor, {hall be at Augufta, until the (late houfe and other public build- mail Be ereaed at
ings fhall be erected, and the next meeting of the legiflature thereafter (hall be at
Louifville.
WILLIAM GIBBONS, Speaker.-
Augufta y January 26, 1786*
aatTJggfig
B
An Ac! to regulate the tolls, to be taken at mills. No. 313.
E it enacted by the reprefentatives of the freemen of the State of Georgia , in general
affembly met, and by the authority of the fame, That all owners or occupiers of Toll to be talc
mills, ihall well and fufficiently grind, or caufe to be well and fufficiently ground all not" to exreed
■clean and dry grain brought to their mills, and in due turn (as far as five bufhels) as one eighth part.
the fame may be brought and may take for toll one eighth part thereof, and no
more : And every owner or occupier of a mill, who fhall not well and fufficiently
grind, or caufe to be well and fufficiently ground as aforefaid, (unlefs in times of
drought or other fufficient caufe, of which the juftice may judge) or not in due turn,
or take or exact more toll, fhall, for every fucii offence, on proof thereof by one or Owners to for-
more credible witnefs, forfeit and pay a fum not exceeding fifteen fhillings, to the feit jc/formif-
party injured, recoverable with cofls,. before a juftice of the peace of the county
where fuch offence fhall be committed : Provided always, That every owner or occu*
pier of a mill may grind his or her own grain at any time.
WILLIAM GIBBONS, Speaker,
Augufta, January 26, 1 7 85. ,
An Act to indemnify Alexander Semple and Henry OJhorne, Ef quires, for having acled as n0.. iI4,
jufices of the peace in the counties of Glynn and Camden, and the faid Henry QJborne,,
as colleElor of duties therein, under, an appointment of the governor and council.
January 26, 1786.
Private.
An Ordinance for the pardon and indemnity of Mary Piatt, No. 315.
January 30, 1786'.
Private.
S. S: Ail
22 . DIGEST OF THE
3?A
A. D. 1786. An AB to improve the navigation of Brier creek, from Rea's old Cowpen to ihe mouth
No. 316. thereof.
January 30, 1786.
Repealed by acl of I ^ go, No. 443.
No. 317. An Ordinance for the pardon of John Bryce.
January 30, 1786.
Private.
No. 318. An Ordinance to vejl certain lots in Mrs. Ann Bard.
January 30, 1786.
Private.
No, 319- An Acl to revife the lavus for regulating the ports of Savannah and
Sunbury ; for clearing the river Savannah^ beloiv the toivn of that
name ; and for building a light houfe at the entrance of Saint Ca-
tharine's Inlet] and a fort on the ifland of Cockfpur or Tybee.
public lots in si-" XIII. A ND be it further enaBed, That the public lots in the town of Savannah,
COITU- -
far as CO Ieafe the
™%££tfo- /"V the government houfe and lot excepted, {hall be and the fame are hereby
i
Jell
[a'meSuntiiaa free vefted in the hands and direction of the commiffioners appointed by this a& for the
ihai'i" be>rerecteci, purpofes mentioned for the port of Savannah as aforefaid, and only fo far as relates
and then abfolute- r I .„„,, i n/lllLrxj
iy veiieii in r„ch t0 ^g \£%fe thereof, and until a free fchool, academy or college ihall be erected or
maybe appointed, 0Dened for the faid county when the fame and every of them fhall be, and the fame
and their fuccdl- r J ' . . f .
crs for ever. are hereby declared abfolutely vefted m the hands, direction and power ot luch com-
miffioners or truftees as may be appointed to carry on and conduct the fame, and
their fucceffors for ever.
The commiffi- XIV. And be it further enaBed, That the commiffioners of the pilotage for the
fcShfffof6 ports of Savannah and Sunbury, fhall be and they are hereby appointed commiffion-
Savannah, &c. erSj 0r a majority of them for carrying this act into execution in the ports they re-
appointed com- __..,"«.,.
mimoners to fpeftively belong to.
carry this a& in- f/je reft repealed by aft of \ 787, No. $66.
to execution. J r . WILLIAM GIBBONS, Speahr.
Augufla, January 31, 1786.
no. 3ao. An AH for dividing the county of Wafhington.
T* E it enaBed bv the reprefentatives of the freemen of the State of Georgia, in general
cSrityfSed, _|3 ajfembly met, and by the authority of ihe fame, That a line fhall be run north
"um/LTdout. forty-five degrees, eaft, beginning on the Oconee . river, thence up Ogechee to the
LAWS OF GEORGIA.
323
Head of the main branch; from thence a dire £1 courfe to the Cherokee corner;
from thence to the fouth branch of Oconee, running into that river at or near Za-
chariah Philips's ; thence down the Oconee to the beginning, including a trait of
country which (hall be calied and known by the name of Greene county.
II. And be it further enabled, That the court houfe and gaol fhall be built, and the
fuperior courts and annual elections heldy*at a town to be laid out on the college fur-
vey on Richland creek.
III. And be it enabled, That the truftees of the univerfity, or a majority of them,
fhall be and they are empowered and requefted to lay out or caufe to be laid out, a
town, which (hall be known by the name of Greenefborough, on faid college furvey ;
and after referving a number of lots fufficient for public buildings, to fell and convey
the remaining lots and land adjacent, to the purchafer or purchafers in fee fimple :
Provided only, that the money arifmg. from the fale of the faid lots and lands adja-
cent, fhall be applied to the fole purpofe of promoting learning and fcience, and the
quantity of land fo to be laid off, does not exceed one thoufand acres.
WILLIAM GIBBONS, Speaker..
Augufa, February 3, 1 786.
*An Ac7 for the encouragement of literature and genius,
WHEREAS the principles of natural equity and juftice, require that every au-
thor (hould be fecured in receiving the profits that may arife from the fale
of his works, and fuch fecurity may encourage men of learning and genius to pub-
lifh their writings, which may do honor to their country, and fervice to mankind, Be
it enabled by the reprefentjitives of the freemen cf the State of Georgia, in general afftmbly
met, and by the authority of the fame, That the author of any book or pamphlet not yet
printed, or of any map or chart, being an inhabitant or refident in thefe United States,
and his heirs and affigns, fhall have the fole liberty of printing, publifhing and vending
the fame, within this State* for the term of fourteen years,. to commence from the
day of its firft publication in this State : And if any perfon or perfons, within faid
term of fourteen years, fhall prefume to print or re-print any fuch book, pamphlet,
map or chart, within this State, or to import or introduce into this State for fale,.
any copies thereof, reprinted beyond the limits of this State, or fhall knowingly pub-
lifh, vend, and utter or diftribute the fame, without the cenfent of the proprietor
thereof in writing,, figned in the prefence of two credible witnerTes, every fuch per-
fon or perfons fhall forfeit and pay to the proprietor of fuch book, pamphlet, map or
chart, double the value of all the copies thereof fo printed, imported, diftributed,
vended or expofed for fale, to be recovered by fuch proprietor in due courfe of law :
Provided neverthelefs , That no author, affignee or proprietor, of any fuch book, pam-
phlet, map or chart, fhall be entitled to take the benefit of this ftatute, until he fhall
duly regifter his name as author, affignee or proprietor, with the title thereof, in the
office of the fecretary of the State, who is hereby empowered and directed to enter
the fame on record. II.
* The power of fecuring, for limited times, to authors and inventors the exclufive right to their refpeftive-
wriu'ngs and difcoveries, veiled in congrefs by the federal conftitution,.
A. D. 1786,
No. 320.
Court lioufe and
gaol to lie built,
and i-Iections held
at a town to be laid
out on the college
land.
Truftees of the
univerfity to lay
out the town
named Greenef-
borousrh.
Provifb.
The money arifing
from the (ale of
lots and lands-adja-
cent, fhall be ap-
plied to the promo-
tion of learning ;
and the quantity
of land to be laid
our not to exceed
1000 acres.
No. 3ai.
Preamble,
Enacted.
Authors of
books, maps,
&c. tbeir heirs
and affigns fe-
cured in the ex-
clufive right to
the fame for 14
years.
Provifo.
The name of the
proprietor with
the title, to be
entered of re-
cord in the fe-
cretary 's office,
\ „
324 DIGEST OF THE
A'SjP'^1,?8 !*• -^"d be it further enabled by the authority afore/aid, That at the expiration of the*
At the cxpha- faid term of fourteen years in the cafes above mentioned, the fole right of printing
t»rm° the au- anc^ difpofing of any fuch book, pamphlet, map or chart in this State, fhall return to
thor if then iiv- the author thereof, if then living, and his heirs and affigns, for the term of fourteen-
affiffostobefur- years more to commence at the end of the faid firft term ; and that all and every per-
Uut fecured for fon or perfons who fhall re-print, import, -vend, utter or diftribute in this State,
any copies thereof, without the confent of fuch proprietor obtained as aforefaid, dur-
ing the faid fecond term of fourteen years, mail be liable to the fame penalties reco-
verable in the fame manner as is herein before enacted and provided.
III. And whereas it is equally neceffhry for the encouragement of learning, that
the inhabitants of this State be furnifhed with ufeful books, &c. at reafonable prices :
Proprietors to Be it further enabled) That whenever any fuch author or proprietor of fuch book,
lie with fuffici- pamphlet, map or chart, (hall neglect to furnifli the public with fufficient editions
eut editions thereof,or (hall fell the fame at a price unreafonable, and beyond what may be adjudged
thereof at a rea- *
fonable rate, or a fufficient compenfation for his labor, time, expence, and rifk of fale, the chief juf-
on comphmt be tjce 0£ ^g gta*e on complaint thereof made to him in writing, is hereby authorized
fubjecT: to the ' rii • iri
order of the fu- and empowered to fummon fuch author or proprietor to appear before the next fupe-
penor court rjor court to De holden in the county where fuch author or proprietor dwells, if a
refident of this State, if not, in the county where fuch complainant dwells ; and faid
court is hereby authorized and empowered to enquire into the juftice of fuch com-
plaint, and if the fame be found true, to take fufficient fecurity of fuch author or
proprietor conditioned that he fhall, within fuch reafonable time as faid court fhall
direct, publifh, and offer for fale, in this State, a fufficient number of copies of fuch
book, pamphlet, map or chart, at fuch reafonable price as faid court {hall, on due
confideration affix; and if fuch author or proprietor fhall, before faid court, neglect
or refufe to give fuch fecurity as aforefaid, the faid court is hereby authorized and
empowered to give to fuch complainant a full and ample licence to re»print and
publifh fuch book, pamphlet, map or chart, in fuch numbers and for fuch term as
faid court fhall judge juft and reafonable; Provided faid complainant fhall give fuffi-
cient fecurity before faid court to afford faid re-printed edition at fuch reafonable
price as faid court fhall thereto affix.
Perfons print- IV. And be it further enabled) That any perfon or perfons who fhall procure and
ing any manu- print any uhpublifhed manufcript, without the confent and approbation of the author
fenpt without r { x ■ ■ _ • ;■;• ' * ' . ' . ,",.'■.
the confent of or proprietor thereof nrtt had and obtained, n fuch autnor or proprietor be living and
the proprietor, re£jent [n or inhabitant of this, or any other of the United States fhall be liable to
liable to luner * ..... n
damages by ac- fuffer and pay to the faid author or proprietor his juft damages for fuch injury, to be
tl0n recovered by action brought on this flatute in any court of law in this State proper to
try the fame : Provided always. That nothing in this act {hall extend to affect, preju-
dice, or confirm the rights which any perfon may have to the printing or publifhing
of any book, pamphlet, map or chart, at common law, in cafes not mentioned in this
act, or to fcreen from legal punifhment, any perfon or perfons who may be guilty of
printing or publifhing any book, pamphlet, or paper, that may be prophane, treason-
able, defamatory, or injurious to government, morals or religion : Provided a/fo, That
this
LAWS OF GEORGIA. 325
this act mail not extend, or be conftrued to- extend, in favor or for the benefit of any A. D. 1786.
author or perfori refiding in, or inhabitant of any other of the United States, Until No- ?*?•
the State or States in which fuch perfon or perfons reticle or dwell, fhall have pafled.
fimilar laws- in favor of the authors of new publications, and their heirs and affigns.
WILLIAM GIBBONS, Speaker,
Augufla, February 3, 1786.
An Afit to authorize Zachariah Lamar, Efquire, to lay out a toivm $fc 3ZZ,
at the mouth of Broad river, and to ejlablijh infpefitions in the
county of Wilkes.
WHEREAS it is neceflary, and will be greatly conducive to the general conve- Preamble,
nience of the citizens in the upper part of this State, that a town lhould
be laid out, and a tobacco infpection eftablifhed at the mouth of Broad river in the
county of Wilkes, Be it enaFted by the reprefentatives of the freemen of the State of Geor- Eaa&sdv
gia in general ajfembly met, and by the authority of the fame , That Zachariah Lamar of Zachariah La-
the aforefaid county, be and he is hereby fully authorized and empowered to lay out m,ar eaaPower"
a town on his own land, fituate on the fouth fide of the mouth of Broad river, into town at the
any and fuch number of half acre lots as he may think proper, and to difpofe of and ™v"r called1
make titles to the fame, according to the ufual manner of conveyances ; which faid Lincoln, and to
town fhall be called and known by the name of Lincoln : And the faid Zachariah warehoufe" for
Lamar is hereby further authorized and empowered to ere£t a public warehoufe for tobacco,
the reception and infpettion of tobacco in the faid town of Lincoln, fubject always to
the laws that have been or may hereafter be provided for the infpection of tobacco.
II. And ivhereas Dionyfius Oliver, of the aforefaid county of Wilkes, hath peti- Dyonifius OK-
tioned the legiflature to authorize him to erect a warehoufe on his own land, in the ver authorized
aforefaid county of Wilkes, in the fork between the aforefaid Broad river, and the houfeinthefork
river Savannah, for the reception and infpeftion of tobacco ; And whereas, the fame of Broad ^W
rr- r ■ ri r Savannah ri-
is likewife thought neceflary for the convenience of the upper fettlers : Be it further vers.
enacted, That the faid Dionyfius Oliver is hereby authorized and empowered to erect
the faid warehoufe, and the faid infpection is hereby eftablifhed, fubjedt always to
fuch laws as have been, or may hereafter be made for regulating the inflection of
tobacco as aforefaid. '; '*.
WILLIAM GIBBONS,' Speaker
Augufla, February 3, 1786.
An Ac! to revife and amend an aft for regulating the trade, laying duties upon all wares, jjo. 323.
goods, liquors, merchandizes, and negroes imported into this State ; a If 0 an impofl on the
tonnage of flipping, and for other purpofes therein mentioned.
February 13, 1786.
Repealed by aft of 1 787, No. 386.
An
326 DIGEST OF THE
A.D. 1786. An Aft to repeal an aft, entitled " An Aft for inflifting penalties on,
'' 324, and confifcating the ejlates of fuch perfons as are therein declared
guilty of treafon, and for other purpofes therein mentioned" fofar
as the fame relates to the banifhment of Simon Monro.
£0 much of the II. A ND be it further enabled. That all and every part and parts of the faid a£t
laid act as relates *— *
to the ££& or XI relating or belonging to the heirs, devifees and afligns of John Forbes, de-
afligns of John ceafed, be and is hereby repealed ; and that all bonds for any part of the nroDertv
torbesdeceaied, rurir-jTi-i-') 1 • 11 r r 7
repealed and all loid °* the Iaid John rorbes, be given up by the treafurer to the heir or heirs.
peTtytotgfvTn „ • WILLIAM GIBBONS, Speaker.
up to the heirs. Atigujta, February 13, 1786.
Enacted,
The lands lately
No. 325. An Aft to prevent perfons from fettling or furv eying any part of the
late ceffion of lands between the rivers Alatamaha and Saint Mary.
Preamble. ~\\ 7"HEREAS it is not proper that any of the late ceffion of land between the.
W Alatamaha and Saint Mary's river fhould be fettled or located at prefent,
Beit enabled by the reprefentatives of the freemen of the State of Georgia in general affembly
ceJed Tying be-' met. and by the authority of the fame. That no perfon (hall prefume to furvev or fettle
tween the Alaca- ' * ' J <* J * K /
rnaha, sr. Mary's, on any lands lying between the Alatamaha and Oakmulgee and Saint Mary's rivers,
and Oakmulgeen- . . J J
vers, not tobe fur- above the old Indian boundary line, being lands lately ceded to this State, and if any
Y^irffWe" furvey ihall be made,, it fhall be of no effect, and the perfon making fuch furvey (hall
thepr Vve •tiierton ^ov^eii: and Pay tne ^am OI" one pound* for every acre of land fo furveyed ; and all
to 1 forfeit 20/. per warrants for furveying lands within the above boundaries, and all grants of lands
vevs'anT^rantftbr therein, are hereby declared void, null, and of no effect ;. and all fuch lands Ihall ftili be
awura«i^efared deemed vacant land, and (hall be liable to be furveyed as fuch when the legiflature fhall
Prdvifo vw<1" gJve permiflion . to locate the lands above mentioned: Provided, that nothing herein
contained (hall extend to the counties of Glynn and Camden, the vacant lands of which
may be furveyed as formerly : And if any perfon fhall fettle on the faid lands before
the legiflature fhall give permiflion to locate the fame, fuch fettlement fhall not give
any right of preemption or preference whatever.
Not neceffary to jj# £n(i frg ft enaBed by the authority aforefaid, That fo much of the late land law as ■,
regifter grants , «n 1 ■ ' • 1 rr r
in the county requires all perfons to regilter their grants in the office of the county furveyor, within,
furveyor's office twelve months from the date thereof be,, and the.fame is hereby repealed-.
late land ad re- III. And be, it enabled. That no warrant fhall ever be out of date if furveyed within;
No warrant out tw0 years from the date of faid warrant.
of date if fur. WILLIAM GIBBONS, Speaker. .
ycL /rom'th* Auguja, February 13, 178&
* Additional penalties iropofed by. act of 1787, No. 38 J, feci V.
M:
date thereof,
LAWS OF GEORGIA, * • 327
An Acl to make provifion for officers ', foldiers, or feamen, voho have A. D. 1786.
been difabled in the fervice of the United States.*
"HEREAS by a refolution of congrefs of June the feventh, one thoufand Preamble,
feven hundred and eighty-five, it is reeom mended to the feveral States,
to make provifion for officers, foldiers, or feamen, who have been difabled in the
fervice of the United States, Be it enabled by the reprefentatives of the freemen of the Enacted.
State of Georgia in general ajfembly met, and by the authority of the fame, That John Provifion mads
Brickell and James Lauder, Efquires, be, and they are hereby appointed infpectors j£[d;threg andCfea-
for this State, who fhall in the manner herein after pointed out, examine and make men difabled in
a compleat lift of all the officers, foldiers, or feamen refident in this State, who u^J s£ea°es> e
ferved in the army or navy of the United States, or in the militia in the fervice of
the United States, and have been difabled in fuch fervice, fo as to be incapable of
military duty, or of obtaining a livelihood by labor j in this lift fhall be exprefled the
pay, age, and difability of each invalid, alfo the regiment, corps, or fhip, to which.
he belonged, and a copy of the fame fhall be tranfmitted to the office of the fecretary
at war, by the fecretary of the State, within one year from and after the pairing
of this act ; and a like defcriptive lift of the invalids refident in this State, (hall from
year to year be annually tranfmitted to the office of the fecretary at war.
II. And be it further enabled by the authority afore/aid, That no officer, foldier, or What proof ne-
feaman, (hall be confidered as an invalid, or entitled to pay, unlefs he can produce an invalid to
a certificate from the commanding officer or furgeon of the regiment, fhip, corps, pay-
or company in which he ferved, or from a phyfician or furgeon'of a military hofpital,
or other good and fufficient teftimony, fetting forth his difability, and that he was
thus difabled while in the fervice of the United States.
III. And be it further enabled, That all commiffioned officers within the aforefaid Rates of pay to
defcription, difabled in the fervice of the United States, fo as to be wholly incapable
of military duty, or of obtaining a livelihood by labor, be allowed a yearly penfion
equal to half of their pay reflectively, and all commiffioned officers as aforefaid, who
fhall not have been difabled in fo great a degree, be allowed a yearly penfion which
fhall correfpond with their degree of difability, compared with that of an officer
wholly difabled : That all non-commiffioned officers and privates within the aforefaid
defcription, difabled in the fervice of the United States, fo as to be wholly incapa-
ble of military or garrifon duty, or of obtaining a livelihood by labor, be allowed a
fum not exceeding five dollars per month \ and all non-commiffioned officers and pri-
vates as aforefaid, who fhall not have been difabled in fo great a degree, be allowed
fuch a fum as fhall correfpond with the degree of their difability, compared with that
of a non-commiffioned officer or private wholly difabled. 1
IV. And be it further enabled, That the infpe&ors appointed by this act, fhall The irfpeflors
11 1 • 1 17 1 <• 1 -r r • appointed by
examine all claimants, and report whether the perion producing a certificate, letting tnjS a^ to
forth that he is an invalid, be fuch in fact, and, if fuch, to what pay he is entitled
mine a;
exa-
:laim-
ants, and make
and report thereof
to the governor
* The military penfions heretofore, paid by the refpective States, in purfuance of acfts of the United States, and council,
arc provided for by a<ft of congrefs, paffed 20th September, 1780, and by fublequent acts.
328 DIGEST OF THE
A. D. 1786. and thereupon the infpeclors {hall give to the invalid a certificate, fpecifving to what
No. 32.6. pay }ie is entitled, and tranfmit a copy thereof to the governor and council, who
fhall receive and record the fame.
The p-overnor V. And be it further enabled) That his honor the governor, do iffue his warrant on
to draw war- {foe treafurer, in favor of fuch commiffioned officers, non-commiffioned officers, and
fuch perfons ex- privates, for the fum or fums to which they fhall be refpe£tively entitled, agreeably
ccpt tbofe who tQ the before mentioned certificates; the faid payment to be deducted from the
have received . , , . ._- r;
commutation, quota of this State, in the requisition of congrefs for the year on which they fhall be
made: Provided, That no officer who has accepted his commutation for half pay
fhall be entered on the lilt of invalids, unlefs he fhall have firft returned his com-
mutation.
Invalids capable VI. And be it further enabled. That fuch invalids, under the aforefaid defcription,
howTo be em- as are citizens of this State, and are capable of garrifon duty, may be formed into
ployed. corps, to be employed in guarding military ftores, aiding the police, or otherwife,
as his honor the governor may direct ; when fuch invalids fhall be formed into corps,
there fhall be quarterly returns, comprehending the pay, age, difability, regiment,
fhip, or corps to which they feverally belonged, made out and figned by their com-
manding officer, and tranfmitted to the governor and council, who fhall iffue warrants
for their pay according to faid return.
Oathtobe taken VII. And be it further enacted by the authority aforefaid, That all invalids, as well
by invalids an- th0fe formed into corps as thofe who are not, fhall annually apply themfelves to a
magiilrate of the county in which they refide or may be Rationed, and take an oath,
Form thereof, on which the magiftrate fhall grant the following certificate^ viz. " A. B. came before
" me, one of the juftices for the county of in the State of Georgia,
" and made an oath, that he was examined by , appointed
" by the faid State for that purpofe, obtained a certificate or had his certificate
" examined and counterfigned, fetting forth, that he had ferved in
" , that he was difabled by and that he now lives
u in the State of Georgia, and in the county of :" The
affidavits, drawn according to the above form, and dated and attefted by a magiftrate,
fhall be fent by the faid magiftrate to the fecretary of the State, who fhall receive and
record the fame ; and a counterpart of the affidavit fhall be preferved by the perfon
taking it,, to be exhibited to the governor and council.
WILLIAM GIBBONS, Speaker..
A-uguJlci) February 13, 1786. .
No. 317. An Ordinance to appoint fome perfon therein to be named, , to digejl and arrange all the laiuf!.
and ordinances paf in. this State, before or Jtnce the revolution,.
February 13, 1786.
Obfolete..
An
LAWS OF GEORGIA. 329
An Acl to amend an aft for afcertaining the qualifications neceffary for the admiffion of A. D. 1786.
attornies, folicltors, and proclors in this State. No. 328.
February 13, 1786.
Repealed by alt of 1789, No. 421.
An Acl to obtain an account of all the white and other inhabitants of every age, fex,.and No. 329.
condition within this State.
February 13, 1786.
Obfolete.
An Ordinance for vefing in Chrijlian Tonge, the widow of Henry Tonge, fenior, and No.. 33c
his two daughters Ann Agnes Tonge, and Elizabeth Tonge, certain property therein
mentioned.
February 13, 1786,
Private.
An Acl to impofe a tax on the inhabitants of the State of Georgia, and other perfons hold- No. 331.
ing property real or perfonal therein for the ufe and fupport of the government thereof,
from the firfl day of January to. the thirty-firji day of December, one thoufand fey en
hundrtd and eighty-fix.
February 13, 1786.
w
An Aft to appoint agents* to defend the rights of the State of Georgia No. zr-
to certain territories, claimed by the State of South Carolina.
HERE AS the legifl.iture of the State of South Carolina did prefenta petition, Claims of South
dated the twenty-fourth day of March, one thoufand (even hundred and lands lying- be-
eighty-five, to the United States of America in congrefs aflembled, dating, that they tw«en theNorth
,1-1 1 "xt ' 1 /-1 v i- 1 • 1 Carolina line,
did claim the lands lying between the North Carolina line, and a line to be drawn due and a weft line
weft from the mouth of Tugalo river to the MiffiiTippi, becaufe, as they contend the fl'°™ the .mo.uth
o rr ' ' ' 01 1 ii^aJo river
river Savannah lofes that name at the confluence, of Tugalo and Keowee rivers, coa-"tocheMifliflipp-
fequentlv that fpot is the head 01" Savannah river : Alfo the lands lying between a line And to' the laud
drawn from the head of Saint Mary's to the head -of the Alatamaha rivers, the Miffif- [^"dra^fm!
fippi river, and Florida, as being within the limits of its charcer,. and not. annexed to the head of St-,
the State of Georgia ; and praying that a federal court might be appointed to hear and headofthe Aiu-
determine the difpute and difference between the faid two States relative to the faid tamaba rivers,
1 , 1 • 1 r r 1 1 i-i .the Mffliflippi,
territory, agreeable to the articles or contederation and perpetual union between the andtheFloridas,-
United States of America : And whereas, the faid United States in congrefs aflembled, *
by an acl of congrefs dated at.New York, the firft day of June, one thoufand feven
hundred and eighty-four, did. notify to the legiflature of the State of Georgia, that
they had afligned the fecond Monday in May next for the appearance of the faid States
T t of;.
* €ommiffioners appointed by ad of 1787, No. 370, .
a
33°
DIGEST OF THE
A. D. 1786.
No. 3;, 2.
Agents named
and appointed
to defend and
verify the rights
and jurifdiclion
of this State to
the faid territo-
ry, agreeably to
the articles of
confederation.
Veiled with full
power over the
neceffary re-
cords.
of Georgia, and South Caroling by their lawful agents, to proceed in the premifes t
Now, that the juft rights and jurifdiction of this State to the territories claimed by the
State of South Carolina, in their petition above recited, may be properly verified, and
fuch proceedings be had in the premifes as the faid articles of confederation, and per-
petual union direct : Be it ena&ed by the reprefe?itatives of the freemen of the State of
Georgia in general affembly met, and by the authority of the fame, That the honorable
William Houfloun, George Walton, and William Few, Efquires, be, and they are
hereby appointed agents for this State in the difpute and difference aforefaid on behalf
of this State, and they the faid William Houfloun, George Walton and William Few,
or any two or more of them, are hereby fully authorized and empowered to appear and
reprefent this State before the United States in congrefs affembled, on the fecond
Monday in May next, and at all fuch other times and places as they may thereafter di»
reel:, and appoint, and, by joint confent, with the agents or commiffioners for the
State of South Carolina in this behalf appointed, to nominate and agree upon fuch
perfons as they may think proper to be commiffioners or judges to conflitute a federal
court finally to determine the difpute and difference aforefaid between the faid States ;
and if it fliould fo happen that the faid agents herein before mentioned, or anyone or
more of them, and the agents or commiffioners on this behalf appointed by the State
of South Carolina cannot agree in the choice of perfons fo to be appointed commiffi-
oners or judges to form a federal court as aforefaid, then the faid agents herein before
appointed, or any one or more of them, {hall, and they are declared to have full
power to name proper perfons for that purpofe to be ftruck and commiffioned by the
United States in congrefs affembled, according to the form pointed out by the confe-
deration and perpetual union of the faid United States, and to appear before the faid
court when legally appointed and convened, there to defend and vindicate the rights
and jurifdicTions of this State, taking all due and lawful ways and means in their power
that the final iffue of the faid difpute and difference may be fuccefsful for this State ; for
ivhich purpofe they are hereby authorized and empowered to employ and engage all
fuch council learned in the law, and all fuch folicitors, as they may think proper and
neceffary on the trial, and in profecution of the claim and right of jurisdiction of thia
State to the territories in queftion, hereby confirming and eflablifhing whatever they
the faid agents, or any one or more of them, {hall or may lawfully do, on behalf of
this State, in the premifes.
II. And be it enacled by the authority aforefaid, That the faid agents herein appointed,
or any one or more of them fhall, and they are hereby declared to have full power,
and are hereby required to examine the records of this State, and take and carry
away, fo that they may be produced at the trial, all fuch original papers and records
as they may think proper, authenticated under the great feal of this State, or fufE-
cient authenticated copies of the fame, exemplified as aforefaid, as they may deem
proper to be given in evidence on the faid trial; and the officers keeping fuch offices
are hereby required to furnifh the faid agents, or any of them, with the fame,
when called for, without fee or reward.
WILLIAM GIBBONS, Speaker.
Augufla, February 13, iySd.
An
LAWS OF GEORGIA, 33,
An Ordinance for appointing agents to reftde in the Indian nations. A. D. 1786.
February 13, 1786. No. 333.
Repealed ly acl of 1 787, No. 381.
An Atl invefing the United States, in Congrefs affembled, with a power to levy for the No. 334.
ufe of the United States, certain duties upon goods imported into this State, from any
foreign port, if and, or plantation^
February 13, 1786.
Obfohte.
An Acl for laying out a road from Sunbury to the feat of goverttment, and from thence to No. 335.
Wafh'mgton in Wilkes county.
February 13, 1786.
It is deemed unneceffary to infert this aft as the power of efiabliflnng and altering public roads ■
has been vefed in the courts of the feveral counties.
** An AH for improving the navigation of Ogechee river from Fort No 33*'.
Argyle to the Big Falls of faid river,
E it enacted by the reprefentatives of the freemen of the State of Georgia in general inhabitants
a/Tembh met, and by the authority of the fame, That all male inhabitants be- within3mdesot
JJ J ' ■* .. the river Ofe-
tween the ages of fixteen and forty-five, refiding within feven miles on either fide chee from Fort
from Fort Areyle to the Big Falls (hall be, and they are herebv declared and made ^rgl!e„t0,. \h,e
' ° ' / Big Balls liabie
liable to work on Ogechee aforefaid, for the purpofe of clearing and making good to work on the
the navigation thereof, at fuch time and in fuch manner as the commiflioners herein e'
named, or a majority of them, fhall think beft and mod effectual for carrying the
purpofes of this act into execution: Provided always, That no perfon refiding within Provifb.
the limits aforefaid fhall be obliged to work more than twelve days in a year, nor
longer than three. days in one week.
II. And he it further enabled, That any* perfon made' liable to work by this acl; as Perfonsrefufirig
aforefaid, who fhall neglect or refufe to comply therewith after due notice given, omegkaingto
(hall forfeit- and pay a fum not exceeding three (hillings fpecie for each day he (hall f-ne% '
be abfent when required to labor as before mentioned: And in cafe the mailer,
owner or manager of any flave living within the aforefaid limits, fhall neglect to .
fend fuch flave when lawfully called on, at fuch lime- and place as the commitfioners, -
or a majority of them fhall appoint, to work on Ogechee river as aforefaid, fuch
mafter or owner fhall forfeit and pay a fum not exceeding three (hillings for every -
day his or her flave fhall be abfent when called upon as aforefaid,. unlefs an excufe
to. the fatisfaction of a majority of the commiiTioners be made. .
III. -
* So much of this act as refpects the river within Effingham county, re- enacted with -akeratioos by •_.
££lof 1793, No. 481.. .
332 DIGEST OF TH'E -
A. D. J 786. HI. And be It further enacled by the authority aforefaid, That the commiflioners
No. 336- appointed by virtue of this act, or a majority of them, in their refpective diftricts,
Comnuliioners fna]j }lave fu]j power anc} authority to divide the inhabitants within their feveral
and overleers, . , . . r ;
theirpowersanJ diftricls into companies, and to appoint overfeers in faid companies, whofe duty it
cu!>' fhall be to give three days previous notice to the inhabitants when required to work
011 faid river as aforefaid, to fee the bufinefs compleated, and to make returns to
the faid commiflioners of all defaulters within their refpective companies ; and in
cafe, any perfon appointed an overfeer under this act, after having accepted his
appointment, fhall neglect or refufe to execute the duties thereby impofed, every
fuch overfeer fhall forfeit a fum not exceeding forty fhillings fpecie to be recovered
and applied as herein after directed; Provided, That the faid overfeer "fhall not be
obliged to continue in office more than twelve months from the acceptance of his
appointment.
Fines how to be IV. And be it further enabled by the authority aforefaid. That the commiflioners
herein named, or a majority of them, in their refpective diftricts, fhall have full
power and authority to cite any perfon or perfons' who fhall incur any of the penalties
herein inflicted, by their warrant or fummons directed to a conftable within the
diftrict wherein the defaulter fhall refide, with notice for fuch defaulter to appear at
fuch reafonable time and place as they may appoint, and on the day fo appointed
proceed to hear and determine thereon agreeable to the directions of this act, and
upon conviction fhall iflue execution, directed to any conftable 'as aforefaid, to levy
the faid fine, together with all lawful cofts on the offenders goods and chattels, and
after fifteen days public notice, fell and difpofe of the fame, until the faid fine and
cofts are fully fatisfied, any law of this State to the contrary thereof notwithftanding.
To be applied V. And be it further enacled, That the monies arifing by fines as aforefaid, fhall
the navigation ^e paid, into the hands of the commiflioners within the diftrict where the fame is
of the faid river, collected, who fhall apply the fame to the forwarding and compleating the navigation
of the faid river within the diftrict.
The commiffi- VI. And be it enabled By the authority aforefaid, That the perfons herein named fhall
and^appohned. ^e» an^ tney are hereby declared commiflioners * for the feveral diftricts herein
after mentioned, viz. from fort Argyle to Belcher's mill creek, Ifrael Bird, Oliver
Bowen, and Thomas M'Call ; from the mouth of Belcher's creek to the mouth of
Horfe creek, Benjamin Lanier, Luke Meazel, and William Cone ; from the mouth
of Horfe creek to Triplet's ferry, Lemuel Lanier, Drury Jones, and John Diens,
fenior ; from Triplet's ferry to the bridge at the Pine Log, Roger Lawfon, Patrick
Carr, and James Stubbs ; and from the bridge at the Pine Log to the Big Falls,
Arthur Fort, John Ledbeter, and Zacharias Fenn ; and they are hereby fully inverted
with all the powers intended by this act to be given to them as commiflioners
aforefaid.
Vacancies how VII. And be it further enacled, That if by death or refignation, it fhall be impof-
to be failed. £kje t0 form a majority of the commiflioners aforefaid, then his honor the governor
and executive council fhall appoint other fit perfons near Ogechee river aforefaid to
aft
* Other commiflioners appointed, empowered to hire labcrers, and money advanced. See ad of 1790, No. 443.
LAWS OF GEORGIA,
333
a<& as commiflioners, who (hall on their appointment be veftecl with all the powers
hereby given to the commiffioners herein named.
VIII. And be it further enacled, That if any perfon or perfons fhall fell any tree
or trees in the faid river, and leave them in fuch fallen condition, fo that the fame
may tend to obftrudr, and impede the navigation aforefaid, they fhall for every fuch
offence forfeit and pay a fum not exceeding five pounds, to be recovered and applied
as the other forfeitures incurred by this a£t.
WILLIAM GIBBONS, Speaker.
February 13, 1786'.
A. D. 1786.
No. 336.
Perfons falling
trees in the faid
river fubje& to
fine, to be reco-
vered and ap-
plied in like
manner.
An Ordinance to eftablifh a ferry betiveen the ijland of Skidatvay and
the ifle of Hope-, in the county of Chatham-, and for other, purpofes
therein mentioned.
WHEREAS it is abfolutely neceffary for the intereft and convenience of many
of the citizens of this State, that a ferry fhould be eftablifhed between the
ifland of Skidaway and the ifle of Hope in the county of Chatham,
I. Be it therefore ordained by the freemen of the State of Georgia in general ajfembly met,
and by the authority of the fame, That the following perfons, to wit, William Stephens,
John Milledge, Charles Odingfells, James Bullock, and Seth John Cuthbert, be, and
they are hereby appointed commiffioners to eftablifh a ferry between the faid ifland of
Skidaway and the ifle of Hope, at fuch convenient place or places as they may think
moft conducive to the purpofes of this ordinance-, and to rent a quantity of land,
not exceeding five acres, on each fide of Skidaway river ; to agree and enter into con-
tract with a fit perfon or perfons for keeping the faid ferry, and to eftablifh the rates
of ferriage thereat j and further, that, in cafe the proprietor or proprietors on each
fide of the faid river at fuch place or places as the commiffioners fhall deem expedient
to eftablifh the faid ferry, fhall not incline to rent a quantity of the fame not exceed-
ing that before mentioned^ at any or at a reafonable price, then the faid commiffioners
or a majority of them, fhall, and they are hereby authorized and empowered to have
the rent of the fame valued by three freeholders of the vicinage, which valuation or
appraifement fhall be paid yearly to the proprietor or proprietors of the fame by fuch
perfon or perfons as the faid commiffioners fhall think proper to eftablifh as the keeper
or keepers of the faid ferry ; and laftly, thefe powers fhall be veiled in the faid com-
miffioners, or a majority of them, for the term of five years from the palling of this
ordinance and no longer.
II. And be it further ordained by the authority aforefaid, That a ferry fhall be efta-
blifhed at M'Gowan's old ferry on Savannah river, about a mile above the Coldwater
creek j alfo a ferry at Seneca old town on Keowee river ; alfo a ferry at the mouth of
Choga creek ; and the faid ferries fhall, and they are hereby put under the fame re-
•ftrictions and regulations as the other ferries on Savannah river.
III.
No. 337.
Preamble,
Enacted.
Commiffioners
appointed to e-
ftablifh a ferry-
between the
ifland of Skid*
way and the ifle
of Hope.
A ferry elraSHflied
at M'Gowan's old
ferry on Savannah
river.
AtSeneca old town
on Keowee river.
And at the mouth
of Choga creek.
Under lite reftric-
tions as cither fer-
ries on Savannah
river.
334
A. D. 1786.
No. 337.
At Reed's bluff on
the Alaramaha un-
der the lame rega-
Lit ions.
Veiled in George
Handle andChrif-
topher Hillary.pro-
prietors of the bluff
No. 33%
DIGEST OF THE
III. And be it further ordained by the authority aforefaid, That a ferry fhall be eflab-
lifhed at Reed's bluff, on the Alatamaha river, under the fame reftri&ions and regu-
lations as thofe eftablifhed on Savannah river, and the right of the fame is hereby
veiled in George Handley and Chriftopher Hillary, the proprietors of the faid bluff-
WILLIAM GIBBONS, Speaker.
Augujla, February 13, 1786.
Donations fub-
feribed in this and
the Srate i>f South
Carolina . vefle d in
cummifliuners ai.d
their iucceflors to
be recovered and
applied towards
Opening the Sa-
vannah river !rora
Rae> creek to Tu-
gola old town, and
15 miles up Broad
river.
Annual returns
of their proceed-
ings to be made
to the governor
and council.
Perfons em-
ployed in the
work empow-
ered to fell trees
and dig any
banks neceffary
to carry on the
fame.
A' lock to be placed
at the lower falls
after the river is
fo c!e.ir»d4 and
of5s per hog (head
to be paid on to-
bacco ut South Ca-
rolina, unlets
made by a fub-
fcriber.
The commiffr-
oners named
and appointed.
* 'An. AH for improving the navigation of Savannah riverfront Raeys
creek to the mouth of Tugola, and up that river to Tugola Old
Town.
I. IL III. IV. V. VI. VII. T) ELATING to a fpecial tax, repealed by ad of 1787,.
XV No. 359.
VIII. And whereas, large donations have been fubferibed, as well in this State as
by perfons of South Carolina, for carrying into effect this very defirable purpofe, Be
it enacled, That any fum or fums of money heretofore, or which, may hereafter be
fubferibed, is and are hereby declared to be veiled in the faid commiffioners and
their fucceffors, who are hereby authorized,, on default of payment, to fue for and
recover -the fame 5. which monies fo raifed by fubfeription, as alfo what may be
had by afleffment, iliall be applied to the fole and only purpofe of opening the river
Savannah from Rat's creek afcrefaid to Tugola old town, and Broad river for fifteen
miles up the fame ; and the faid commiffioners (hall hire artificers, or perfons fkilled
in cleaning rivers, to do the fame on the befl and mod reafonable terms that they
can, and {hall, on the firft day of February in every year, make a regular return to
the governor and council of their proceedings, and o£. all monies by them received,
and expended in the execution of this act.
IX. And ivhereas in carrying on the faid work, there may- be frequent occafions
to fell and make ufe of fome of the adjacent trees, Be it enabled,. To prevent all
damages which might otherwife arife, that. the faid- commiffioners, or thofe employed i
by them as aforefaid, may lawfully and without interruption fell any trees, or dig.
any bank, where neceffary to carry on this important work.
X. Refpecting affeffments of adjacent lands alfo repealed..
XI. And be' it alfo enabled^ That after the. river Savannah fhall be fo; cleared as
aforefaid',. a lock fhall be placed at the lower falls, and a contribution of five fhillings
per hogfhead be exacted for all tobacco brought down the faid ftream, the growth of
South Carolina, unlefs the- (aid tobacco fhall have been made by a fubferiber, or his, ot-
her heirs,, and who fhall- have paid the fame towards clearing the faid river.-
XII. And be it further enabled, That Benjamin Cleveland^ William Mofs, Hoi-
man Freeman, Leonard Marbury, and Seaborn Jones, Efquires, fhall be, and they are
hereby appointed commiffioners for the purpofe of carrying |his act into execution,
WILLIAM .GIBBONS, Speaker,
Atigufa, February 1 3 ,.- 1 7 86. :
* Lottery authorized for improving the navigation from Avfgufta to Lightwood-log creek and Broad river,
hy act of 1.796, No. J J 8.
LAWS OF GEORGIA. 33-
Jn Acl to continue an acl to authorize the auditor to liquidate the A. B. 1786.
demands of fuch perfons as have claims againjl the conjifcated No' 339'
e/lateS) and for other purpofes therein mentioned*
I. ir'W THERE AS the act entitled " An a£l to authorize the auditor toliquidate Preamble.
^ Y the demands of fuch perfons as have claims againft the confifcated eftates,
and for other purpofes therein mentioned," and the period therein laid down for the
liquidating and receiving fuch claims is expired, and by reafon of the great diftance
of the auditor from certain parts of the State, the claims therein intended to be
liquidated have not been prefented, and the principles of juftice require the time Ena&ed.
(hould be prolonged, Be it enaEled by the freemen of the State of Georgia in general T^ tmV- lim^-
ajfembly met, and by the authority of 'the fame ', That the faid acl (hall be, and the fame tor's liquidating
is hereby declared to be in full force fo far as relates to the auditor's liquidating debts .?/ tafa'nf
therein mentioned againft the confifcated eftates for the term of nine months after tates. prolonged
the parting this act, and the faid auditor fhall govern himfelf in fuch liquidations as ^date^/this
he was ufed and directed by and under the faid forementioned act. a<ft.
II. And be it further enacJed. That all claims of what nature foever apainft this ah claims againft
•l ' O this State prior to
State, prior to the eleventh day of July, which was in the year of our Lord one 'J,^,^,';, X1\i
thoufand feven hundred and eighty-two, and which will not gain us credit at the continental* treh-
continental treafury, fhall be brought in to the faid auditor for liquidation within ^rc." b£t(a- ethe
nine months after paffing this act, or fuch claimants thereafter in default thereof3 fild "ine roon~!!!-
to ftand for ever barred and precluded therefrom.
III. And whereas it appears that the auditor in fettling fome of the accounts of
the officers of the line of this State, admitted charges which were not allowed by
the continental commiflioner on the final fettlement made by him, and which faid
charges unlefs rectified will be a lofs to the State, Be it enafted, That the auditor Improper
be directed to make out a juft ftatement of all accounts wherever charges have been by*'f« anSfcor
made, and that the faid auditor be authorized and required to call on fuch officers how, to bc
to return the balance that fhall appear to have been overpaid, and in cafe any officer
fhall neglect or refufe to fettle with the faid auditor, he is hereby required to
return an account of the amount which fhall appear to have been overpaid him to
the attorney general, who fhall fue for and recover the fame on behalf of the State,
and the account rendered him by the auditor on oath, fhall be admitted in evidence :
And the faid auditor is alfo directed to furnifh the public treafurer with a copy of
of the ftate of every officer's account where an overcharge hath been made, that
he may make the neceffary ftoppages, and that juftice may be done to the State.
IV. And be it further enaBed> That the governor and council be requefted to order T4jebooksano «■
all the books and papers of former auditors which are now at Savannah, to be p<*' soffbrmer.au-
r r ' ditorsto be taken
brought forward as foon as poffible, and deliver to the auditor, who is hereby required r"„c„headrgbe a"ifea„;
fettle-
tfce
to examine and arrange the fame in order for fettlement with the commiffionerof jjjj^j. ^d;
accounts for this State, and, alfo to compare faid books and the accounts therein accDtmiSi<atdoffi^
raifed againft the officers of this State, who have formerly received monies with the ce[vedmont«.re"
accounts delivered to him by fuch officers, and his fettlement thereon; and if any
error
336
DIGEST OF THE
A. D. 1786.
No. 339.
The auditor re-
quired to make
report to the ex-
ecutive of certi-
ficates and ad-
vancesto the of-
ficers of the
Georgia line.
Six months fur-
ther allowed to
audit treafury
loan office cer-
tificates under
direction of the
governor.
The fherifTs
vefted with all
the powers of
commiffioners
of confifcated
eftates within
their refpective
counties,fubjecT:
to direction of
the executive,
and to receive
like fees.
No ixtereft al-
lowed on any
debt from the
29th Dec. 1778,
tp nth July,
1782.
Citizens in eo-
partnerfhipwith
perfons named
in the confifca-
tion act, to
whom debts
were owing,
veiled with full
rower to fue for
and recover the
fame.
And to take the
real eflate into
poffeffion.
Provilo.
error mould appear, to report the fame to the executive, who are required to take
fuch meafures as will moft effectually do juflice to the State.
V. And be it enabled by the authority afore/aid, That the faid auditor be directed to
report to the executive the iffues of certificates from his office to officers of the
Georgia line, and alfo what certificates may be in his hands of fuch officers refpeo
tively, purfuant to the liquidation of the commiffioner of the army on the part of
the United States, and alio any fum or fums that have been advanced by the State
to to any officer or officers to whom certificates have not been ifTued by him.
VI. And be it further enabled, That all treafury loan office certificates of this State
that have not been delivered to the auditor for liquidation, purfuant to an act of
afTembly in that cafe made and provided, (hall be delivered to the governor and
council, with evidence fufficient to evince that the holder thereof had not informa-
tion of faid act, or that fome unavoidable circumftance prevented their conforming
thereto, and if the executive do certify the fame to the faid auditor, he is hereby
required to audit the fame agreeable to the aforefaid act ; Provided only that fuch
loan office certificate or certificates are delivered to the executive within fix months
from the date of this act.
VII. And be it enabled by the authority aforefaid, That each of the fherifTs of the
different counties fhall be, and they are hereby each of them veiled with all the
powers of the commiffioners of confifcated eftates, and have authority to do and
perform every act and thing within their refpective counties, that the faid commif-
fioners might or could do by virtue of the powers heretofore vefted in them, fuh-
ject to the orders and directions of the executive, for which fervice the faid fheriffs
fhall be entitled to receive the fame commiffions and fees that the faid commiffioners
were entitled to.
VIII. And be it enacted, That no intereft fhall be demanded or received on any
debts whatever from the twenty-ninth day of December, one thoufand feven hun-
dred and feventy-eight, until the eleventh day of July, one thoufand feven hundred
and eighty-two.
IX. And be it further enabled, That any citizen or citizens of this State, or any
other of the United States, who was or were concerned in trade or copartnership
with any perfons named or comprehended in the act of confifcation and attainder to
whom debts were due and owing, fuch remaining or furviving copartner or copart-
ners in whofe hands or poffeffion the bonds, notes, or books of account may be, fhall
and they or either of them are hereby vefted with full power and authority to act,
demand, fue for and recover all debts of every nature and kind whatever that was or.
may be due or may become due to fuch concern or copartners or others ; alfo to
demand, fue for, and take into poffeffion any lands or other real eftate in which the
concern was interefted, or had a right : Provided neverthelefs, and be it enabled f That
all fuch furviving or remaining copartners, or others of the aforefaid defcription,
fhall deliver to the clerk of the county where he or they may refide, a full and exact
account on oath of all the notes, bonds and other debts due, or that may become
due to fuch concern or copartners as aforefaid, and fhall , give bond and fecurity in
double
LAWS OF GEORGIA.
337
double the amount thereof, to pay into the treafury at the end of every fix months
fuch part as he or they may have at that time received, that was due ; the perfon or
perfons whofe eftates were confifcated as aforefaid, for which the faid furviving or
remaining copartner or copartners (hall receive out of the monies fo collected, feven
and an halt per cent.
X. And be it further enabled. That all debts due and owing to any perfon or per-
fons named or comprehended in the faid acl: of confifcation, for the payment of
which, or any part thereof, any citizen or citizens of this State, may be jointly
bound by any bond, note, covenant or contract;, fuch citizen or citizens fhall pay
only his, her, or their (hare or quota of fuch debt to the treafurer, who fhall give
a fpecial receipt for the fame.
XL And whereas there are a number of perfons who have demands againft the
confifcated eftates and this State, which are not yet fettled and adjufted, and it is
but juft and reafonable fuch perfons fhould have an opportunity of paying in the cer-
tificate part of their purchafes of confifcated property, Be it therefore enacted by the
authority afore/aid, That certificates for fuch demands fhall be receiveable at the
public treafury, in payment of the certificate part of bonds given for faid property,
for and during the term of nine months from the date of this acl:.
WILLIAM GIBBONS, Speaker
Augujla, February 13, 1786.
A. D. 1786.
No. 330.
Such remaining
copartners flail de-
liver in to the
clerk's 1 flicean ac-
count of all bonds,
notes, etc. due or
to become due, and
give bend and fe-
curity to pay into
the treafury the
proper proportion
of all monies reco-
vered.
Citizens jointly
b mnd in any bond
etc. due to perfons
comprehended iu
the adt of ci nfifca-
tion to Day their
proportion to the
treafurer.
Further time of 9
months allowed
for payment of the
certificate part of
purchafes of con-
fika:ed property.
An AH to authorize the delegates of this State in congrefsy to fubferibe and ratify an alter-
ation of the eighth article of the confederation and perpetual union.
February 13, 1786.
No. 340.
An Atl diretling the appointment of delegates to reprefent this State in the congrefs of No. 341.
the United States.
February 13, 1786.
Obfolete.
An Atl for the better regulation of the diflricls for holding courts of confeience.
February 13, 1786.
Obfolete.
No. 343-
An Atl to provide for the payment of the quota of this State on pafl requifitions of con-
grefs, for which no provifion has been made by law.
February 13, 1786.
Obfolete.
U tt< An
No. 343.
333
DIGEST OF THE
A. D. 17S6. j{n jff f0 repeal fome part of the fuperior court act, and other purpofes
therein mentioned.*
No. 344.
There fhall be
four affiftant
iufticcs in each
county.
Their powers
Writs and other
proceTs to be
figned and ilTu-
ed by. the clerk.
Clerical mis-
takes not affect-
ing the real me-
rits, to be amen-
ded on motion.
Execution* may be
levied on ttie pro-
perty or |u?i Ton of
the party calt un-
til the amount is
farisfied.
On entering ft-ru-
rity for day of levy
cods to be paid.
The lame to be en-
tered within ten
days after judg-
ment, which (hall
bear interelt until
latisfied.
TlietfiWboffiich
ferurity lubject in
like manner as
other debtors.
Minutesofcourt
to be figned by
the court before
adjournment.
Clerks to give
bondandfecuri-
ty for £2,000.
No '•oOs of any ac-
tion in the f iperior
fpecial court fhall
before judgment
exceed 3I. how to
be apportioned.
So much of the
fuperior court
a tit or any other
as is contrary to
this act, re-
pealed.
E it enabled by the reprefentatives of the freemen of the State of Georgia in general
dffembly met, and by the authority of the fame, That from and after the paffing of
this act, there (hall be four affiftant juftices in each county, whofe powers (liall be
equal in tranfafting public bufinefs, and they or a majority of them, are hereby fully
empowered to continue, each feffions of the fuperior court, in the refpedtive counties
to which they belong, for any term not exceeding twenty juridicial days.
II. And be it enabled by the authority afoiefaid, That all writs and procefs returnable
to the fuperior court, of a civil nature, fhall be figned and ilTued by the clerk of the
county where fubject to be tried, who fhall ftate the nature of the plaintiff's complaint,
allegation, or demand, in the fummary way pointed out by the fuperior or circuit
court act, to which no exception fhall be allowed or taken ; and any clerical miftake
or omifficn, not affecting the real merits of the cafe, may be amended, on motion
in court before trial, without any additional cofts.
III. And be it enabled by the authority afore/aid, That the clerks of the refpective courts
fhall make out, fign and iffue executions, under their hands and feals, for all debts or
damages recovered in the faid courts, which may be levied on the property, or perfon
of the party call, in any county of this State, until the amount thereof is fatisfied ;
and in all cafes where fecurity fhall be given, with intent to ftay the levy of execution,
the cofts of fuit fhall be previoufly paid ; and the acknowledgment of fuch fecurity
fhall be entered in the clerk's books within ten days after obtaining judgment afore-
faid, which fhall bear intereft until fatisfied ; and the fecurity fo given, and his, her
or their effects, fliall be equally fubject with the firft debtor or debtors to fatisfy fuch
judgment, intereft, and (heriff's fees.
IV. And be it further enaEted by the authority aforefaidy That the clerks of the fupe-
rior courts fliall keep fair and regular dockets of the court bufinefs, which fhall be
figned by the prefiding judges on the bench, as far as the fame may be gone through,
prior to the adjournment : And the clerks of the fuperior courts fhall refpectively,
previous to their entering on the execution of their offices, give bend and fufficient
fecurity^ in the fum of two thoufand pounds, for the due performance of the truft
repofed in them.
V. And be it enabled, That no cofts attending any action in the fuperior or fpecial
court fliall before judgment exceed the fum of three pounds, which fhall be divided in
the following manner, that is to f.y ; fifteen (hillings to the chief juftice, fifteen
(hillings to the (heriff, twenty (hillings to the clerk, and ten (hillings to the attorney.
VI. And be it further enabled by the authority aforefaid, That all and every part of
the fuperior court act, or any other act or law of this State, now in force, which
fliall or may be contradictory or repugnant to the true intent and meaning of this act,
or any part thereof, dial be, and the fame is hereby declared to be fully repealed :
Provided^
* Repealed by act of 1789, No. 421.
LAWS OF GEORGIA.
339
Provided, that nothing herein contained fhall be conftrued to invalidate or extend to A. D. 1786.
the injury of any procefs or other writ already brought or depending in any of the fu- 544'
perior courts of this State,
VII. And be it enabled by the authority aforefaid; That the fenior juftice in each county The fenior juf-
fliall iffue his warrant, annually, to not lefs than feven of the iuftices of their re- t!Cie wn^ fiv,e
1 . J t others of each
fpecSHve counties, to meet at the place appointed by law for building the court houfe county empoiv-
and gaol, within thirty days after the adjournment of , the March circuit court ; and f^th* c"rcum-
the juftices fo fummoned, or not lefs than five of them, being met, {hall have full ftances of the
power and authority to enquire into the number and circumftances of the poor of the overfeers- - and
county, bind out orphans, and other children that have not a comfortable fubfiftence, bind out' °r-
or ability to procure an Englifh education, to fome mechanic trade, or other lawful a poor tax.
occupation, and appoint fit and difcreet perfons as overfeers of the poor ; and the
aforefaid juftices fhall have power to levy a tax, not exceeding fix-pence on every
hundred pounds value of all taxable property belonging to the refidents, in their re-
fpeclive counties, which fhall be collected by the fherifFof the county, in fuch man-
ner and way as the faid board of juftices fhall diretSt ; and, in cafe any perfon or
perfons fhall neglect or refufe to pay the aforefaid tax when thereunto required, it
fhall and may be lawful, and the fheriffs of the different counties are hereby required
to diftrain for the fame, in like manner as they would do in collecting the general tax,,
and fhall have the like commiftions therefor : And the moniesarifing from the afore-
faid tax mall be paid into the hands of the fenior juftice in each county, to be applied,
at the difcretion of the board of juftices, for the relief of the poor of the county, who
are not otherwife provided for by the legiflature ; and, in cafe a furplufage fhould J^e overplus,
remain in the hands of the fenior juftices after provifion made for the poor, the fame plied in keeping
fhall be laid out by the aforefaid board of iuftices in building and keeoin? in repair the court houi«*,
A yaols ckc. in
court houfes, gaols, pillories, and flocks, in their refpclive counties, and fuch build- repair.
ings and repairs fhall at all times be let to the loweft bidder.
VIII. And be it further enaElcd by the authority aforefaid, That if the fenior juftice The fenior juf-
fhall negelct to iffue his warrant as aforefaid, or fhall neglect or refufe to meet him- the fame to fo°-
felf, agreeable to this a£t, he fhall forfeit and pay for every fuch offence, the fum of fe" £*5> anii
five pounds with cofts of fuit, to be recovered in 3 fummary manner in the court of
confeience, which fhall be applied, to the fame purpofe as the tax to be levied under
and by virtue of this a£t.-
WILLIAM GIBBONS, Speaker..
Augufla, February 13, 17 86.
An Ac! to regulate the infpeclion of tobacco. No- 345-
Warehoufes to
be built.
IV. |3 E it enacled by the authority aforefaid, That, *** warehoufes fliall be built
JL3 at the feveral places hereinafter pointed out, that is to fay, in the fork In the fork Sa-
between Broad and Savannah rivers, by Dyonyfius Oliver ; at the town of Lincoln, r^rat
by Zachariah Lemar ; near Augufla, by Robert Watkins*; on Ogechee, near Galphin n^a^i"?0'*
old town by Solomon Pendleton ; 'and in or near Savannah, by Mordecai Sheftall y at ^.Galpllin M
the town of Hard wick by — ., XV
Near Savannah at
HarJwick. .
34°
DIGEST OF THE
A.D. 1786.
No. 345.
Infpeclors fhall
not fell other to-
bacco than the
growth of their
own plantations
and in that cafe
ill a 1 1 produce
certificate of
two or more in-
fpectors.
Perfons offend-
ing to be dif-
miffed from ail-
ing, and fined
not exceeding
£50, how to be
recovered and
applied.
XV. And whereas it is highly improper, that the fame perfon fhou Id be infpecto
and vender of tobacco, Be it enacted by the authority afore/aid, That no perfon to be
appointed infpector of tobacco by virtue of this act, (hall be allowed to fell tobacco
as aforefaid,- unlefs the fame fhall be of the growth and manufacture of his own plan-
tation or plantations, and then he fhall produce a certificate figned by two or more
of the infpectors to be appointed as aforefaid, of its being fo ; and any perfon who
fhall in violation hereof, on conviction before the fuperior court in which he fhall
refide, fhall be difcharged from acting as infpector ; and the faid court fhall proceed
to appoint another in his ftead, and the perfons fo offending fhall be liable to fine not
exceeding the fum of fifty pounds, which (hall be fued for and recovered in any court
of record in this State, and paid into the public treafury thereof; and the perfon or
perfons making information againft fuch offender, fhall be entitled to one half the
amount of faid fine.
All the reft revifed and re-enaBcd by acl of 1 79 1, No. 457.
WILLIAM GIBBONS, Speaker.
Augufla, February 14, 1786.
* This warehonfe is known by the name of " Calls," and was originally efrablifhed by refolution vefting an
exdufive right in Brown, foe a term of years.
0££&SKi
No. 346.
An Ac~l to vejl Congrefs with certain powers for the protection of commerce.
Auguft 2, 1786.
Rendered obfolete by the federal conftitution.
No. 347«
An Acl to admit Thomas Gibbons to plead and practice as an attorney in the fuperior courts
of law } in this State.
Auguft 2, 1786.
Private.
An Acl to admit certain perfons therein named, to the rights of
citizen/hip.
WHEREAS William Pengrie, Peter Donworth, Thomas Collier, Andrew
Atkinfon, Thomas Cole, and Francis Forbes have petitioned this houfe to
become citizens of this State, and did, at the fame time, produce good and fufEcient .
credentials of their honefty and integrity ; and this houfe being fatisfied of the au-
thenticity of the fame, Be it therefore enacted by the reprefentatives of the freemen of the
Perfons named State of Georgia in general affembly met, and by the authority of the fame ', That the faid
jfght^VViK William Pengrie, Peter Donworth, Thomas Collier, Andrew Atkinfon, Francis
zenfhp. Forbes, and Thomas Cole are hereby admitted to all and lingular the rights and pri-
vileges of citizenfhip, any law to the contrary notwithftanding.
WILLIAM GIBBONS, Speaker.
Augufla, February 13, 1 786.
An
No. 348.
Preamble.
Enacted.
LAWS OF GEORGIA. 34,
An AH for emitting the fum of fifty thoufand pounds* in bills of credit y A. D. 17860
and for eftablifhing a fundjor the redemption of the fame, and far " 349'
other purpofes therein mentioned,
WHEREAS the fcarcity of gold and filvcr money renders it neceffary to fup- Preamble,
ply the good people of this State with a medium of commerce of a ftaple
and folid nature, for want of which they already fuffer : And whereas there is a large
tract of unlocated land in this State, called the New Ceffion, which ought to be
pledged as a fund of credit, for relieving the public neceffities, and fupplying the
treafury at this time : Be it therefore enabled by the reprefentatives of the freemen of the Enacted.
State of Georgia in general ajfembly met, and by the authority of the fame. That bills of credit £50,000 in pa-
to the amount of fifty thoufand pounds (hall be prepared and printed with all poflible dkundei^direc-
difpatch after paffing of this act, on good paper, under the direction of the governor tion of the go-
and executive council; the charges whereof fhall be paid by the State treafurer out cil to be emitted
of the monies fo prepared and printed •, which bills of credit fhall be prepared in
manner and form following, viz.
" This bill fhall pafs current for according to an act of general Form of the
" affembly of the State of Georgia, paffed the day of Auguft, in the year of fame*
" our Lord, one thoufand feven hundred and eighty-fix ; dated the day
" of A. D. 1786.
II. And the faid bills fhall have the State arms as an efcutcheon in the margin thereof, The feveral de-
with fuch other devices as the governor and council fhall think proper, in order to ?h°nr""ftlons
prevent counterfeits, and to diftinguifh their feveral and refpedtive denominations;
which bills fhall be of the feveral and refpective denominations following, and no other,
that is to fay : Twenty-five thoufand fix hundred and forty-one bills of twenty (hil-
lings each — Twenty-five thoufand fix hundred and forty-two bills of ten (hillings
each — Twenty-five thoufand fix hundred and forty-two bills of five (hillings each —
Twenty-five thoufand fix hundred and forty-two bills of two (hillings and fix-pence
each — Twenty-five thoufand fix hundred and forty-two bills of one (hilling each —
And twenty-five thoufand fix hundred and forty-one of fix-pence each. And the Fit and proper
governor and council fhall ufe their bed care, attention and diligence, and appoint Perf°ns \° ^c
r r r r • i • • <- i • • i -n appointed to fu-
fit and proper perfons to fupenntend the prefs during the printing of the laid bills perimend the
that the number and amount thereof, according to the faid feveral denominations be pr, ' who£"a11
' o m take an oath.
not exceeded, nor any clandeftine or fraudulent practices ufed by the printer, his
fervants or others ; and that each of the perfons to be appointed as aforefaid to
fuperintend the prefs, (hall take and fubfcribe the following oath, before they enter
on the duties directed by this act : " I, A. B. do folemnly and fincerely fwear, that The form
" I will, according to the bell of my (kill and knowledge, faithfully, impartially and thcreof-
" truly difcharge the truft committed to me, according to the direction of this act."
III. And for perfecting the faid bills according to the true intent and meaning of
this act, Be it further enabled by the authority aforefaidt That the faid bills, the deno- The faid bills
minations
how to be fign-
ed.
* See aft of 1789, No. 410, to redeem the paper medium.
342
DIGEST OF THE
A. D. 1786.
No. 349.
Oath tobe taken
by the figfier.
Compcnfation
allowed the
fi^ntrs and fu-
perintendants.
B. ticks the guaran-
ty of the goveruur
and the faith of the
Stajle, the tcadt of
laud lately ce.led
lying hetwecn the
Alatnmaha, Qak-
jnuigee, and St.
Mary's rivers is
pledged and de-
clared to he a fund
to return the laid
bills of'credit with-
in four years.
A legal tender
in al! calls.
Shall be receiv-
ed by the trea-
furer and all o-
ther public offi-
cers as gold or
iilver.
Any perform
counterfeiting
the fame to be
adjudged a fe-
lon and fhall'
fiiifer death.
a
«
a
minations whereof {hall be ten (hillings and upwards, fhall be figned by any two of
the perfons to be appointed for that purpofe ; and that every of the faid bills, the
denominations whereof fhall be under ten {hillings, fhall be figned by any one of the
perfons to be appointed for that purpofe. And that the governor and council do
appoint the faid figners, who fhall before they receive or fign any of them, take an
oath to the effect following, viz.
" That they fhall well and truly fign and number all the bills of credit that fhall
come to their hands for that purpofe, according to the directions of this act. And
the fame fo figned and numbered will re-deliver, or caufe to be re-delivered into
the public treafury, purfuant to the directions of this act."
IV. And each of the faid figners fhall have ten (hillings for every thoufand of the
faid bills by them figned and numbered, and no more, and the perfons who fhall be
appointed to fuperintend the prefs, fhall feverally receive fifteen (hillings for every
day they fhall be employed in the faid bufinefs ; and the treafurer fhall counterfign
the faid bills, and fhall receive the fame as the other figners for fuch fervices.
V. And be it further enabled, That together with the guarantee of the honor and
faith of Georgia which is hereby given, all' that tract of land which was lately ceded
to this State, lying between the Alatamaha and Oakmulgee and St. Mary's rivers;
above the old Indian boundary line, fhall be, and hereby is pledged and declared to
be a fund, out of which the bills of credit aforefaid fhall be redeemed, and cancelled'
within the term of four* years by the fale of the faid lands, as a future general affem^
bly fhall direct, for the faid bills of credit, or gold or filver, and nothing elfe.
VI. And be it further enabled, That the bills of credit emitted by this act, be and
are hereby declared to be a legalf tender in all pafl and future bargains, contracts,
purchafes, agreements, dealings, debts, dues and- demands, according to the fum
fpecified in the faid bill, to be taken and received at the rate and value of four {hil-
lings and eight pence for every dollar, and fo in proportion for a larger or lefTer fum,
and of equal value in the payment of fuch bargain, contract, purchafe, agreement,
dealing, debt, due and demand whatever, with a Spanifh milled dollar, weighing
feventeen penny-weights and fix grains, and thirty-feven fhillings and four-pence of
the emiffion aforefaid, fhall be taken and received at the rate of,, or equal value to
one gold half Johannes of Portugal, weighing nine penny-weights, and in the like
proportion for all other gold or filver coin.
VIL And be it further enabled, That the faid bills of credit fhall be received, and
taken by the public treafurer, and all other public officers of. this State as gold and
filver, in all payments that are now due or owing, or that may hereafter become due
or owing to the State,, of what nature or kind.foever, at the rates aforefaid,. any law
to the contrary notwithstanding.
VIII. And be it further enabled, That from, and after the publication of this act, if
any perfon or perfons fhall, within this State or elfewhere, prepare, engrave, ftamp,
forge, or print the. counterfeit refemblance of any paper bills of credit which (hall
be.
* Time extended and the money continued to be a tender, by act of 1789, No. 410?
I Ceafed to be a tender after the 14th Auguft, 1790. See a& of 1789, No,. 410..
I
LAWS OF GEORGIA.
y
M
be iffued, emitted, and made in virtue of this act, or fhall counterfeit or fign the A. D. 1786.
name or names of the figners to be appointed as aforefaid, of the faid bills of credit No> 349-
to fuch counterfeit bills of credit, with an intention that fuch counterfeit bills of
credit fhall be pafTed in payment or received as genuine and good bills, whether the
fame be fo pafTed or received or not, or if any perfon or perfons in this State pafs,
pay, or tender in payment, any fuch counterfeit money, or deliver the fame to any
other perfon or perfons with an intention that they may be pafTed, paid, or received
as, and for good and genuine, knowing the fame to be forged or counterfeited, every
fuch perfon being thereof legally convicted in any fuperior court within this State,
by verdict of a jury or confeffion of the party offending, or being indicted thereof
fhall Hand mute or not directly anfwer to the indictment, or fhall peremptorily chal-
lenge more than the number of twenty perfons legally returned to be of the jury for
the trial of fuch offender, fhall be adjudged a felon, and fhall fuffer death without
benefit of clergy. And if any perfon or perfons fhall counterfeit any of the faid bills
of credit by altering the denomination thereof with defign to encreafe the value of
fuch bills, or fhall utter fuch bills, knowing them to be fo counterfeited or altered
as aforefaid, and fhall be thereof legally convicted in any court of record in this State,
fuch perfon or perfons fhall in like manner fuffer death without benefit of clergy.
Provided a/ways, That nothing herein contained fhall extend to work a forfeiture of Provifo.
the eflate or effects of fuch offender.
IX. And whereas, in and by an act of the general affembly, pafTed on the thirteenth
day of February laft, entitled " An act to continue an act to authorize the auditor '
" to liquidate the demands of fuch perfons as have claims againft the confifcated
" eftates, and for other purpofes therein mentioned." It is enacted, that any perfon
or perfons whatfoever of the defcription therein contained, fhall be at liberty to pay
into the treafury a rateable proportion of his or their debt or dues recovered under
the faid law, originally belonging to perfons being Britifh fubjects or adherents as
therein mentioned, but is not faid in what manner the faid payment may be made :
Be it therefore enabled, and it is hereby declared, That the true conftruction of the faid Perfons indelt>
in part recited act, fo far as refpects the matter above mentioned, fhall be, that the fuv,je°6is or ad-
faid payments fhall be made into the treafury in fpecie ; but in order to give a further herents, may-
credit to the paper medium, by this act directed to be flruck, It is hereby enabled, to the treafury
That the debts and dues or parts or proportions of debts and dues coming within the in the faid bills
defcription aforefaid, fhall or may alfo be paid into the treafury in the faid paper
money to be flruck under the prefent law, but in nothing elfe ; that is to fay, either
in fpecie or in the paper currency now intended to be emitted. Provided, fuch pay- pf0vifo.
ments be made at any time within nine months from and after the paffing of this act. be ma'ie^vfti.h/"
■ TirTT T T A T\/T r»TDDA\TO Ot 7 month? from tilt;
Augujlct, Augujl 14, 1786.
An AFt for admitting John Storr and others, to return to this State, To. 350.
Auguft 14, 1786.
Private*
An
344
DIGEST OF THE
A. D. 1786.
No. 351.
Preamble.
Enacted.
That the Union
Society in Sa-
vannah be in-
corporated .
Public set..
No. 35a.
Preamble.
An Act for incorporating the Union Society in Savannah.
WHEREAS William Stephens, prefident ; Leonard Cecil, vice-prefident;
David Montaigut, fecretary ; James Bullock and George B. Spencer,
ftewards; Mordecai Sheftall, Oliver Bowen, John Morell, Peter Deveaux, James
Haberfham, Jofeph Haberfham, Jofeph Clay, Frederick Herb, John Richards, Ben-
jamin Lloyd, James Fields, John Waudin, James Milledge, Samuel Stirk, Raymond
Demerie, and George Handley, have by their petition, reprefented that they are
members of the Union Society in the town of Savannah, in this State ; and that the
faid fociety has eftablifhed a fund, which is increafing for the relief of diftreffed
widows, and the fchooling and maintaining poor children, many of whom have, and
others are at prefent receiving affiftance from the faid fociety, and therefore pray to
be incorporated. And as the allegations in the faid petition are verified : Therefore
for promoting and encouraging focieties founded on benevolent principles, Be it
enabled by the reprefentatives of the freemen of the State of Georgia in general ajjembly mett
and by the authority of the fame t That the feveral perfons above named, and others
who now are and fhall hereafter be members of the Union Society in Savannah,
refpecuvely, and the fucceffors, officers and members of the fame, fhall be, and they
are hereby declared to be a body corporate, in deed and in name by the name and
ftile of the prefident and vice-prefident of the Union Society in Savannah, and by the
faid name, fhall have perpetual ' fucceffion of officers and members, and a common
feal to ufe, with power to make, alter, change and amend fuch bye-laws and regula-
tions as may be agreed on by the members of the faid fociety ; Provided fuch laws
be not repugnant to the conftitution and laws of this State. And that they have
privilege to fue for and recover all monies that now are or may be due the faid Union
Society, by any name or in any manner of wife howfoever, and the rights and privi-
leges of the faid fociety in any court to defend and to receive, take and apply all or
any donations for the ufes intended by the faid fociety, and fhall and hereby are
declared to be veiled with all the privileges, powers and advantages, rights and
immunities of a fociety of people incorporated for the purpofes intended by their
inltitution.
II. And be it further enafted, That this act fhall be deemed and taken as a public
act to all intents and purpofes whatfoever.
WILLIAM GIBBONS, Speaker..
Augujta-y Auguji 14, 1786^
Enacted,
An Acl to enable the trujiees of the Richmond academy to leafe out the-
commons of Auguflay and for other purpofes therein mentioned.
WHEREAS the clearing and cultivation of the flat lands fouthward of Augufta
will contribute much towards preferving the health of the inhabitants, as
well as add to the fupplies of the town: And whereas it is reprefented that the faid,
inhabitants are generally defirous that the commons fhould be leafed : Be it therefore-
enaffed.
LAWS OF GEORGIA.
4
34 f
enaBed by the reprefentatives of the freemen of the State of Georgia, and it is hereby en-
acted by the authority of the fame, That from and immediately after the paffing of this
act, it (hall and may be lawful for the truftees of the Richmond academy, to leafe out
any part, or the whole of the faid commons, in lots not exceeding five acres, for any
term not exceeding feven years, the rent of which to be confidered as part of the funds
of the faid academy.
II. And be it further enabled, That the faid truftees fhall be alfo empowered to lay
out, and fell the public land on the lower part of the town, in lots of any fize lefs
than an acre, upon fuch credit as they may deem proper ; as well as another row of
lots on the common to the fouth of, and adjoining the fame ; and that the fales of
lots heretofore made, of more or lefs than an acre, be confirmed. And the faid
truftees are hereby directed to proceed to fell again, all fuch lots as fhall not be com-
plied for, agreeable to act of affembly, within twelve months from the paffing of this,
and the exprefs terms of fale.
III. And be it further enabled by the authority aforefaid, That the faid board (hall
have power to carry into execution in the town of Augufta, the fame regulations and
powers as the commiffioners of the town of Savannah may lawfully do there ; and
that two members be added to the board of truftees for faid academy.
WILLIAM GIBBONS, Speaker.
Augufta, Auguft . 14, 1786".
A. D. 1786.
No. 35a'.
T'ic truftees o.f
Richmond acade-
my empowered to
leafe out tlie com-
mon of Au^nlta in
6ve acre lots for
lever, years.
Talayoutthe pub-
lic land in die low-
er end of 'he town
into lots and fell
the lame, as alio
a row of lots on the
common to the
Couth.
Sales of lots hereto-
fore made, of more
or lefs than one
acre, confirmed.
The trufteesto pro-
ceed to fell all
lots, the conditions
of file not being
rsnrolied with in
twelve months.
The faid b aid
empowered to car-
ry into execution
the fame regula-
tions in the town of
Angulta as the
rommiffioners in
Savannah.
An Acl to regulate taverns^ andtofupprefs vice and immorality. no 353.
I. H. HI. "O ESPECTING the regulation of taverns.*
_§_\. IV. And be it further enabled, That if any tavern keeper fhall per-
mit or fuffer any perfon or perfons whatever to gamble, or play at cards, dice, *bil-
liards in his, her or their taverns, with an intention of winning or lofmg money or
other property, or any other houfe to them belonging, he, fhe or they fhall be adjudged
incapable of keeping a tavern, and for every fuch offence fhall forfeit to the ufe of
the informer the fum of five pounds, recoverable with cofts in any court of record of
the county wherein fuch taverns fhall be kept.
V. And be it further enabled, That if any public officer fhall take a profane oath,
he fhall forfeit the fum of five (hillings for every fuch offence : And any other perfon
or perfons whatfoever, not being a public officer, for fuch offence fhall forfeit two
(hillings and fix-pence; and any perfon convicted in the court of confcience of trading
with flaves without a permit, fhall be liable to pay ten pounds.
WILLIAM GIBBONS, Speaker.
Augufla, Auguft 14, 1786".
X
An
* So much of this ac5t as relates to the regulation of taverns, and the playing at billiards repealed by act of
"79i, No.4J9-
346 DIGEST OF THE
A. D. 1786. jn Jff to repeal an aclfor appointing places for holding fuperior courts
°' 3J4' in the counties of WafJdington and Franklin, fo far as refpecls the
county of Wafloington ; and to appoint a place in the f aid county of
Wafhingtonfor holding fuperior courts,
so much of the aa I. f~S E it therefore enacted by the rebrefentatives of the freemen of the State of Georgia in-
a')i>uintift£ places B"1^ J s c j j j . _.
tor holding courts 1 "9 general affembly met. and by the authority of the fame, That the faid a£t for
in WaOlington "^"^. r . . ■ r n '
ami Franklin asre- appointing places for holding fuperior courts in the counties of Wafhington and Frank-
i'pefts the county . . " r or £>
of. walhington. re: lin, is hereby repealed, fo far as refpe&s the county of Wafhington ; and that the
The fuperior place for holding fuperior courts in the faid county of Wafhington, fhall he at the
courts to be held in * or ; o >
future at the hptife houfe of *Thomas Tones, on GrifFen's fork of Williamfon's fwamp.
orl nomas I'lnesm •> f £
H™^ WILLIAM GIBBONS, Speaker.
Augujla, Augujl 14, 1-186.
* Sanderfvillc, the permaneRt feat of public buildings. See acl; of 1796 No. 554.
No- 355- An Ail to emancipate and fet free Aiiflin, a mulatto, and Harry, a negro fellow.
Auguft 14, 1786.
Private.
No. 35 6. j[n Aclfor the better regulating of vendues within this State,
Auguft 15, 1786.
Repealed by a8 of 1794, A^. 508.
No- 357- An Aclfor regulating the militia of this State, and for repealing laws heretofore made for
that purpofe.
Auguft 15, 1786.
Repealed 'by a3 of '1792, No. 468.
No. 358. An Acl to vefl the fuperior courts in this State rwith power to regulate
ferries and public roads.*
tTo^fferrieT^ub" "13 ^ it enacted by the reprefentatives of the freemen of the State of Georgia, in general
gerundeTdie'du J[3 affembly met, and by the authority of the fame, That from and after the palling of
[.eruTcoui uln1'* l^s a(^) tne eftablifhment, alteration and future regulations of ferries, public roads,
oFwiuXtu'be'an! and bridges, fhall be under the direction of the fuperior courts in each county ; a
"esiflLure.etotlie State of which fhall be annually made from each county to the houfe of affembly at
the
* The regulation of public roads vefied in the inferior courts by acl of 179a, No. 478, feci, I, and they are
authorized to eftablifh ferries by a&of 1797, No. 597, fed. 7.
LAWS OF GEORGIA. 347
the beginning of the year ; and in particular that the fuperior court of the county of A'J^\12^6'
Chatham be empowered to caufe the public land and houfes at Great Qgechee ferry The public lami
r . 1 r i 1 it and hottfesal great
to be fold for a term not exceeding feven years, upon luch terms as may be found belt, ogechee >ny to
a ' L ' be lU'.l not exceed-
WILLIAM GIBBONS, Speaker, i»g rw
dugufla, Augujl 15, 1786.
An Acl to repeal fame part of an acl. for clearing the river Savannah No. 359.
from the month of RaeJs creek to. Tugalo old toivn.
WHEREAS an a£t of the general affembly paired the thirteenth day of Febru- Preamble.
ary, one thoufand feven hundred and eighty-fix, entitled "An aft for So much of the
clearing the river Savannah from the mouth of Rae's creek, to Tugalo old town," * ,t k>r c!"mn8'
o o ' the river i>a v.' n-
may become oppreffive in its operations, in as much as the tax to be levied for that nah above Rae's
purpofe is to be collected from fuch perfons only as live within a- f mall diftance of c '
faid river ;
I. Be it therefore enabled by the representatives of the freemen of the State of Georgia As refpecls the
in general ajfmbly met, and by the authority of the fame. That the faid a£r, fo far as ■"? lCl$-a *ax aa
refpecls the raifing a tax on the inhabitants and freeholders in the vicinity of faid is repealed.
river, be and the fame is herehy repealed..
WILLIAM GIBBONS, Speaker,
Augujl a, J a nuary 2 2, 1787.
An Ordinance for the confltutlng of a court for the trial of all charges made or to be made. No. 360.
againfl any public officer of the State under the .\tyh article of the confitution.
February 8, 1787-.
Rendered obfolete by the confutations of 1 789 and 7798.
An Ac! for vefing certain property in Philip Hornby in the right of his late- wife Hen- No. 3CK
rietta Hornby, formerly Henrietta Goldfmiih, widow of Thomas Goldfmilh, deceafed,
a perfon named in the acl of conff cation and banifhment*
February 10, 178.7.
Private.
An Aft to vefl certain powers in George Abbot Hall, and for other purpofe s therein men* jvt0i ^
tioned. ■
February 10, 1787.
Private. -*»
348 DIGEST OF THE
A. D. 1787. jln Jff t0 regulate the opening of dams acrofs rice grounds, and the
°" ° J' making and keeping dams for the refervoirs of ivater.
Preamble. ~f[~ir T"HERE AS the practice of making and keeping up dams acrofs rice grounds for
Yf the purpofe of referving water therecn during the winter, and the want of a
proper law to afcertain the time when the fame ought to be opened, has been attended
with many inconveniences, and often times is the caufe of much contention; for re-
Enacted, medy whereof, Be it enafted by the freemen of the State cf Georgia in general affembly met,
Damsacrofsnce an^ ^ f^g at/ff)0rjiy 0j ^e famej That every perfon who mall keep water during the
iervoirsofwater winter upon grounds on which rice fhall be planted the enfuing fpring, {hall on
be opened?6 t0 or be^ore tne ^^ dav or" March next, and on the fifth day of March in each year,
open the dams which keep up the water, in a fufficient manner for letting off the
fame; and if any perfon or perfons fhall neglect fo to do on or before the time
Perfons failing aforefaid, he or fhe lhall forfeit and pay the fum of one hundred pounds for every
A00 °r ei ^uc^ negle£t> upon the complaint or information of any perfon or perfons through
whofe land fuch water may pafs ; and it fhall and may be lawful for fuch perfon to
inform, and fue for the fame in any court of record in the county where fuch
offence is committed, and, on conviction, the one half thereof fhall be paid to the
informer, and the other half to the ufe of the poor of the faid county.
In what man- II. 2lnd be it further enaEied by the authority afire/aid, That where any perfon has
ner fuch dams neale£ted to open his or her dam or dams in a fufEcient manner for letting the water
may be opened . .
by a magiftrate oft the grounds before defcribed, on or before the fifth day of March in every year
and freeholaers. jn manner af0refaid, it (hall and may be lawful for any perfon who may be affected
thereby at any time after the day aforefaid in every year, either by himfelf or herfelf,
or his, or her overfeer, agent, attorney or truftee, to apply to any magiftrate in the
diftrict for a warrant of furvey, who fhall thereupon notify to the defendant the
complaint made againft him, with the time and place of meeting, and fummons
three freeholders, difinterefted perfons of the neighbourhood or diftrict where the
caufe of complaint fhall lie, one of whom fhall be then chofen by the defendant, and
in cafe of his refufal, then by the magiftrate, another by the complainant, and the
third by the magiftrate, who (being firft fworn before the magiftrate to determine
the matter in difpute juftly and impartially) fhall forthwith proceed to view the
obftructions complained of; and if on view thereof the faid freeholders, or a majo-
rity of them fhall be of opinion that fuch obftructions do or may prevent the party
complaining from planting his or her crop of rice in proper time, then and in fuch
cafe it fhall and may be lawful for the faid freeholders, or a majority of them, to
caufe the fame to be immediately opened or removed in any way or manner they fhall
think neceffary for the purpofe of giving the moft effectual relief to the party com-
plaining, whereupon the defendant fhall be obliged to pay all expences attending
Provifo. fuch furvey : Provided always, That nothing herein contained fhall extend or be*
conftrued to extend, to impofe any penalty on any perfon or perfons, or to caufe
his or her dams or banks to be opened, who fhall have made through his or her own
lands a fufEcient drain or drains (of which the faid freeholders fhall be the judges)
to
LAWS OF GEORGIA.
349
to carry off the waters pafling through the fame, in as expeditious a manner as they A»*D. 1787.
could have pa-fled through the natural courfes or channels, in cafe no fuch banks No- 363-
had been erected. ■
III. And be it further enaEled by the authority afore/aid, That it {hall and may be Ohftructions to
lawful for any perfon, at any time between the faid fifth day of March and the HfJ "watefhow
firft day of November, in every year, to apply in manner aforefaid for a warrant of t0 be removed.
furvey on any obftructions which he or {he may conceive to impede the conveying of
any furplus water on his or her rice grounds, and which by remaining thereon may
prove any way injurious, or fhall at any time hereafter make or keep up any dam or
dams which fhall flop the courfe of any water, fo as to overflow the lands of any other
perfon or perfons whatever; (without the confent of fuch perfon or perfons firft had
and obtained) and which fhall be injurious to the faid perfon or perfons, then in
either of fuch cafes the faid magiftrate and the freeholders by him appointed fhall
proceed in the fame manner as is directed in the foregoing claufe: Provided always ,
That if in either of the cafes laft mentioned, the defendant fhall neglect or refufe
to attend at the furvey to chufe a freeholder as aforefaid, then the three freeholders
who fhall have been fummoned by the magiftrate fliall proceed to determine the
matter in difpute, in the fame manner as if the defendant had been prefent and had
chofen a freeholder ; which faid freeholders fhall in both cafes certify to the faid
magiftrate, under their hands, what fhall have been by them done in the premifes ;
the expences attending which furvey fhall be paid by the party againft whom the award
of the faid freeholders fhall be given.
IV. And be it jurther enabled by the authority aforefaid. That if any perfon, either Perfons flopp-
by himfelf or herfelf, or by his or her overfeer, agent, attorney or truftee, or fervants, ^"neT. or^re-
or flaves, or any -other perfon or perfons, acting for him or her, fhall prefume to placing obftnie-
flop up any dam or dams, or replace any obftructions in any manner whatfoever, «h March, and
which lias or have been ordered to be opened or removed by any freeholders as J& JuJ)r t0 for:
ftit /"2oo 3nd
aforefaid, or which has or have been opened or removed by himfelf or herfelf, or £250 for hin-
his or her overfeer, agent, attorney, or truftee, or by order of either of them, on Bering the open-
° ' . ; J „ ' jng of dams, &r.
the faid fifth day of March until the firft day of July, every perfon fo offending fhall
forfeit and pay the fum of two hundred pounds, to be recovered and difpofed of in
manner aforefaid : And if any perfon fhall prefume to obftruct, impede, or other-
wife hinder or interrupt the opening of any dam or dams, or the removing of any
obftructions ordered to be opened or removed by the freeholders as aforefaid, ever
perfon fo offending fhall forfeit and pay for every fuch offence the fum of two hun-
dred and fifty pounds, to be recovered and difpofed of in manner aforefaid.
V. And whereas the keeping refervoirs of water by infufiicient dams, and the infufEcknt
want of proper wafteways thereto is frequently the caufe of fuch dams breaking and i*™*£° Lder
overflowing the fields of other perfons to their great damage, Be it therefore ena&ed penalty of£ 100.
. by the authority aforefaid. That where any dam or dams have been made or fhall here-
after be made for the purpofe of forming refervoirs of water without a fufficient
wafteway, and which now are or fhall hereafter be found inadequate to fuftain the
weight of water againft the fame, the owner of fuch dam or dams fhall immedi-
ately, or as foon as may be, caufe the fame to be enlarged and ftrengthened where
they
3$o DIGEST OF THE
A, D. 1787. they are already made and are infufficienr, and fuch as may hereafter be made, to
No. 363. be erected in a fubftantial manner with a fufficient wafteway. And if any perfon
fhall neglect to strengthen his or her dam or dams already erected for the purpofes
aforefaid where neceffary, or mall hereafter erect any dam or dams for the purpofes
aforefaid, and which (in either cafe) in the opinion of three freeholders, or a majo-
rity of them (to be appointed and proceed in manner herein after mentioned, re-
fpecting furveys of dams acrofs rice grounds) is or are not mad« and regulated in
manner hereby prefcribed, every perfon fo offending mail, on complaint of any
perfon or perfons liable to be affected thereby, and on conviction thereof in any
court of record in the county where fuch offence is committed, forfeit and pay the
fum of one hundred puunds for every fuch offence, which may be fued for, and if
recovered, be difpofed of in manner aforefaid.
Freeholders at- VI. And be it further enabled by the authoi ity aforefaid) That every perfon to be
two dollars per fummoned as aforefaid, fhall be a refident in the county where his attendance fhall
djy- be required, and who upon being duly fummoned and attending any furvey as afore-
faid, fhall be entitled to receive the fum of nine millings and four-pence per day
each for every fuch attendance, to be paid by the perfon againft whom the verdict
ed^and^ot at- °^ t^ie freeholders fhall be given ; and in cafe of the non-attendance of any perfon,
tending, (hall a refident, and fummoned as aforefaid, (unlefs- prevented by ficknefs, or fome rea-
cvcry day's nee- f°naklc excufe to be made upon oath to the fatisfaction of fuch magiftrate) then
k&o/ refufil. and in fuch cafe every fuch perfon fo neglecting to attend when fummoned as afore-
faid, fhall forfeit and pay the fum of ten pounds per day for every fuch neglect or
refufal.
WILLIAM GIBBONS, Speaker,
Augufla, February Jo, 1 787.
Nov 3*4. An Acl to admit John Mathews, and others therein mentioned, to praclice and plead in
any court of law and equity in this State.
February 10, 1787.
Private.
No, 2,65. An A3 for impofing a tax on the inhabitants of the State of Georgia, and others holding
properly, real or perfonal therein, for the ufe andfupport of the government thereof from
ihefirfi day of January, to the thirty-firjl day of December, 1 787.
February 10, 1787.
An
■
LAWS OF GEORGIA. yi
An Ac! for regulating the trade, laying duties on all goods, wares, A- D- i787-
liquors, merchandize and negroes imported into this State, and alfo
an impojl on the tonnage of [/hipping, and for other purpofes therein
mentioned.
-I. "jTB E it enabled, That from and after the paffing of this act the following duties Tonnage to be
JUJ ma^ De paid and levied upon all goods, wares, liquors, merchandize, and E^ on ve "
negroes, imported into any part of this State, and the following in.«)o(l on the tonnage
of all veffels arriving within the fame, that is to fay,*
II. On all veffels an impoft of one (hilling per ton according to carpenters meafure- V- Per ton ac-
r & r cording to car-
ment. penters mea-
III. And be it further enabled by the authority afore/aid, That a further fum of three fLirement-
pence per ton fhall alfo be levied on all {hipping entering the port of Savannah, and A further fum
fhall be, and hereby is, appropriated and fet apart as a fund towards creeling and De levied on all
eftablifhing an hofpital for the reception of fick and difabled feamen in the town of veffels entering
Savannth, and the following perfons fhall be and hereby are appointed commiffioners vannah for e-
of the fame, viz. George Houftoun, Leonard Cecil, Tames Houftoun, Tohn Wallace, reAmS a fe.ai
. . . ° i '• mans' hofpital.
Benjamin Fifhborne, William O'Bryen, jun, and Richard Wylly, efquires, who (hall Commiffioners
and hereby are authorized to draw on the collector from time to time for fuch fum or of the iA"}e na"
* n n I -ii. r n a aP~
iums as fhall be received by him for thatpurpofe. pointed.
IV. And be it further enabled by the authority aforefaid, That the perfon appointed The health offi-
health officer and furgeon of the feaman's hofpital, (hall be under the directions of to^be unfe?"
■the faid commiffioners ; and the faid health officer and furgeon (hall be entitled to re- &&* dire&ion,
ceive the fum of three (hillings and fix pence for every fquare rigged veffel 5 and two 3/5 for every
(hillings and four pence for every other veffel ; drovers and veffels in diftrefs only fciuare rigg«*
j and 2/4 for evc-
'CXCepted. ry other veffel.
V. And whereas it becomes abfolutely neceffary for the better navigation of the river An additional
Savannah below the town, that the wrecks and other obstructions be as fpeedily as ,„ , 3f PCj
' sr J ton to be levied
poffibly removed, and that a fund be eftablifhed for that purpofe ; Be it therefore enabled and fet apart as
by the authority aforefaid. That a further fum of three pence per ton (hall alfo be levied *n " the°faid ri-
on all (hipping entering the port of Savannah, and (hall be, and hereby is, appropri- vcr of the wrecks
ated and fet apart as a fund for clearing the faid river of the wrecks &c. And the com- rediion of the
miffioners of the pilotage for the port of Savannah herein after named, (hall be and commiffioners
hereby are empowered to carry the fame into effect. The faid commiffioners (hall
alio be, and hereby are authorized to draw on the collector of faid port from time to
time, for whatever fums may accrue, and be received by him for that purpofe. f
XVIII.
* The remainder of this, and former part of the 2d feci, as well .'as the other feclions omitted, rendered
obfolete by the operation of the general government,
f Coogrefsby ad of nth Auguft, 1790, affesfs to the operation of this act fo far as the fame relates to the
laying an impoft on the tonnage of fhips and veffels for the purpofes therein mentioned until the 10th January
next thereafter —And by aces of 10th January, 179I and 19th March, 1792, further continued the fame for
the term of 3 years from the laft mentioned date, and from thence to the end of the nextfeffion of congrel's.
352 DIGEST OF THE
A. D. 1787. fXVIIL And whereas it is neceffary for the encouragement and fecurity of the
Ho 366. trade and navigation of the State, that the pilots of the different ports thereof be made
Commiffioners fubject to fuch rules and regulations as may anfwer the faid purpofes, Be it enaEled
med' "ncT ap- h ^}e auihority aforejaid, That the following perfons, viz. George Houftoun, Thomas
pointed for the Cumming, Leonard Cecil, John Wallace and Robert Bolton, jun. efquires, be, and
« ah; their pow- ^iey are hereby appointed a board of commiffioners of pilotage for the port ofSavan-
ers- nah, and they, or any three of them, {hall have, and they are hereby inverted with
full power and authority to appoint any number of pilots they may think necelTary for
faid port, and prefcribe and eitablifh fuch rules and regulations as they may deem ex-
pedient therefor j which rules and regulations fhall be binding on all fuch pilots, and
thofe who act under them, and upon all other perfons concerned therein.
Governor em- XIX. And be it enabled by the authority afore/aid, That his honor the governor be di-
dravT^n f<the reeled to draw on the treafurer in favor of the faid commiffioners, for a fum'not exceed-
treafury in their ing eight hundred pounds, to be by them difburfed in the purchafe of proper boats,
ceedinsr /800*' or m anv otner wav tnev mav juc^ge neceffary for the better eftablifhing and conducting
the faid pilotage ; the faid commiffioners to account for the expenditure of fuch monies
to the executive of the State.
In favor of the XX. And be it enabled by the authority afore/aid, That for the better encouragement
o^pil^eefor °f tra,ie m tne fouthern ports of this State, his honor the governor be directed to
the port of St. draw on the treafurer for a fum not exceeding fifty pounds in favor of the commiffi-
-dry 3> £5J- oners 0f pilotage for the port of St. Mary's and its dependencies; and a fum not
exceeding one hundred pounds be allowed for the port of Sunbury ; and a further
For the port of fum not exceeding fifty pounds for the port of Brunfwick, for the purpofe of purchaf-
and Ao for the *nS ProPer Doats> and employing pilots for faid ports, and that they fhall account for
port of Brunf- the expenditure of fuch monies, in like manner as the commiffioners of pilotage for
the port of Savannah.
Commiffioners XXI. And be it further enabled by the authority afore/aid, That John Baker, John
of pilotage ap- j^^ and Alexander M'lver, efquires, be, and they are hereby appointed commif-
portof Sunbury. fioners for the port of Sunbury, inverted with the fame powers as thofe mentioned in
this law for regulating the pilotage of the port of Savannah.
F ., f XXII. And be it further enabled by the authority aforefaidt That Jacob Weed, James
St. Mary's. Seagrove, and James Armftrong, efquires, be and they are hereby appointed com-
miffioners of the port of St. Mary's and its dependencies, inverted with the fame powers
as thofe mentioned in this law for regulating the pilotage of the ports of Savannah and
Sunbury.
Andfortheport XXIII. And be it further enabled by the authority aforefaidy That James Spalding,
of Brunfwkk. Elifha Hopkins, and John Braddock, efquires, be and they are hereby appointed
The colle&ors commiffioners of the port of Brunfwick, inverted with the fame powers as thofe men-
and harbor maf- tioned in this act for regulating the pilotage in the other ports of this State ; and that
tile re** _ /» 1 /* *—» • m ■ ■ ■ a
fpedive ports the collectors and harbor matters of the refpective ports for the time being fhall be,
^mmiffi0 ^ anc* t^iey are nereby declared to be commiffioners of the pilotage in addition to thofe
-appointed^ already
I By act of congrefs pafled Auguft 7, 1789— all pilots are to be regulated by the laws of the refpedive States
until congrefs makes further provifion.
*■
*
LAWS OF GEORGIA. 353
already appointed, in virtue of their offices, for the ports to which they teipeclively A. D. 1787.
belong. No- 366.
XXX. And be it enabled by the authority aforefaidy That an harbor mailer be appointed Harbor mafter
for the port of Savannah, (who fhall alfo execute the duty of tonnage mafter.) And t°be.aPPointed
1 x ' ° ' for the port ot
that no perfon may plead ignorance of the rules and regulations of the port, it fhall Savannah— his
be the duty of the harbor mailer to go on board all veffels immediately on their arrival duties>
in port, and inform the mafters or commanders of the fame : And alfo furnifh all the
pilots with printed regulations and inftrudtions, who fhall be directed to make them SI)aII rere-lve,,. on
known to the mailers of all veffels on their arriving within thebarj and the faid har- anY-m^lfnar
bor mailer fhall receive for fuch fquare rigged veffel five fhiliings, and for all Hoops ?efIe!s;
and fchooners three {hillings and fix-pence from the mafters of faid veffels ; and the the orLfs-andh^
faid harbor mafter fhall be fubject to the orders and inftruclions of the board of com- board ofcommifii-
miffioners of pilotage for the port of Savannah, and removable by his honor the removable by the
. . -i r in • n t • - executive for mif-
governor and executive council for neglect or mifbehavior. bei«,vior,
XXXII. And be it further enabled by the authority aforefaidy That the harbor mafter His fees for the
fhall meafure all veffels fubject to the payment of tonnage, the firft voyage they may ^flaeilgrement °
make to the port of Savannah ; and fhall receive the following fees for the fame, viz.
on all veffels meafuring one hundred tons and upwards, feven fhiliings ; and on all
veffels under one hundred tons, four fhiliings a"nd eight-pence, to be paid by the
mafters of faid veffels fo meafured. Provided a certificate of the meafurement be
lodged with the collector by the harbor mafter, previous to the clearance of faid veflel.
XXXIV. And be it further enabled by the authority aforefaidy That fix-pence in addi- AMlti°pzI. 'i"1"
tion to the tonnage, levied for the feaman's hofpital and clearing the river Savannah levieii 21? ',"the
o * 1 o ports of Sunbury,
of the wrecks below the town, fhall be alfo paid by all mafters of veffels entering the Marvw'fHtidfo"
ports of Sunbury, Brunfwick, and St. Mary's, and fhall be appropriated and fet apart hou^es^ind^fap-
as a fund for erecting light houfes, and eilablifhing and fupporting pilots, and fhall d°"«f/dire«Sln
be under the direction of the commiffioners of pilotage for faid ports, and to be by pnowfeT'^0^5
them drawn in the fame manner as from the collector of the port of Savannah.
XXXV. And be it further enabled by the authority aforefaidy That an harbor and ton- ""Rafter tfbe
nage mafter be appointed for the port of Sunbury, and one for the port of Brunfwick, ^^'"of'Lityt
and alfo one for the port of St. Mary's and its dependencies, who fhall be entitled to |"mws* an<1
the fame fees and fubject to the fame regulations as thofe of the port of Savannah.
XL. And be it further enabled, That all former acts laying duties on goods, wares, ah acts laving du.
... . . 1 • fi • n 1 ties on goods and
liquors, merchandize and negroes imported into this State, and alfo imports on the imports on tonnage
tonnage of fhipping payable to this State be, and the fame are hereby repealed.
XLII. And be it further enabled. That in cafe of death or refignation or refufal to Vacancies- to be
act of any of the commiffioners herein appointed, that his honor the governor and filled by the ex-
executive council fhall be, and they are hereby authorized to appoint a proper perfon
or perfons in the room of fuch commiffioner or commiffioners fo refufing, dying or
refigning.
WILLIAM GIBBONS, Speaker.
Augufa, February 10, 178 7.
Y y An
ecuuve.
3S4 DIGEST OF THE
w
A. D. 1787. *An Ac! for butter regulating the town of Savannah and the hamlets
No- 367- thereof.
HERE AS the town of Savannah and the hamlets thereof require regulation,
Beit enofled by the freemen of the State of Georgia, in general affembly met-,
TownofSavan and by the authority of the fame , That the faid town and hamlets be divided into feven
nah *n<A rr " " warc*s, the town as ufual to confift of fix, viz. Percival, Darby, Anfon, Reynolds,
feven wards. Heathcoat, and Dicker wards, and the hamlets of Ewenfburgh and Yamacra lhall
conftitute the feventh, and be known by the name of Oglethorpe's ward.f
Wardens to be H- ^"d be it further enaEled by the authority aforefaid, That on the firfl Monday in
elefted annually ]yiarch annually, and every year, the proprietors of lots or houfes within the faid wards,
onfirft Monday '*. , ; ;f r y , ,
in March— in who (hall be or the age 01 twenty-one years and upwards, lhall meet at the court
■what manner. noufe Qf the faid town, and under the direction of two or more magiltrates proceed
to ballot for a warden for each ward, who fhall alfo be a proprietor of a houfe or lot
within the limits of the town or hamlets as aforefaid; and the wardens fo chofen
To eleft a prefi- or a majority of them fhall meet on the Monday next following, and elect by ballot
own body, ap- out of their own body, a perfon to act as prefident of the board; and they fhall alfo
point a clerk appoint a clerk and fuch other officers as may be deemed necefTary to carry this act
cers. into execution.
Their powers ^' ^"d ^e %t furt^er wafted by the authority aforefaid. That the wardens fo cho-
for the good or- fen fliall have full power and authority to make fuch bye-laws and regulations, and
meiit of° the t0 inflict: or impofe fuch pains, penalties, and forfeitures, as fhall be conducive to
town and ham- the good order and government of the town and hamlets as aforefaid. Provided, That
fuch bye daws and regulations be not repugnant to the laws and constitution of this
State.
To raife by af- ^V. And be it further enaEled by the authority aforefaid, That it fhall and may be law-
feffment al1 fulfor the faid wardens or a majority of them, yearly and every year, or oftener if
Aims of money . , _ . „ _
ceceffarytocar- occafion may require, to make, lay, and aiiels one or more rate or rates, aiieiiment
ry this a<a into or affeffments, upon all and every perfon or perfons who do or fhall inhabit, hold,
ufe, or occupy, poflefs or enjoy any lot, ground, houfe or place, building, tene-
ment or hereditament in any fquare, flreet or place within the limits of the town of
Savannah or hamlets as aforefaid, for raifing fuch fum or fums of money as the faid
wardens or a majority of them fhall in their difcretion judge necefTary for, and to-
wards carrying this act into execution; and in cafe of refufal or neglect to pay fuch
rate and aflefTment, the fame fhall be levied and recovered in manner as herein after
The prefident directed. Provided, That no part of fuch rate and afiefiment fhall be appropriated to
and wardens to tne paying of the prefident or wardens for their fervices, but that they fhall ferve in
jcrve without , .*/. ,& . r • , - , }
fee or reward, their faid appointments without tee or reward.
And rent or V* ^"d ^e it further enabled by the authority aforefaid, That the wardens to be cho-
leafe at public fen under this act, or a majority of them, are hereby veiled with full power and au-
land3 including thority to let, leafe, or rent, at public fale, any lot or lots of land, including the
the 16 acres \Qi 0f \zn(\ containing fixteen acres, called the Spring, weftward of the faid town of
calledtheSpring ° ° c ,
and the Vendue bavannan,
Houfe.
* See corporation a& of 1 7 89^ No. 430.
■J- Limits of the corporation explained, of 1795, No. 529.
LAWS OF GEORGIA. 3
Si-
Savannah, and the building commonly called the Vendue Houfe; and the monies A. D. 1787.
arifing therefrom (hall be applied by the faid board of wardens to the carrying this 1 °* 3 7"
adt into execution.
VI. And be it further enabled by the authority afore/aid. That all rates and afleflments, Affeffments.pe-
pains, penalties, and forfeitures, laid or incurred under this atl, fhall be levied and fekure's, how to
recovered by warrant of diftrefs and fale of the offenders goods, under the hands and ^ recovered,
feals of the faid prefident or wardens, or a majority of them, or by warrant under
the hand and feal of any juftice of the peace for the county of Chatham.
VII. And be it further enabled by the authority afore/aid. That the faid prefident An account of
and wardens by their clerk fhall publifh in the Georgia gazette monthly and every be pubiifhed
month, an account of the expenditures of all monies which they fhall receive by vir- monthly.
tue of this act, for the information of the inhabitants of faid town and hamlets.
VIII. Whereas it appears by the petition of a number of perfons owning wharf 2£e ^""fi^fce
lots in the faid town of Savannah, that the boundary of the back part of faid lots MLnliTpij'nVf
fronting the Bay-ftreet of faid town, was eftablifhed by a law paffed under the Britifh hlg'&Twaf: dur"
government, and a * plan thereof was recorded in the furveyor-generars office of the
State, (then province) which plan was loft during the late war, in coniequenee of
which the owners of faid lots aie put to great difficulty in placing their buildings, Be
it enabled by the authority aforefaid, That the prefident and board of wardens appointed boanTof wardens
under this acl are fully empowered to fix the boundary of the faid lots, in fuch manner ^'"boundary Jr
as to them may appear juft and equitable j and that a plan thereof be recorded in the Pian thereof to be
furveyor general's office, and alfo in the office of the clerk of the county of Chatham.
IX. And be it further enabled. That the faid board of wardens fhall have full power To regulate the
J , public docks.
to regulate the public docks between the wharfs, fo as to prevent the injury which is
now done to the navigation of the faid river by the docks being open.
X. And be it further enabled by the authority aforefaid, That the wardens appointed j.retTe e 3erS
under this act fhall have, and are hereby veiled with the powers and authority of ofjuftkesofthe
juftices of the peace within the town and hamlets aforefaid. peace.
XL And be it further enabled by the authority aforefaid, That all former laws here- ^^ffed^for
tofore pafled for the better regulation of the faid town of Savannah and the hamlets the regulation
thereof, be and the fame are hereby repealed. °n^ hamkurc-
WILLIAM GIBBONS, Speaker. Peakd.
Augujlat February 19, 1 78 7.
* A general plan of the town of Savannah is in fecretary of the States' office, annexed to an arSt of 1 770—
probably the fame alluded to in this acl, (fuppofed to be loit.)
An Abl to confirm and explain certain refolutions of this houfe, relating to the eflate of the No. 368.
late Reverend John Joachim Zubly> deceafed.
February 10, 1787.
Private*
An
35<*
DIGEST OF THE
A. D. 1787. An Aft to admit Jacob Walburger, James Williams, and Abraham Jack/on, Efquires, to
No. 369. the practice of the law in this State.
February 10, 1787.
Private.
No.
ii
70.
Commiffioners
named and ap-
pointed tofettie
all differences
with the State
of South Caro-
lina relative to
boundary.
Provifo.
No. tfl.
No. 372.
Preamble.
Enacted.
An Ordinance to appoint commiffioners to a/certain aad fettle the boun-
daries of this State ivith the State of South Carolina,*
E it ordained by the reprcfentatives of the freemen of the State of Georgia, in general
ajfembly met, and by the authority of the fame, That John Houftoun, John Ha-
berfham, and General Lachlan M'Intoih, Efquires, be and they are hereby appointed
commiflioners, and inverted with full and abfolute power and authority in behalf of
this State, to fettle and compromife all and fingular the differences, controverfies,
difputes and claims which fubfift between this State and the State of South Carolina,
relative to boundary ; and to eftablifh and permanently fix a boundary between the
two States. And this State ihall and will at all times hereafter ratify and confirm
all and whatfoever the faid commiffioners or a majority of them ihall do in and
touching the premifes ; and the fame ihall be for ever binding on this State : Pro-
vided always, That the commiffioners appointed by the State of South Carolina ihall
have as exteniive powers veiled in them by the faid State, as are hereby veiled in the
commiffioners of this State.
WILLIAM GIBBONS, Speaker.
Augufa, February 10, 1787.
Settled by convention at Beaufort. See appendix, page , and acl: of 1788, No. 39a, ratifying the-
fame.
An Acl to continue and amend an Acl, entitled " An acl for the better regulating of
vendues within this State."
February 10, 1787.
Repealed by acl of 1794, No. 5C8.
An Acl; to prevent biting, gouging, maiming, or othernvife deflroying
or injuring any of the members of the body.
"HEREAS nothing more forcibly marks the barbarity and the ignorance of
a country, than the favage cuftom of biting and gouging, and which is
moreover too frequently attended with the lofs or disfiguration of fome of the mem-
bers of the body : For prevention whereof,
I. Be it enabled by the rcprefentatives of the freemen of the State of Georgia in general
ajfembly met, and by the authority of the fame, That if any perfon or perfons after the
palling of this act, ihall wilfully or maliciouily cut out or difable the tongue, pufr
out
LAWS OF GEORGIA.
357
out an eye, flit the nofe, bite or cut off the ear, nofe or lipp, or cut off or difable
any limb or member of any perfon or perfons within this State, in fo doing, to maim
or disfigure in any of the manners before mentioned, that then and in every fuch cafe,
the perfon or perfons offending, their counfellors, aiders, or abettors, knowing of
and privy to the offence, as aforefaid, fhall for the firft offence, forfeit the fum of
one hundred pounds, and ftand in the pillory not exceeding two hours ; one half of
which fine to go to the party injured, the other half to the State, and the offender to
ftand committed until the fine is paid. And if fuch offender fhould prove unable to
pay faid fine, to receive one hundred lafhes on his bare back, and fet at liberty ; and
for the fecond offence are hereby declared to be felons, and fhall fuffer death with-
out benefit of clergy : Provided, That the faid attaint fhall not extend to corrupt the
blood, forfeiture of the wife's dower, or the offender's goods and chattels.
WILLIAM GIBBONS, Speaker
Auguflay February 10,. 1787.
A. D. 1787.
No. 372-
Any perfon maim-
in.:; another by bit-
inc, gougirrfej etc.
(hall forfeit for t lie
firft offence ion!,
and ftand in the
pilory not exceed-
ing two hours.
if unable to pay
fiich fine to receive
100 ladies.
The fecond offe nee
felony.
Piovilb.
An Act to compel the fettlement of public accounts, for inflicting penal- No- 373-
ties on the officers of this State njuho may neglecl; their duty, and
for vefling the auditor -with certain poivers for the more fpeedy
fettlement of the accounts of this State ivith the United States.
WHEREAS in the courfe of the late conteft between the United States of preamble.
America and Great Britain, very large and great expenditures and advances
of public money have been made by the good people of this State in the common caufe :
And whereas many of the perfons to whom fuch advances of money have been made,
regardlefs of the public welfare as well as of their own credit and character, have
refufed or neglected, and do ftill refufe or neglecl: to exhibit their accounts and
vouchers, and to fettle their accounts, notwithftanding the opportunities which
have been given, and the repeated calls which have been made upon fuch defaulters.
And whereas divers of the faid defaulters who ought to have attended upon, and
accounted with the committee of finance of the general affembly of this State, (though
fuch perfons have been frequently called on by the faid committee to appear before
them, and to exhibit their accounts and vouchers, in order that their feveral accounts
might be adjufted and fettled) have refufed or neglected to appear before the faid
committee, or to exhibit their accounts and vouchers, and have their accounts fettled
as aforefaid.
And whereas it is highly neceffary, as well for afcertaining and fettling the accounts
of the expenditures made as aforefaid by this State, before the revolution and fmce,
and in order to fatisfy the good people of this State of the true fituation of their pub-
lic finances, and of the neceffity of fubmitting to the heavy taxes which have been
laid upon them : In order therefore to compel the defaulters aforefaid, and every of
them, and all others to whom the public monies of Georgia may have been advanced
or paid, either before the revolution or fmce, or who may be otherwife poffeffed of
public
3$3 DIGEST OF THE
A. D. S787. public money or other property, and who ought to account for the fame, to attend
No. 373. tjie aiK?[tor of this State, and produce their accounts and vouchers, and fettle their
faid accounts, and pay over to the treafurer of this State, the balance which may be
refpectively due to this State from fuch defaulters.
The auditor em- I'« Be it enacled and it is hereby enacled by the reprefentatives of the freemen of the State
powered to fet- 0f Qeorrt\a jn general affembh met, and by the authority of the fame. That the auditor be
tie the accounts J 11 n 1 • 1 r> i- i-
ofpublicofiicers and he is hereby veiled with full power to collect, audit, liquidate, adjuft, and fettle
and all oth-r ^ accounts of the late and prefent treafurer or treafurers of this State ; the late
perlons who ' r
have been cr and prefent commiffioner or commimoners of confifcated eftates j the late and prefent
cTof monies6 or c°Ue&or or collectors of duties or imports ; the late and prefent collector or collectors
goods of this receiver or receivers of public taxes in the respective counties ; the late and prefent
attorney general or attorney generals ; the late and prefent fheriff or fheriffs, and
clerk, or clerks of the refpeetive counties ; and the accounts of all fuch other perfon or
perfons who have been or may be intruded, or have or may become pofleflcd of the
monies, goods, or effects of this State ; and in any cafe where it fhall appear that a
balance of monies (hall be due by any fuch perfon or perfons to this State, the auditor
{hall direct that payment thereof be made to the treafurer of this State ; and the cer-
tificate of the faid auditor fhall be conclufive evidence in an action of debt, at the
fuit of the State againfl any perfon or perfons for the fums of money which fuch
perfon or perfons owe or may be indebted to the State, and no fet cffor deduction
from the fame fhall be admitted.
A th rized to ^* ^"^ ^e lt further enacled by the authority aforefaid, That it fhall and may be
call before him lawful for the faid auditor, as often as there fhall be occafion, to call before him by
fuch" perfons2 fubpcena or fummons, and in cafe of contempt, to iffue a writ of attachment in order
with the riecef- to compel the appearance of any perfon or perfons who is or may be accountable,
and to compel before the faid auditor, by virtue of this act, or who the faid auditor may reafonably
their attendance fuppofe is or are capable of giving evidence or information concerning the faid
accounts or any of them ; and the faid auditor is hereby authorized to examine,
upon oath or affirmation, any perfon as witnefs refpecting any fuch account, which
oath or affirmation the faid auditor is hereby empowered to adminifter ; and in cafe
any perfon or perfons on whom fuch fubpcena or fummons fhall be ferved, being
accountable before the faid auditor, (hall refufe to appear as in fuch writ fhall be
expreffed and directed, or having appeared before the faid auditor fhall refufe or
neglect to exhibit his, her or their account and attend the fettlement thereof, or being
fummoned as a witnefs fhall neglect to appear before the faid auditor at the time and
place appointed, in and by fuch fubpcena or fummons, and fhall make default there-
upon, or having appeared as aforefaid, fhall refufe to make a full difclofure of his,
her or their knowledge in the matter depending before the faid auditor, the faid
auditor may award an attachment, and commit fuch delinquent or delinquents to the
nearefl common gaol, there to be holden till fuch perfon or perfons fhall fubmit to
the faid auditor, and comply with the directions of this act ; and all perfons who
fhall be fummoned as witneffes by the faid auditor, and every fheriff, coroner or other
officer to whom he fhall direft his writs or precepts as aforefaid, fhall be allowed
like
LAWS OF GEORGIA.
359
like fees for their attendance and fervices as witneffes fummoned to appear in the
fuperior courts of this State, and as fheriffs, coroners and other officers are entitled
to in fuch courts, to be levied on the feveral delinquents by the faid auditor by war-
rant, in the like manner as debts under ten pounds are recoverable.
III. And be it further enatled by the authority aforefaid, That if any perfon or perfons
who by virtue of this act, are or fhall be accountable before the faid auditor for any
fum or fums of money, which have been or may be advanced to or received by fuch
perfon or perfons, or for any monies, goods, chattels or effects, which have or may
come to the hands or poffeffion of fuch perfon or perfons, fhall for three months after
the fervice of fuch fubpcena or fummons as aforefaid, for fuch perfon or perfons to
appear before the faid auditor, and exhibit and fettle his, her or their accounts as
aforefaid, refufe or neglect to obey fuch fubpcena, fummons or demand, and complv
with the directions of this act, then fuch perfon and perfons fo refufing or neglecting
fliall be liable to an action of debt or other action at the fuit of the State, for the
whole of the fum and fums of money, g*ocds, chattels and effects belonging to the
public, which he, fhe or they ought to account for as aforefaid, before the fa'd au-
ditor, and fhall be for ever barred of fettling off any charge or expenditure thereout,
unlefs the faid auditor, before the faid term of three months be expired, certify in
behalf of fuch perfon or perfons that it is reafonable that further time be allowed
fuch perfon or perfons for exhibiting and fettling his, her or their accounts, in which
cafe upon fufficient fecurity being entered by the party or parties in whofe behalf
&tch certificate fhall be made for the whole money or other property unaccounted
for by fuch perfon or perfons, his honor the governor in council may, by an entry on
their minutes, allow of further time as aforefaid : Provided, That nothing herein con-
tained fhall prevent the fettlement or infpection of any public accounts by the com-
mittee of finance appointed annually by the houfe of affembly.
IV. And be it further enacted by the authority aforefaid. That the auditor be, and he
is hereby vefted with full power and authority to audit, liquidate, adjuft and fettle the
accounts of this State with the United States, with power to fend for fuch perfon or
perfons, paper or papers, record or records, as he may deem neceffary in the fettle-
ment of the faid accounts ; and every fuch perfon or perfons who fhall neglect or
refufe to obey the fubpcena, fummons or demands of the faid auditor in manner as
by this act is pointed out, fhall incur and fuffer all the pains and penalties inflicted
by this act.
WILLIAM GIBBONS, Speaker.
Augujta, February 10, 1 787.
An Acl for fixing on proper placet in the counties of 'Effingham , Glynn
and Camden, for erecting gaols and court houfes, and for ejlablifh-
ing fuperior courts in the counties of Franklin and Greene.
HEREAS the rapid increafe of population in the counties of Glynn and
Camden and their frontier fituation require the moft pointed attention of the
legiHature
W
A. D. 1787.
No. 373-
Perfons accoun-
table before the
auditor and du-
ly fummoned,
refufing to com-
ply with this
acT:, how to be
proceeded a-
gainft.
Provifo.
Nothing herein
contained fhall
prevent the fet-
tlement or in-
fpection of pub-
lic accounis by
the committee
of finance.
The auditor
vefted with full
power to audit
and fettle the
accounts of this
State with the
United States.
No. 3.74-
36°
DIGEST OF THE
A. D. 1787.
No. 374.
Enacted.
A court hemic ami
gaol to be eiectyl,
and the elections
held in tlie county
of Glynn, at the
town of Erunf-
wkk.
In Camden, at St.
Patrick, a town to
be laid nut on the
fonth (ide of Sa-
tilla river.
In Greene,
the town
Greenefbo-
rough .
at
of
In Effingham,
at or near the
Indian bluff, by
the name of El-
btrtfton.
Commifhonsrs
named and ap-
pointed for e-
recting a court
houfe and gaol
in Glynn.
Camden.
Greene, and
Effingham.
legiflature that an equal diftribution of juftice may take place in the faid counties, in
common with the other counties in this State.
I. Be it enacted by the reprefentatives of the freemen of the State of Georgia, in general
affembly met, and by the authority of the fa me, That from and after the paffing of this aft
a court houfe and gaol {hall be erected, and the elections held in and for the county
of Glynn, at the town of Brunfwick : A court houfe and gaol fhall be erected, and
the elections held in and for the county of Camden, at a town to be laid out by the
commiffioners herein after named and appointed for the faid county, on the fouth
fide of the river Great Satilla, and to be known by the name of f St. Patrick's.
II. And ivhereas no provifion hath hitherto been made by law for building a court
houfe and gaol in the county of Greene, nor any time appointed for holding the
fuperior courts in the faid county, for remedy whereof, Be it enacted by the authority
nforejaid, That a court houfe and gaol fhall be erected, and the elections held in and
for the county of Greene, at the town of Greenfborough, and that the fuperior courts
fhall be held at Gieenfborough, on the next Tuefday after that of Wafhington.
III. And ivhereas the place appointed for erecting a court houfe and gaol, and
holding elections in the county of Effingham hath been found inconvenient to the in-
habitants of the faid county, Be it therefore enacted by the authority afore/aid, That a
court houfe and gaol fhall be erected, and the elections held in and for the county of
Effingham, at or within three miles of a place called Indian Bluff, on the north fide
of the river Great Ogechee, and to be known by the name of § Elbertfton, and that
fo much of the act, entitled " An act for the fixing and eftablifhing court houfes and
gaols, and the fixing and regulating elections in the different counties of this' State,"
puffed on the twenty-fixth day of February, one thoufand feven hundred and eighty-
four, as relates to the erecting a court houfe and gaol, and holding elections and fupe-
rior courts in and for the county of Effingham, at Tuckafee King's, be and the fame
is hereby repealed.
IV. And be it further enabled by the authority aforefaid, That John Tomkins, John
Parmer-, William Stephens, John Burnett, and Alexander Rainey, efquires, be, and
they are hereby appointed commiffioners for erecting a court houfe and gaol in and
for the county of fGlynn ; Jacob Weed, James Seagrove, John Webb, and Natha-
niel Afhley, efquires, commiffioners in and for the county of ^Camden ; David
Grefham, William Greer, Thomas Harris, William Fitzpatrick, and Robert Greer,
efquires, commiffioners in and for the county of Greene ; and Olipher Bowen, Ben-
jamin Lanier, and Thomas Lane, efquires, commiffioners in and for the county of
^Effingham.
V. And ivhereas the place appointed for holding elections and fuperior courts in
the county of Franklin is found by experience to be extremely inconvenient to a ma-
jority
■f So much as relates to holding courts, &c. at St. Patrick's, repealed by act of 1792, No. 464. Commiffion-
ers appointed by a As of 1790, No. 443; and 1791, No. 452; and 179a, No. 465, authorized to fix upon ano-
ther place.
§ Commiffioners authorized to fix on another place. See adT of 1795, No. 527.
* Other commiffioners appointed for Camden and Effingham. See act of 1 790, No. 443.
f Other commiffioners appointed by adl of 1 79 1, No. 452.
LAWS OF GEORGIA. 361
jority of the Inhabitants of faid county, Be it therefore enabled by the authority aforefaid, A. D. 1787.
That from and immediately after the paffing of this act, the place for holding elections No> 374>
and fuperior courts in the faid county of Franklin (hall be at the houfe of Benjamin The elecftions
Acles, and the time for holding fuperior courts for the faid county fhall be the next courts t» "be
Tuefday after that of Greene; and that fuch part of an act of the general affembly, held in Franklin
entitled "An aft for fixing and eftablifhing court houfes and gaols in the counties of Acks.
Wafhmgton and Franklin, and for holding fuperior courts in the county of Franklin,"
as relates to the fixing a place for holding elections, and time of holding fuperior courts,
be, and the fame is hereby repealed.
VI. And be it further enabled^ That the commiffioners of each county, or a majority CommifP-oncrs
of them, fhall have full power at any time of their meeting for the purpofe above men- °t any- timi°ui
tioned, to proceed on thebufinefs fpecified by this act. proceed to bu-
WILLIAM GIBBONS, Speaker. llnefs'
AuguJIa, February 10, 1 787.
An Acl to amend an Acl for regulating the infpeclion of tobacco, and No- 375-
for other purpofes therein mentioned.
I. II. III. IV. V. T> EVISED and rc-enadted by an aft of 179 1, No. 431.
JlV VI. And ivkereas an infpection at the town of Wrightf- Preamble. „
borough will greatly contribute to the eafe and convenience of the inhabitants of the
upper parts of this State, and tend greatly to encourage the cultivation and railing of
tobacco : Be it therefore enacted by the authority afjrcfaid, That an infpe£lion of tobacco Ena&ed. .
be, and the fame is hereby eftabliflied to be held in the town of Wriehtfboroutrh on Aninfcsdiatwf
1>rp . ,., tobacco eftab-
fuch lot or place as the commiiiioners for faid town may think proper for that purpofe, lifted at
to be under the fame regulations as other infpections of tobacco within this State. Wngh.tfb.aro .
VII. And whereas there is a number of vacant lots in the faid town of Wrightfbo- Cemmiffioners
rough, and no way pointed out for the difpofal of the fame, Be it therefore enabled bv of the t°wn em,T
*fa» 1 * m ■ * . • ' J ■ J powered to lell
the authority aforefaid, That the commiffioners for the faid town, or their fucceffors in and convey the
office be, and they are hereby empowered and authorized to fell and make titles to ^iaWe^and
all fuch vacant lots or lands appertaining or belonging to the town of Wrightfborough, apply the mo-
and all monies arifmg from fuch fales, to be appropriated to the ufe of the faid town "h" ufb' of ? the
in fuch manner as the commiffioners may think moft convenient. town.
WILLIAM GIBBONS, Speaker.
Augujlay February 10, 1 787.
An Act for taking certain perfons out of the acl of confif cation and ba- No. 376.
ni/Jjment, as far as ref peels the banifhment of the perfons therein
named, and other purpofes therein mentioned.
WHEREAS the legislature of this State, by an act palled the fourth day of Preamble.
May, one thoufand feven hundred and eighty- two, at Augufta, entitled
'* An act for confifcating and banifhing certain persons therein mentioned," did con-
Z z iifcate
362
DIGEST OF THE
.A. D. 1787.
No. 376.
Enacted.
Certain perfons
refeafed from
banifhm.nt.
Their eftate,
real and perfon-
al, remaining
unfold, veiled
in them.
Certain perfons
admitted to ail
the rights of ci-
tizenlhip.
Certain other
perfons releafed
from banifh-
ment.
Mary Fleming,
the debts due to
herhufband,and
his property re-
maining unfold,
vefted in her
and her heirs.
fifca.te the eftate and banifh the perfon of Philip Delegall, junior ; alfo did confifcaie
of John McDonald, his heirs, devifees and afligns : And ivhereas the prefent legis-
lature have agreed to take the faid Philip Delegall, and the heirs, devifees and afligns
of John McDonald, out of the faid aft of confifcation and banifhment, fo far as it
refpecls the banifhment of faid Philip Delegall, and the heirs, devifees and afligns
of John McDonald : Be it therefore enabled by the reprefentatives of the freemen of the
State of Georgia in general ajjembly met, and it is hereby enabled by the authority of the
fame, That Philip Delegall, and the heirs, devifees and afligns of John McDonald,
be and they are hereby feverally relieved from the pains of the faid a£t of confifcation
and baniihrnent, fo far as refpecls the banifhment of the faid Philip Delegall, and
the heirs, devifees and afligns of John McDonald.
II. And be it further enabled by the authority afot efaid, That the property, both real
and perfonal of the faid Philip Delegall, and faid John McDonald, his heirs, devi-
fees and afligns, that has remained unfold by the commiflioners of confifcated eftates,
under the acT: of confifcation and banifhment, fhall be theirs to all intents and pur-
pofes, any thing contained in the ac"t of confifcation and banifhment to the contrary
notwithstanding.
III. And be it further enabled, That Thomas Gibbons, Patrick Crookfhanks, and
Alexander J. Spears, of the county of Chatham, Efquires 5 John Glinn, James Spald-
ing, Thomas Young, Levi Sheftall, George Barnes, and John Taylor, be and they
are hereby admitted to all the rights and privileges of free citizens of this State, any
law to the contrary notwithstanding.
IV. And be it further enabled by the authority aforefaid, That the faid a£t of confif-
cation and banifhment, fo far as relates to the banifhment of Abraham Mincey, John
Corker, John Fox, and William Jones, be and the fame is hereby repealed.
V. And whereas there are debts due, and property which remains unfold, belong-
ing to the eftate of Thomas Flemming, deceafed, and application has been made to
this houfe by Mary Flemming, widow of the faid Thomas Flemming, to veft fuch
debts and property in her, Be it enabled by the authority aforefaid, That all debts due
to the faid eftate, and property which remains unfold, be vefted in the faid Mary
Flemming for the ufe of herfelf, her heirs and afligns for ever.
WILLIAM GIBBONS, Speaker.
Augujla, February 10, 1 787.
No. 377. An Abl for vefling the eflates, real and perfonal, unfold, of Henry Sharp and Matthew
Moore, in the hands of their refpeblive children.
February 10, 1787.
Private*
An
LAWS OF GEORGIA. 363
An Acl to prevent felons tranfports from other States coming into or A. D. 1787.
rcfiding in this. ° 37 ."
I, [) E it enabled by the freemen of the State of Georgia in general affembly met, Felons tranf-
?[3 and by the authority of the fame, In order to prevent the dangerous evils arifing j^r countries
from communication with felons tranfported from other States or nations whereby or States, m.t
the morals of many who would otherwife be good citizens may be corrupted, that e0^e >e0f 0pra0fo
from and immediately after the paffing of this act no perfon or perfons, felons from or trutt, or any-
other countries or States, tranfported or banifhed from the fame, for any crime or ges 0f a free.
charge whatever, fhall be eligible to any nod or office of truft or profit, or be other- man in this
wife entitled to any of the privileges, immunities, or liberties of a freeman or freemen
of this State, and on proof of the fame by one legal evidence, or by the authentic
certificate under the feal of any State, nation, corporation or court from whence he,
(he, or they may be banifhed or tranfported, fuch felon or felons (hall be by warrant
and mittimus, under the hand of the chief juftice of the State, or one of the juftices
of the court where fuch proof fhall be eftablifhed, committed to the common gaol of To be comraitr-
, -ii-i 1 -i • . ed to the coro-
the county without bail or mainpnze, there to remain until a convenient opportunity mon ^o\ and
may be procured by the honorable the executive, to" fhip or otherwife fend off fuch ther_c t0 remain
felon or felons from and without the limits of this State, never thereafter to return : fent 0ff;
And in cafe fuch felon or felons fhould after fuch fhipping or fending off return within Not to return-
the limits of the fame, he, me, or they fhall on conviction fuffer death without "nd7 Pa!" of
. ' . death without
benefit of clergy. Provided neverthelefs, on fuch firft proof of tranfportation fuch benefit of clergy
offender or offenders charged as felons as aforefaid, fhall not be debarred the right of Provifo.
trial by jury, and fhall be allowed every right of evidence to counteract fuch proof.
WILLIAM GIBBONS, Speaker.
Augtfa, February IO, 1 787.
An A£l to repeal and amend Jome part of an ail for regulating the militia of this State. No. 379$.
February 10, 1787.
Repealed by ac? of 1 792, No. 468.
An A8 for enabling the United States of America to commence and profecute atlions or No. 38^
fuits in any of the courts in this State, for the recovery of their common rights and
interejls.
February 10, 1787.
Obfolete, See federal confitution.
An Ac! for the appointment of commiffioners to run the line defignatinv
the Indian hunting grounds.
WHEREAS disorderly perfons regardlefs of the lives and happinefs of the good
citizens of this State who are fettled on the frontiers, and in open violation
to the law, have prefumed to furvey and mark lauds beyond the temporary line between
No. S8T-
364
DIGEST OF THE
A. D. 1787.
No. 381.
The temporary
boundary line
between the
white.- inhabi-
tants and the
Creek Indians.
Commiflioners
named and ap-
pointed to trace
and mark the
fame in con-
junction with
the Creek coiyi-
miffioners.
The faid line
defig'nated as
heretofore efta-
blifhed.
The faid com-
miflioners in ex-
ecution of this
law are not to
regard any lines,
furveys, or
grants, and to
make a return
to the executive
of all lands fur-
veyed beyond
the line which
may come to
their know-
ledge.
Perfons furvey-
ing, or attempt-
ing to obtain
grants for lands
beyond the tem-
porary line, be-
fides the penal-
ties in the land
law of 17R3 fliall
be fubjedttofine
and corporal
punifhmenc at
difcretion.
Pi-ovifb.
Not to exceed 500
lathes, or be lei's
than 100 for the
tirlt offence, for
the fecund adjudg-
ed guilty of felony.
All (urveys fo
made, or grants
obtained, declared
null and void, and
perfbns any way
concerned therein,
liable to all the
pains and forfeit-
itres mentioned in
land acts of i 783
and [784.
the white inhabitants and the Indians : And whereas at the late treaty with the Creek
Indians it was among other things agreed, that commiflioners mould be mutually ap-
pointed clearly to mark in every part the temporary line defignating the Indian hunting
ground, Be it enabled by the reprefentatives of the freemen of the State of Georgia in general
afembly met, and by the authority of the fame ', That James White, Jofeph Haberfham,
Arthur Fort, James Armftrong, and Jared Irwin, efquires, be, and they are hereby
appointed in behalf of this State, in conjunction with the commiflioners on the part
of the Creek nation, without delay to trace and mark, in a plain and confpicuous man-
ner, the temporary boundary line as heretofore eftabliflied, that is to fay, from the
Canokee mountain in the direction of the prefent temporary line, from Tugalo river
till the fame fhall ftrike the head or fource of the main direct ftream of the fouth
branch of Oconee river, called alfo Apalaches, by which is to be underftood the main
fork of Oconee river next above Little river, to which faid fouth branch aforefaid the
general affembly, in laying out the counties of Wafhington and Franklin in one thou-
fand feven hundred and eighty-four fir ft gave the name of South branch of Oconee,
thus known and eftabliflied by law, and regarded as fuch by the good and faithful
citizens of this State down the faid South branch of Oconee to the mouth of the Oak-
mulgee where the fame empties into the Oconee, and from the mouth of the Oak-
mulgee as aforefaid, in a direct line to the head or fource of the St. Mary's river j
The faid commiflioners in the execution of this law are not to regard any lines, furveys,
or grants of defigning and difhoneft fpeculators, made by tortured and perverfe con-
ftruction of the land laws of this State, but are to govern themfelves by the plain and
direct exprcflion of this act, and fhall return to the executive a lift of the names^ of
all perfons who fhall have furveyed or marked lands beyond the line herein defcribed.,
fo far as the fame fhall come to their knowledge.
II. And be it further enabled by the authority aforefaid, That any perfon or perfons
who fhall hereafter be guilty of marking, furveying, or attempting to furvey, or
obtain grants for any lands beyond the temporary line defignating the Indian hunting
ground, in addition to the pains and penalties provided in the land law of one thou-
fand feven hundred and eighty-three to which they are fubject, fhall be liable to a fine
and corporal punifhment at the difcretion of the court, before which they are con-
victed. Provided, the fame fhall not. exceed five hundred, nor be lefs than one
hundred lafhes for the firft offence, and for the fecond offence fhall be held and ad-
judged guilty of felony : The commiflioners herein appointed fhall, before they enter
upon the bufinefs of their appointments take an oath, to be adminiftered by his honor
the governor, truly and faithfully to difcharge the duties required of them in this act.
III. And whereas notwithstanding the moft pofitive laws to the contrary many
perfons, from defign or accident, have run large quantities of land, and obtained
grants for the fame, fouthward of the prefent temporary line between the good citizens
of this State and the Indians, and expect to hold the fame when a ceflion of faid land
can be obtained, Be it therefore enaBed by the authority aforefaid, That the furveys or
grants for fuch land be confidered, and they are hereby declared to be null and void
and of no effect watever ; and the perfon who from defign aforefaid have been guilty
of
LAWS OF GEORGIA. 365
of running the faid lands, or anywife concerned therein, are hereby declared to have A. D. 1787.
incurred all the pains, penalties, and forfeitures mentioned in the land acts of one °' 3 l'
_- . r r 1 The nemss of the
thoufand feven hundred and eighty-three, and one thoufand feven hundred and eighty- fin-veyors and
luuu.ui" 0 j j . , . - chain carriers (nail
four ; and in all furveys that may or fhall hereafter be made within the temporary be annexed wail
line of this State, the name or names of the furveyor and chain carrier fhall be an- hereafie r n>a|e
nexed to each plat.
TV And be it further enabled. That the law, dated the thirteenth day of February, The aa of 1786 for
-"■*./ * ' ' , ' ' the appointment ot
one thoufand feven hundred and eighty-fix, fo far as refpe&s the appointment of ^"j^^tim
agents in the Indian nation, be, and the fame is hereby repealed. repealed.
WILLIAM GIBBONS, Speaker.
Augujla, February 10, 1787.
An Ordinance for the appointment of deputies from this State for the No. 382.
purpofe of rcuifing the Federal Conftitution.*
BE it ordained by the reprefeniatives of the freemen of the State of Georgia in general Commiffioners
afembly met, and by the authority of the fame, That William Few, Abraham n^eddfj apT
Baldwin, William Pierce, George Walton, William Houftoun, and Nathaniel Pen- ties from this
dleton, efquires, be, and they are hereby appointed commiflioners, who, or any State f f ^f
two or more of them, are hereby authorized as deputies from this State to meet ing the Federal
fuch deputies as may be appointed and authorized by other States, to affemble in
convention at Philadelphia, and to join with them in devifing and difcuffing all fuch
alterations and further provifions as may be neceffary to render the federal conftitu-
tion adequate to the exigencies of the Union, and in reporting fuch an act for that
purpofe to the United States in Congrefs affembled, as when agreed to by them,
and duly confirmed by the feveral States, will effectually provide for the fame. In
cafe of the death of any of the faid deputies, or of their declining their appoint-
ments, the executive are hereby authorized to fupply fuch vacancies.
WILLIAM GIBBONS, Speaker,
Atigufa, February 10, 1 787.
* See the conftitntion in the appendix.
Conftitution.
An AB for raifing f applies . No. 38 j
October 31, 1 787.
Obfolete. ______
An Ac~l for fuppr effing the 'violences of the Indians. \ No. 384.
I. 3 E it enabled by the reprefeniatives of the freemen of the State of Georgia in general the Creek Indians
J_) afembly met, and by the authority of the fame, That from and immediately after «it the proteiaion
pafiine of this act the Creek Indians fhall be confidered as without the protection of ful to p1" w. a«La*
r " O A or canrure the laid
this I'"^3"5*
f See alterations made by act of 1788, No. 3.90, and adt of 1789, No. 432, for difcharging the troops
Tailed under thefe adts, and allowing additional compenfation.
\66
DIGEST OF THE
A. D. 1787.
No. 384.
1500 men to be
enlifted — how
officered.
Provifo.
Each man to
fubfcrihe an
oath.
The form there-
of.
To what rules
and regulations
fubject.
The governor
empowered to
rail'e two regi-
ments of vo-
lunteers of 750
men each to be
officered in like
manner, and
i'ubjedt to the
fame rules.
The faid offi-
cers and men,
when to embo-
dy, parade, &c.
Provifo.
The infpeclor
general requir-
ed to infpecT:
fuch troops in
like manner as
theStatetroops.
Their returns
how to be made
Entitled to the
feine bounties of
laid.
this State, and it fhall be lawful for the government and people of the fame to put
to death or capture the faid Indians wherever they may be found within the limits of
this State, except fuch tribes of the faid Indians which have not, or fhall not here-
after commit hoftilities againft the people of this State, of which the commanding
officer (hall judge.
II. And be it further enacled, That fifteen hundred men be enlifted as foon as may
be, to ferve until peace is eftablifhed with the Indians, to be formed into two regi-
ments, confifting of feven hundred and fifty men each, each regiment to be divided
into ten companies, and that a colonel, lieutenant colonel and major be appointed to
a regiment, and a captain, two lieutenants, four fergeants, and one drummer and one
fifer to a company, and to act for the defence of the State, and fhall be fubject to
the orders of the governor for the time being, and all other their fuperior officers :
Provided, That at the time of enliftment each man fhall take and fubferibe the fol-
lowing oath : " I, A B. acknowledge and folemnly fwear that I have voluntarily
enlifted in the company of the State troops of Georgia to ferve until peace
fhall be eftablifhed with the Indians, and that I will be faithful to the State and obe-
dient to my officers."
III. And be it enacled, That the State troops raifed under this act fhall be fubjeet
to all the rules and regulations herein after contained, except the 25th article, and
that the following be fubftituted in lieu thereof, viz. That no perfon fhall be fen-
tenced to fufFer death except for defertion, mutiny, or giving intelligence to the
enemy, nor fhall receive more than one hundred lafhes for one crime, nor imprifon-
ment for more than forty days, and Hi all be fubject to cafhiering and degrading.
IV. And whereas from the remote diftance of the refidence of Congrefs from this
State, it may fo happen that other and more numerous forces may be necefiary to
be raifed before the aid of the Union may arrive for fuppreffing the violences of the
Indians. Be it therefore enacled by the authority aforefaid, That it fhall and may be
lawful for his honor the governor in council to raife two regiments of volunteers to
confift of feven hundred and fifty men each, and to have officers conformable to the
rules pointed as aforefaid, which officers and men fhall at all times, when in actual
fervice, be entitled to the rations herein after eftablifhed, and the officers and men
intended to be embodied as aforefaid fhall be under the following rules and regulations.
[Thefe are omitted, the articles of war being inferted in the appendix.]
V. And the faid officers and men fhall at all times embody, parade,, and march in
ten days notice, as fhall be directed and required by his honor the governor or the
commanding officer : Provided that no perfon be received into either of the faid
regiments, unlefs well armed and accoutred, and otherwife fit for actual fervice.
VI. And be it alfo enabled. That the infpector general fhall be empowered and
required to view all fuch troops in like manner as the State troops ; and the officers
of the faid regiments fhall in like manner make returns to the infpector general, at
the end of every month, when in actual fervice : And all officers and men embodied
3s aforefaid, and ferving at all times when required,, during the prefent war, and
obtaining a certificate to that end at the eftablifhment of a peace, fhall be entitled
to the bounties of land in like manner as is herein after pointed out, and allowed
to
LAWS OF GEORGIA. 367
to the State troops : And the infpector general, and one or more general ofhcers A- D- r?87-
fhall be a board with authority to examine and give certificates to the officers and pmlficaVto the
men that may embody as aforefaid, at the expiration of the period aforefaid : Provided begWeiVbyThH™
ahuays, That nothing herein contained fhall extend, or be conftrued to extend to a'uu'geiferai^ffi-
preclude the men intended to be embodied by this act from doing militia duty at p'r'ovifo.
fuch time or times as they may not be ordered out by the commanding officer to
parade in battalion.
VII. And whereas it may io happen that certain perfons have run and furveyed All lands with-
lands without the limits of the refpective counties of this State as eftablifhed by law, cut the r.efP"*
1 . ; tivecountiesde-
and for which grants may have been furreptiticufly claimed : Be it enabled^ That all dared vacant.
lands without the limits aforefaid are hereby declared to be vacant, any warrant, 0fiea ^"aT'of
furvey or grant, to the contrary notwithftanding; and that a tract of land lying and land.
comprehended within a line to be drawn from the moft fouthern ftream of the fouth
fork of Oconee, commonly called the Appalachee in the neareft direction to the
head or fource of the main ftream of Flint river, down the faid river including all the
ifiands of the fame to the confluence of the Chatahouchee and Flint river, thence
eaftwardly to the head or fource of St. Mary's, to the confluence of the rivers Oconee ^cciTaUonofUor'
and Oakmulgee, and thence up the river Oconee to the head or fource of the moft ted'for^hebou"-
northern ftream of the Appalachee, or fouth fork where this line begins, fhall be "roVs;
referved and at the ceflation of the hoftilities with the Indians appropriated to, iiLTfhai'ibeax-
and for the allowances and bounties of and for the faid officers and troops; and no Wlic meantime,
warrants, furvey or grants fhall be obtained for any part of the lands within the ^troojls haV<Ai
faid referve by any perfon whatever, until fuch hoftilities fhall ceafe, and all fuch FngXeTrtomuies
officers or troops fhall have a preference in laying their bounties within the faid referve."1^
referve.
VIII. And be it alfo enac7edt That the faid bounties fhall not interfere with a cer- The raid bounties
tain quantity of land in the vicinity of thofe Indian towns which are and fhall con- with the t».*n*o?
. 1 ■ 1 • 11 • • n friendly Indians;
tinue to be friendly, which quantity fhall be determined by a future legitlature. the hounds of
* , " " . , which to be deter-
IX. And be it further enacted by the authority afore/aid. That all the allowances and ™'med °y llie le"
•' * ; . . giditure.
bounties to the officers, and bounties to the faid troops fhall be made and alloted in B()anties in what
the following proportions : To a colonel, one thoufand two hundred acres ; to a aTiottedT"
iieutenant-colonel, one thoufand one hundred acres ; to a major, one thoufand
acres; to a captain, nine hundred acres ; to a firft lieutenant, eight hundred acres ;
to a fecond lieutenant, feven hundred and fifty acres ; non-commiffioned officers,
feven hundred acres ; and to privates well armed and accoutred, fix hundred and forty
acres ; and any general officer or officers called into fervice • for being
fhall have < further allotments made to him or them in the following proportions ;
to a major-general, one thoufand five hundred acres ; and to a brigadier-general, one
thoufand four hundred acres ; and that the ftaff officers taken from the line, fay,
brigade-majors, adjutants and quarter-maftersbe allowed in addition two hundred and
fifty acres each, for extra fervices ; the aids du camp to the commander in chief be
allowed the rank and emoluments of a lieutenant-colonel ; aids du camp to major and ^"tQdbeappofntS
brigadier generals be allowed the rank and emoluments of a major; that an adjutant- Mm^uotadco"
general lonel-
368
DIGEST OF THE
A. D. 1787.
No. 384.
Ami Ibxli allow-
ances 2nd bounties
to be made in good
faith to the differ-
ent officers and i'jl-
•Jiers.
The governor with
the advice of the
executive council,
empowered to en-
ter into certain en-
gagements with
the people in
Franklin for fup-
preiling the holti-
lities of the In-
dians.
Xlieir bounties to
t)e paid out of the
traft of country
called the Bent of
Tennellee.
Provifo.
The number not
to exceed 1500.
Provifo.
One infpe&or
general with
the rank and e-
nioluments of
colonel — his du-
ty.
A commifTary
of iffues, with
the like rank
and emolu-
ments to be alfo
appointed— his
duty.
Rations to be
jfiued by him in
what propor-
tion.
How corapofed
No pay to be
allowed for re-
tained rations.
general be appointed by the executive with the rank and emoluments of a colonel ;
and fuch allowances and bounties {hall be made in good faith to the different officers
and foldiers as foon as may be after the cefTation of hoflilities and reftbration of peace.
X. And be it ena&ed by the authority aforefaid, That it fhall and may be lawful for
his honor the governor with the advice of the executive council for the time being
to enter into fuch engagements with the people in Franklin as may be confidered ne-
ceffary for fuppreffing the faid hoflilities of the Indians and to engage on the part of
the State, that for all the officers and privates that fhall be actually engaged in the
accomplifhing the above purpofes, the faid bounties fhall be made and given as are
herein before directed by this act, to the officers and troops to be raifed for this State \
alfo an additional bounty of fifty acres, on every one hundred acres in lieu of rations,
and all other claims againfl the State out of and upon the tracl: of country commonly
called the Bent of Tenneffee within this State : Provided that the number do not ex-
ceed fifteen hundred in addition to thofe already empowered to be raifed upon this
a£l : And provided alfo) that the right of pre-emption on all furveys heretofore made
by the authority of this State fhall be firfl fet apart.
XI. And be it further enaffediTh.zt an infpector-general, with the rank and emolu-
ments of a colonel fhall be appointed, whofe duty it fhall be to caufe monthly reviews
of the different regiments and corps in actual fervice, to commence the firft day of every
month ; and alfo to examine into the arms, ammunition, camp equipage, and all other
public ftores, noting the Hate thereof, and fee that they are fatisfa£lorily accounted
for agreeably to the monthly returns made to him : And a commifTary of iffues with
the rank and emoluments of colonel fhall alfo be appointed whofe duty it fhall be to
keep a clear and correct regifler of all fupplies and provifions delivered into his cullody
with proper columns diftinguifhing in each the times, quantity and fpecies by him re-
ceived ; he fhall keep a fair, clear and correct account of all iffues in his department,
with columns diftinguifhing the name of the officer commanding each company, with
the number of men each day in a£lual duty, alfo the name of the colonel of the regi-
ment to which fuch company do belong, together with the iffues that may be made
to the officers on acSlual duty as herein after is pointed out, that is to fay : To a major-
general, or commanding officer ten rations, to a brigadier-general five rations, a
colonel three and one half rations, a lieutenant-colonel three rations, a major two and
one half rations, a captain two rations, fubaltern officers one and one half rations,
non-commiffioned officers and privates one ration, general flaffofficers three rations,
deputies in the faid departments one and one half rations ; which faid rations fhall be
eompofed of the following articles, that is to fay : Three quarters of a pound of faJt
beef or pork, or one and one half pound of frefh beef, or one pound of frefh pork,
one pound and one quarter of rice, flour, or meal, one gill of fpirits, and one gill
of fait to every five rations ; and no perfon whatfoever fhall be allowed pay for retained
rations, nor drawn back rations for more than three days ; he fhall hire boats, wag-
gons and teams at fuch rates as fhall be approved by the executive, and his honor
the governor in council fhall have power and authority to draw warrants on the trea-
sury for fuch fum or furas as may be, or fhaU be required for deputies, laborers,
coopers*
LAWS OF GEORGIA. 36*9
coopers, or tranfportation in favor of the faid commiffary of iffues and during the A. D. 1787.
recefs of the legiflature, the executive fhall at all times have full power and autho- No. 384.
rity to direct and approve of the numbers of boats, teams, and number of perfons
that fhall be requifite in the faid department $ he fhall keep an exact regifter of all
teams, and perfons employed in his department, diftinguifhing by proper columns
the place or places they are directed, to proceed to noting the time and condition of
payment, that in every pay-roll the name and employment of every perfon be inferted
at full length ; and for each team the pay-roll fhall be figned by the waggon matter,
and in like manner to be figned by all other perfon or perfons that may be employed
as aforefaid, and thereafter fhall be referred to the infpector general to examine and
regifter the fame, and after being certified by him fhall be a voucher to authorize
the governor in council to draw on the treafurer for payment of the fame ; he fhall
alfa procure from the captains or officers commanding each company daily returns
of the iffues for each company, and fhall alfo on the firft day of every month exhibit
a clear and perfect ftatement of the iffues that may be made within the fame, with
columns diftinguifhing the number and rank of officers, and number of privates, and
alfo columns for the different articles that compofe a ration, and on the laft day of
every month fhall prefent the faid ftatement to the commanding officer, to be com-
pared with his returns, and after being by him certified, the fame fhall be delivered
to the infpector general, who fhall examine the fame ; he fhall keep a fair and correct
regifter of every other official tranfactions, to the -end that fuch fupplies may be
fully known and accounted for.
XII. And be it alfo enafted, That a director general in the medical department, A diredor ge-
with the pay and emoluments of a colonel fhall be appointed, who fhall have power pointed, with
to nominate and recommend the furgical affiftance neeeffary in his department, and the pay and e-
who (hall report the number to the executive for their approbation of that body ; he colonel— his
fhall keep a fair and correct regifter, to be made up the laft day in each month, in powersandduty
which he fhall enter the name of each perfon to whom medical or furgical aififtance
may be administered, together with the company and regiment to which he belongs, His affiftants to
and each affiftant as fhall be approved as aforefaid fhall have the pay and emoluments liaje the, pay
rr . an" emolu-
of lieutenant-colonel, and each fhall make monthly returns of all official tranfactions ments of lieute-
in his department to the infpector general. nant colond-
XIII. And be it enabled., That the command of a brigadier-general fhall confift of The command
■not lefs than one thoufand men, a colonel three hundred and fifty, a lieutenant-colonel offo^o^vhlt
of two hundred and fifty, a major one hundred and fifty, a captain feventy-five, and number of men
■r , , ~ J J * . • to conM.
a iubaltern twenty-nve.
XIV. And be it enaFtid 'by the authority aforefaid, That the commanding officer fhall Friendly traders
at all times give full protection to all traders within the towns or tribes of the Creek t0 eProte
Indians, who fhall produce Satisfactory proof of his friendfhip to this State, and all
fuch perfon or perfons as fhall have traded within the fame, fince the conclufion of
the late war, except fuch perfon or perfons as fhall be found in arms againft the
fame.
A a a XV.
37°
DIGEST OF THE
A. D. 1787. XV. And be it further enatled, That his honor the governor with the advice of the
No. 384. executive council fhall make fuch arrangement of the forces to be raifed, as may
jnake fuel, ar- admit of corps of artillery and cavalry, where fuch officers and men fhall find horfes
rangeinentSM* < lie -1 -in 1 1 r r 1 /■
iwces to Ik- raifed without charge to the State, artillery and horfes for the fame excepted.
as to admit or ° . r . ,-,-„
corps of cavalry. XVI. And be it further enaBed by the authority aforefaid, That no State foldier be
entitled to' -Mi allowed a bounty as aforefaid, who does not rendezvous at fuch place as the executive
re"' 'rendezvous at may appoint, completely armed and accoutred, on or before the firft day of February
ed by the esecu- next : And provided always, That no perfon deemed a deferter fhall be entitled to any
armed, etc. bounty named in this act. And that this act fhall be and continue in force for the
Beferters not emi- government of the faid troops, until a peace with the Indians is eftablifhed and rati-
slenriuncu indi» ^ by the legislature of this State, and fo far as the fame refpe&s bounties fhall be
continuation. Handing and perpetual.
&£?%£?£ WILLIAM GIBBONS, Speaker.
Mdpeibpeeiuail. "1B Augu/la, October 31, 1787.
KSSHT33
No. 385. An Act to regulate the militia of /this State, and for other purpofes therein mentioned.
October 31, 1787.
Repealed by ad of 1 792, No. 468.
— — ilium
A.D. 1788.
No. 386. An Acl to empower the delegates of this State in Congrefs ajfembted,
to Jign, feal and deliver a deed of cejfion to the United States, of
certain ivejlern territory belonging to this State*
Application of "^"^ 7"HEREAS the United States in congrefs afTembled, did on the twentieth
uSuefiknof W day of Odober, one thoufand feven hundred and eighty-feven, reprefent
territory. to the States of North Carolina and Georgia, the advantages that would refult to the
union from a liberal ceffion of territory. And whereas this State is defirous of
adopting every meafure which can tend to promote the intereft of the United States,
The delegates Be it therefore enatled by the reprefentatives of the freemen of the State of Georgia in gene-
of this state em- ra/ afreml,u met and by the authority of the fame, That it fhall be lawful for the delegates
powered to fell -". J J r i , i i , r ,
and convey to of this State, or any two or more ol them, and they are hereby fully authorized and
SuteFthe^itle emPowerecl, f°r and on behalf of this State, by proper deeds or inftruments in writ-
of this state as ing under their hands and feals, to convey, transfer, aflign and make over unto the
Tsfurifdiftionof United States, for the ufe and benefit of the faid United States, Georgia inclufive, all
certain territory right, title and claim, as well of foil as jurifdiction, which this State hath to that
territory or tract of country within the limits of the State of Georgia, fituate, lying
The boundaries and comprehended within the boundaries herein after defcribed, that is to fay, be-
thereof, ginning at the middle of the river Chatahouchee or Appalachecola, where it is inter-
fected by the thirty-firft degree north latitude ; and from thence due north one hun-
dred
% * See refolution of congrefs rejs&ing the propofed ceffion, appendix page , and declaratory part of
a<5l of 1795, No. 52Q.
LAWS OF GEORGIA. 371
dred and forty Britilh ftatute miles, thence due weft to the middle of the river Mif- A, D, 1788.
fifiippi, thence down the middle of the faid river to where it interfec~ts the thirty-firft No- 386.
degree of north latitude, and thence along faid degree to the beginning : Provided, Pr°vi&'
that the United States in congrefs aflembled, {hall guarantee to the citizens of the
faid territory, a republican form of government, fubject only to fuch change as may
take place in the federal conftitution of the United States : And provided alfo, That Provifo.
the navigation of all the waters included in the faid ceflion fhall be equally free to
all the citizens of the United States, nor (hall any tonnage on veffels or any duties
whatever be laid on any goods, wares or merchandize that may pafs up or down
either of the faid waters, unlefs for the ufe and benefit of the United States : Pro- Provifo.
vided alfo, That the fum of one hundred and feventy-one thoufand four hundred and TerHls of »ale'
twenty-eight dollars, and forty-five ninetieths of a dollars, which has been expended
in quieting the minds of the Indians, and refilling their hoftilities, (hall be allowed
as a charge againft the United States, and be admitted in payment of the fpecie
requifitions of this State's quota, that have been or may be required by the United
States. And alfo. That in all cafes when this State may require defence, the expences
arifing thereon fhall be allowed as a charge againft the United States, agreeable to
the articles of the confederation. And provided, That congrefs (hall guarantee and Pr0V1'0'
fecure all the remaining territorial rights of this State, as pointed out and exprefled
by the definitive treaty of peace between the United States and Great Britain ; the
convention between this State and the State of South Carolina, entered into the
twenty-eighth day of April, one thoufand feven hundred and eighty-feven ; and the
claufe of an act of this State, defcribing the boundaries thereof, palled the feventeenth
day of February, one thoufand feven hundred and eighty-three.
II. And be it further enatled by the authority aforefaid, That the act, entitled t( An The a<5l laying
act for laying out a diftrict of land fituate on the river Mifiiffippi, and within the ^ Bourbon re-
limits of this State into a county to be called Bourbon," palled the feventh of Febru- pealed.
ary, one thoufand feven hundred and eighty-five, be and the fame is hereby repealed.
NATHAN BROWNSON, Speaker.
Augujla, February l, 1788.
An Acl to extend the limitations of aclions, and for other purpofes No. 387..
therein mentioned.*
WHEREAS it will be found highly inconvenient from the embarraffing cir- Preamble,
cumftances under which this country has been lately placed, that the acts
for the limitation of actions mould operate fo as to bar any perfon or perfons of their
juft rights and claims :
I. Be it enabled by the reprefentatives of the freemen of the State of Georgia in general Enafled.
ajfembly met, and by the authority of the fame, That nothing in the faid act of limita- anions extend-
tions contained {hall in any wife be conftrued to prevent any perfon or perfons from ed*
inftituting their actions and recovering their juft rights and claims who was or were
entitled
* Reviled and coHtinued by adt of 1790, No. 438, fed. 14.
372 DIGEST OF THE
A. D. 1788. entitled to the fame, at or upon the twelfth day of July, in the year of one thoufand
Thr°riodo7ftime feven hundred and eighty-two, but that all that period of time between the twelfth
j»]tweie82tUaiid2ift c'ay °^ Juty> *n tne year one thoufand feven hundred and eighty-two, and the firft
iTiaUn<'Jili\he ^aY of January, one thoufand feven hundred and eighty-feven,f fhall be taken out of
Jfmetu»ta°nnot% tn^ computation of time fo as not to affect the rights of actions of thofe who may
afdons'nf thic-Cf have been entitled to the fame on the twelfth day of July, in the year firft aforefaid..
uth<ju<iy/hef'1111 II- And whereas the time limited in an ad, entitled " An act to render eafy the
mode of conveying lands and for making valid all deeds and conveyances heretofore
that may be deficient in point of form," and for other purpofes therein mentioned,
has not allowed fufficient time for fome of the purpofes for which it was intended,
The time limit- Be it therefore enaEled by the authority aforefaidy That no deed of feofFment, bargain,
fne deeds^aiid anc^ ^e> ^ea^"e an<^ releafe, or other conveyance of lands and tenements bona fid? y<
other convey- executed as directed by the faid recited act, fhall in any wife be affected by reafon
heretoforemade °^ W$ fame n°t being regiftered or recorded inthe refpective offices where the lands
extended two fie agreeably to the faid aft; but that every perfon or per fons fhall, and he or they
paillno- of this hereby have full liberty and power to regifler or record his or their deed or deeds
a<^* of conveyance of lands and tenements aforefaid, at any time within the term of two
years from the date hereof; and the faid deeds fo regiftered or recorded as laft
aforefaid, are hereby declared to be good and valid in law and equity, according
to the true intent and meaning thereof, any thing in the before mentioned act not-
withflanding,
NATHAN BROWNSON, -Speaker,
Augufia, February I, 1788.
f The fpace of time further extended. See ad of 1790, No. 438, feel. 14.
No. 388. Jin ASi to ejlablijh an academy in the county of Chatham , and far
vefing certain property in Selina, Countef Dowager of Hun-
tingdon*
Preamble. "W THERE AS the education of youth has. been found in all ages to be of the
y ^ mod effential cOnfequence, and been known to be highly beneficial to
Ena&ed mankind, and ought to be one of the firft objects of public attention. Be it therefore
An academy to enaEled by the reprefentatives of the freemen of the State of Georgia in general afembly met,,
cl^.foich^- and by the authority of the fame, That an academy or feminary of learning he erected
ham under the % the faid county, at fuch place as a majority of the truftees herein after appointed,.
truftees.n ° fhall think fit, and that the faid truftees Or a majority of them fhall proceed to tranfact.
the bufinefs of the faid academy.
IT. And whereas the eftatef called Zuberbuhler's, lately the property of the Reve-
rend Bartholomew Zuberbuhler deceafedj was devifed by the faid. Bartholomew for
•'benevolent purpofes, and the fame not having been carried into full execution, and
appearing
* See ad of 1793, No. 453, explaining this ad.
■\ So much of tbis ad as relates to Zuberbuhkr's eftate repealed by ad of 1789, No. 405.
LAWS OF GEORGIA.
313
appearing to be impracticable : Be it therefore enafted by the authority aforefaid, That
the faid eftate known and diflinguifhed by the name of Zuberbuhler's eftate, in the
faid county of Chatham, be immediately from and after the pafTmg of this aft taken
by the fherifF of the faid county of Chatham, and put into the poffeffion of the truf-
tees hereby appointed for the faid academy, and it fhall be lawful for the faid truf-
tees or a majority of them, to apply the nett annual proceeds of the faid eftate to-
wards erecting the faid academy and carrying the intention of this act into full effect;-
and if there is any other property belonging to the faid eftate except the plantation
fettled near Newington village, adjoining lands of David Rees, the fame fhall be fold
for fpecie, twenty days notice being firft given of the fale thereof, and the. monies
"arifmg therefrom fhall be applied towards erecting and fupporting the faid academy :
Provided neverthelefs, That nothing herein contained fhall bar the claim of any perfon
who is legally the heir of the faid Zuberbuhler.
III. And whereas there is in this State a very confiderable property, as well real
as perfonal known and diftinguifhed by the name of Bethefda College, or orphan
houfe eftate, originally intended for an academy, and devifed in truft by the late
Reverend George Whitefield, for literary and benevolent purpofes, to Selina, Countefs
of Huntingdon. Be it enaEted by the authority afore/aid, That the faid eftate be veiled
in the faid Selina,:]: Countefs of Huntingdon, any law to the contrary notwich-
ftanding.
IV. And whereas the faid eftate of Bartholomew Zuberbuhler has for many years -
pad been in the hands of agents or executors, to whom as well as to other creditors,
the faid eftate may be indebted, or from whom fums of money may be due to the faid
eftate,. Be. it enabled, That as foon as the faid eftate is vefted in the aforefaid truftees,
they are hereby authorized and required to call upon fuch executors, agents, or credi-
tors for a full and juft ftatement of their accounts, and upon a liquidation of them
immediately to difcharge the debts that may be due,, or make fuch fettlements as
(hall be mutually agreeable to the faid truftees, and fuch executors, agents or credi-
tors \ and if the executors, agents, or other perfons fhould be indebted to the faid
'eftate, the faid truftees are empowered and directed to profecute to effect any action
*©r actions either for debt or on account, as the cafe may require, according to the
•forms of law againft fuch debtor or debtors.
V. And whereas, the late Bartholomew Zuberbuhler, did by his laft will and tefta-
'ment appoint certain perfons as executors to carry the fame into effect, Be it enacled,
That the truftees aforefaid be authorized upon a final fettlement with the faid exe-
cutors to difcharge them from all the inconveniences- of the faid truft, if they have
"acted conformably to the faid will.
VI. And whereas, There may be in the faid county of Chatham lands unlocated
and not granted, Be it further enabled. That all fuch vacant lands not contained with-
in any tract for which a grant has been obtained, be referved for the ufe of the faid
academy or feminary of learning, Provided, That the quantity of vacant land thus
teferved fhall not exceed five thoufand acres.
VII,
\ Since her death. vefted in truftees for a college by ael of 1751, No. 4J3.
A. D. 1788.
No. 388.
Zuberbuhler's
eftate vefted in-
the truftees for
the ufe of tlis
fame.
Provifo.
Not to bar the-,
legal claim of-
the heir. .
The orphan
houfe eftate veft-
ed in Selina,
countefs of
H u-ntingdon.
The truftees au-
thorized to fet-
tle the accounts
of the faid Zu-
berbuJiler's ef»
tate.
His executors
relieved from
their truft.
All vacant lands-
in the faidcoun-
ty referved for
the ufe of -the
academy.
Provifo.
Not exceeding
5000 acres,
374
DIGEST OF THE
A, D. 1788.
No. 388.
loooi. worth of
conii fated proper-
ty CO be alio put
into the hands of"
the truilees.
The truilees
named and ap-
pointed.
Vacancies how
to be filled.
All act"; making
appropriations for
the laid academy,
repealed.
VII. And be it further enabled, That one thoufand pounds fpecie of confiscated
property lying in the county of Chatham, be put into the hands of the faid truftees
by the fheriff of the faid county, or fuch other officer as may be in the lawful poffef-
fion of fuch property, or legally entitled to fuch poffeffion.
VIII. And be it enabled by the authority afore/aid, That the following perfons be, and
they are hereby appointed truftees for the faid academy, viz. John Houftoun, John
Haberfham, William Gibbons, fenior, William Stephens, Richard Wylly, James
Houftoun, Samuel Elbert, Seth John Cuthbert, and Jofeph Clay, junior, efquires.
IX. And be it further ejiatled by the authority aforefaidy That if either of the truf-
tees before nominated fhould refufe to accept fuch appointment, or if after his
acceptance he fhould refign or die, his place fhall be fupplied in the following man-
ner, viz. The remaining truftees, or a majority of them, fhall nominate three per-
fons, one of whom fhall be appointed by the executive to fupply the vacancy.
X. And be it further enabled by the authority aforefaidy That all a£ts appropriating
any fums or allotments for faid academy be, and the fame are hereby repealed.
NATHAN BROWNSON, Speaker.
Augiifia.y February 1, 1 788.
No. -ooo.
No. 389.
Commiflioners
of court houfes
and gaols to be
appointed by the
fuperior court.
Tht monies a-
rifing from li-
cenles, fines, &c.
to be applied in
buildingand re-
pairing the fame
The faid com-
miflioners to ac-
count every
term with the
court.
An AEl to vefl certain property in Anne Stuart.
February 1, 1 788.
Private.
An Acl for the better regulating of taverns ; and for ejlablifhing a
fund for building and keeping in repair the court houfes and gaols
in the counties of this State*
I. II. X^ ELATING to taverns — repealed by act of 1791, No. 459.
_|_\, III. And be it further enabled. That the judges of the fuperior court in
each county fhall as often as they think proper appoint three or more difcreet perfons
to be *commifTioners of the gaol and court houfe, which faid commiflioners or one of
them fhall receive the monies arifing from licenfes in their refpe£Uve counties, fines
of defaulting jurors, fines impofed by the court, and the forfeiture of recognizances,
to be a fund fet apart in each county under the direction of the judges for building-
and repairing the gaol, court houfe, pillory and flocks, and for the fupport of pri-
foners ; and the faid commiffioners fhall exhibit their accounts on the firft day of each
term to the judges, ftating in a clear and precife manner all the money by them
received, from whom and for what, as alfo all the monies paid by them to whom
and for what purpofe, which faid account if approved of fhall be lodged in the clerk's
office for the free lnfpe£tion of the inhabitants.
IV.
* Court houfes and gaols now under the direction of the inferior courts except in Chatham. See acl of 1 7.96,
No. SS5- Query as to Richmond— fee a& of 1795, No. 52.9.
LAWS OF GEORGIA. 375
IV. And be it further enaEled, That the faid commiffioners fhall give bond with fe- A. D. 1788.
curity to his honor the governor for the time being in the fum of two hundred pounds 3 9'
; c i , i . r» i • i Tn g've bond and
for the faithful performance of the duties required of them by this act, which bond ffa.writyw.Ae go.
fhall be taken in the prefence of the court and lodged in the clerk's office.
NATHAN BROWNSON, Speaker.
Augufta, February 1, 1788.
vcrnor.
An Ac~l to amend and repeal certain parts or claufes of an acl, entitled, No 390.
44 An aft for fuppreffing the violences of the Indians " pcffed the
thirty-firjl day of Oclobery one thoufandfeven hundred and eighty-
feven.
WHEREAS the aforefaid recited act ordered and directed that the number of Preamble.
fifteen hundred men be enlifted on the terms and conditions therein men-
tioned, which faid terms have been found inadequate, and are not fufficient for the
purpofes intended, Be it therefore enabled by the reprefentatives of the freemen of the State Enacted.
of Georgia in general affembly met, and it is hereby anaEled by the authority of the fame, encouragement
That for the further encouragement of the raifing and enlifting the troops of this- of raifing the
State, an additional allowance be made for the firft feven hundred and fifty men, certain clothing
(including the regular troops of chis State now raifed) who fhall enlift, befides the aliowe(i them.
bounties given in the aforefaid a£t, that is to fayj each fold ier fhall receive one com-
pleat fuit of clothes, confiding of one hat, one cloth coat, one waiftcoat, two pair of
overhalls, one pair of fhoes, one blanket, two fhirts, and one black (lock.
II. And be it further enacled^ That the time for enlifting the State foldiers be pro- The time for
longed from the firft day of February next, to the thirtieth day of March next, any fn!|f"?g F°"
thing in the afore recited act notwithftanding.
III. And whereas it will tend to fill up the regiments intended to be raifed, and'
eafe the citizens of this State, to fuffer perfons liable to military fervice under the-
militia law, to enlift fubftitutes ; Be it further enaSied, That any fuch three perfons Perfons furnifh-
liable as aforefaid, who will furnifh an able bodied recruit, to ferve during the war, g"fmp" ""^
well armed and accoutred as aforefaid, fuch as fhall be approved of by the infpector militia. . duty.
general, fhall be exempt from all militia duty during the prefent war with the Indians,
any thing in the militia act to the contrary hereof in any wife notwithftanding : And Such recruits al-
the faid recruits fhall be allowed a bounty of land in like manner as the State troops, )orw,cd f bou"ty
. . / . r 01 land in like
and become a part thereof after being delivered up to fome officer belonging to the manne? as the.
faid regiments, and that thofe foldiers- received as fubftitutes- in the volunteer regi- fohecomea^t
ments, be annexed to the State troops. thereof.
IV. And be it alfo enaSled by the authority aforefaid, That the commanding officers Captains and
of regiments fhall have a right to nominate their officers ; and that any man bringing to be appointed.-'
in his refpective quota, that is to fay, for a captain, thirty-five men ; for a firft lieute^ »nd commit-
nant, twenty-five men-, a fecond lieuteuant, fifteen men •, on completion and review
of the fame, commiffions fhall be figned by. his honor the governor, giving a prefer-
ence..
376 DIGEST OF THE
A. D. 1788. ence to the man parading his quota firft : And where it (hall fo liappen that two or
No. 390. more companies ihall be reviewed at the fame time, then the rank of fuch officers,
{hall be determined by lot by the executive, confining fuch rank to their refpective
lines.
The governor V. And be it further enafted by the authority nforefaid, That his honor the governor
empowered to m councii De empowered to draw on the treafury for a fum not exceeding: three thou-
draw. out of the * . _ ' . <- 1 » . -
treafury not ex- fand pounds, for the purpole of clothing the troops to be raifed by virtue of this act,
ceeding £3000 NATHAN BROWNSON, Speaker.
for the purpole * *
of clothing the Augufa^ February 1, 1788.
troops.
No. 391. An Acl to amend an acl, entitled, "An acl for the punifhment of va-
gabonds, and other idle and diforderly perfons" pajfed the twenty-
ninth day of February, 1 764.
Preamble. j# "IT IT 7" HEREAS divers idle and diforderly perfons, having no vifible eftate, or
yW lawful employment, and who are able bodied men capable of laboring
for their fupport, yet frequently ftrole from divers parts of the world to this State,
and from one county to another within the fame, neglecting to labor or to follow anv
honeft employment for their fupport, and either failing altogether to lift themfelves
as tithables, or by their idle and diforderly life, rendering themfelves incapable of
paying their levies when lifted, by which means they become a peft to fociety ; for
♦ Enacled. remedy whereof, Be it ena&ed by the reprefentatives of the freemen of the State of Georgia
Perfons deemed in general ajfembly met^ and by the authority of the fame , That all able bodied perfons,
va£a not having fome vifible property fufficient, or who follow fome honeft employment
fufficient for the fupport of themfelves and for their families (if any) and who fhall be
found loitering and neglecting to labor for reafonable wages ; and likewife all perfons
who run from their habitations, and leave wives or children without fuitable means
for their fubfiftance, and all other idle vagrants, or diforderly perfons wandering abroad
without betaking themfelves to fome lawful employment or honeft labor, fhall be
deemed and adjudged vagabonds.
How to be Ik -^"d be it further enaEtedby the authority of or ef aid t That if any fuch vagabond as
treated. aforefaid fhall be found within any county in this State, wandering, ftroling, loiter-
ing about, or rnifbehaving himfelf, it fhall be lawful for any juftice of the peace of
the county, on application to him made, or on his own knowledge ; and he is hereby?
required, by a warrant under his hand to caufe fuch vagabond to be brought before
him, and to examine and inform himfelf as well by the oath and examination of the
perfon apprehended, as of any other perfon or perfons whatfoever, or by any other
ways or means the juftice fhall think proper, of the condition and circumftance of
the perfon or perfons fo apprehended, and if it fhall then appear that any perfon fo
apprehended is under the defcription of vagabonds within this act, or if it doth appear
upon trial that any fuch perfon doth not cultivate at leaft three acres of ground in
fome grain or other, or that he is of fome mechanic trade, and works at that trade
for
LAWS OF GEO?. G I A. 377
for his fupport, or that he is in fome honeft employment engaged by the State, or. A. D. 1788.
fome citizen thereof of good fame, that then and in that cafe, the faid juftice mall No- 391-
caufe every fuch vagabond to give bond with fufficient fecurity, for his good behavior,
and for his engaging himfelf to fome lawful calling, or honed labor ; and if he fhali
fail to give fuch fecurity, to the fatisfa&ion of the juftice, then the faid juftice is
hereby required to commit him to the common gaol of the county, there to remain
until fuch fecurity be given, or until the next fuperior court of the faid county ; which
court is hereby empowered if no fecurity be then offered to bind fuch vagabond to
fervice, or wages for the term of one year, and fuch wages after deducting the charge
of the profecution, and his neceffary clothing fhall be appiied towards fupporting the
family of fuch perfon fo bound (if any) or otherwife paid to the perfon himfelf after
his time of fervice is expired, in full of all other rccompence or reward whatever ;
but if any fuch vagabond be of fuch evil repute that no perfon will receive him into
fervice, in fuch cafe the court fhall order him a number of lafhes not exceeding thirty-
nine, to be well laid on his bare back, at the public whipping poft, and then to be
difcharged; and in both cafes every fuch vagabond fhall be afterwards liable to the like
profecution and punifhment for every offence of vagrancy whereof he {hall be guilty
as aforefaid : Provided nevertheless, that any fuch vagrant, or idle perfon upon his en-
lifting, and taking the oath pointed out by law, and fully becoming a foldier in the
new levies, fhall be exempted from the punifhments heretofore and herein infiicled
by this a£t.
III. And whereas it may be that fome evil difpofed perfons, after having committed
fome felonious crime againft the laws and good order of fome one of the States in the
union, and after being apprehended and found guilty of the charge, fo far as to be
committed to gaol, or to have been bound in a recognizance to appear before any
court of record for further trial, and have fince either broke gaol or from the cuftody
of the officer, or have forfeited their recognizance, and have fled from the laws of
the State where the crime was committed, and have come to this State for refuge,
to the great prejudice of the fame, Be it therefore enacled by the authority aforefaid, That Criminals flee-
any perfon now within the limits of this State, or that may hereafter come within the sutes°ad judged
fame, who may have been found guilty of any felonious crime prior to his coming vagrants, fub-
within this State, fo far as to have been committed -to gaol for the fame, or to have ind penalnes'of
been bound in a recognizance to appear before any court of record for further trial, this law, and to
and has fince broke gaol, or from the cuftody of the officer, or have forfeited their gd0l until ap-
recoenizance, and have fled from the laws of the State where the crime was com- Plied f?r' or
• • r r rout fent to the State
mitted and done; in any fuch cafe the faid perfon or perfons mail be deemed and where the crime
adjudged vagrants, and fubject to all the pains and penalties expreffed in this law, wascommiUed'
and (hall be confined in gaol until applied for by the executive authority of the State
where the crime was committed, or until the executive of this State (hall find it
convenient to fend fuch offender or offenders under a fafe guard to the State where
the crime was committed and done.
NATHAN BRQWNSON, Speaker.
Auguflay February I, 1788.
B b b An
7§
DIGEST OF THE
A. D. 1788.
No. 392.
An Ail for the ratification of certain agreements made and entered
into by commiffioners appointed by the legiflatures of Georgia and
Carolina, for the purpofe of fettling certain difputes relative to
boundary.
Certain agree-
ments with the
State of South
Carolina rela-
tive to bounda-
ry made and
done in conven-
tion at tleauforc
Ratified and
confirmed.
No, 393.
|[ J"HEREAS by an ordinance patted by the legiflature of this State, commif-
fioners were appointed aud authorized to meet other commiffioners fimi-
larly appointed by the State of South Carolina ; And whereas the faid commiffioners
or a majority of them from each State were vefted with full powers to fettle all
differences, controverfies, difputes and claims which fubfifted between the two States,
relative to boundary ; And whereas they conformably to thofe powers, did on the
twenty-eighth day of April, in the year one thoufand feven hundred and eighty-feven,
in convention at Beaufort, in the State of South Carolina, by certain inftruments of
writing to which the faid commiffioners interchangeably fet their hands and affixed
their feals, make mutual conceilions and agreements for the purpofes aforefaid : Be
It therefore enabled by the reprefenlatives of the freemen of the State of Georgia in general
ajfembly met, and by the authority of the fame, That whatever was done by the faid com-
miffioners or a majority of them as aforefaid, is hereby ratified, and (hall be consi-
dered a.s binding upon the citizens of this State, any law to the contrary notwith-
standing.
NATHAN BROWNSON, Speaker.
Augufla, February I, 1 788.
February 1, 1788.
An Act for laying a tax for the year 1788.
No. 2,3 :i-
No.. 395.
Preamble.
An AEl to admit George Walker and others, to practice in the courts of law and equity,
within this State..
February r, 1788.
Private.
«
An AB for repealing certain parts of the acl of confifcation and
banifhmeni.
"HEREAS the legiflature cf this State by an acl: paffed the fourth day of
May, one thoufand feven hundred and eighty-two, at Augufta, entitled
An acl for confifcating and banifhing certain perfons therein mentioned," did con-
Enacled. fifcate the property of Nathaniel Polhill, his heirs, devifees and affigns, and the pro-
The aft of con- perty 0f paui Mc.Cormick, John Thomas, Peter Edwards, and James Butler, and
nifhment fo far did banifh the faid perfons from this State •, Be it enacted, That as far as the faid acl:
as refpedh Na- Qc COnfifcation and banifhment refpecls Nathaniel Polhill, his heirs, devifees and
thamel Polhill, • . X
repealed aUigns, be, and is hereby repealed.
II
LAWS OF GEORGIA.
379
II. And be it further enacted by the authority aforefaid, That one half of the efhte of A- D- l7%%-
Nathaniel Polhill, unfold by the commiffioners of confifcated property, be veiled in Haifqf wf^iat
Elizabeth Nowland, widow of faid Nathaniel Polhill, and her heirs. «terunn|izab«i!
III. A.:d be it enabled, That the property of the faid John Thomas, which remains EK*? *ad ''"
unfold, be, and it is hereby vefted in Elizabeth Sharp wife of John Sharp, junior, and Ce,rtai? property
_ ■ *• r J r'J» vetted in Elizabeth
the property of Paul Mc.Cormick, which remains unfold, be, and it is: hereby veiled MSn£cfcF'"an"*
in Frances Mc.Cormack and her heirs.
FV. And be it further enabled, That as for the aforefaid acl of confifcation and The raid aft fc for
banifhment, refpecling the banifhment of the faid Peter Edwards and Tames Butler. <,tl,er twfons re-
James Jackfon, John Douglas, William Corker, James Ingraham, Thomas Waters,
and John Johnfton, be, and is hereby repealed.
NATHAN BROWNSON, Speaker.
Augufia, February I, 1788,
pealed.
An Ac! to extend the time for receiving fupplies, under an aB pajfed the ^ijl day of Oblober No. 396.
1787, and for other purpofes therein mentioned.
February 1, 1788.
Obfolete.
An Ac! to admit Alexander Stephens, and others, to the rights of No. 397.
citizenjhip.
WHEREAS Alexander Stephens has petitioned the legiflature of this State to
be admitted to the rights of citizenfhip, and his petition has been fupported
by the recommendations of a large number of citizens, Be it enabled by the reprefenta- Certain perfons
fives of the freemen of the State of Georgia in general ajfembly met, and by the authority of jf hts"^/0' --
the fame, That the faid Alexander Stephens be, and he is hereby admitted to all the zenfiiip.
rights and privileges of citizenfhip exercifed within this State.
II. And be it further enabled by the authority aforefaid, That Ifaac Herbert, Thomas
King and Duncan Manfon, 'be alfo admitted to the privileges of citizenfhip within
the faid State.
III. And be it further enabled, That Charles Murray, Efq. of Madeira, be entitled
to all the rights, privileges, and immunities of a citizen of this State, in like manner
as if he had remained in America during the laft war.
NATHAN BROWNSON, Speaker,
Augufia, February 1, 1 7 88.
An
38o
DIGEST OF THE
No. 398.
A. D. 1788. An Acl to amend and repeal certain parts and claufes of " An acl for
regulating the trade, laying duties on all goods, ivares, liquors,
merchandize and negroes, imported into this State ; and alfo an
impojl on the tonnage of flipping, and for other purpofes therein
mentioned"
Fees of pilotage. Ill
No. 399.
Preamble.
Enacted.
Commiflioners
named and ap-
pointed for the
academy of Li-
berty county,
with power to
fell confifcated
property to the
amount of 1000/
for the ufe of the
fame.
To give bond
and fecurity to
the governor.
E it further enaBed, That every mafter or owner of any vefTel, entering or
clearing in any port in this State, {hall pay the feveral fees of pilotage
agreeable to law, if a pilot is offered, (except the conftant coafting velTels to and
from Charlefton) and they fhall pay half pilotage if they take no pilot, and whole
pilotage if they take one \ and the faid fees fhall be paid at the time of clearance, any
former law, cuflom, or ufage, to the contrary notwithftanding.
So much of this a8 as relates to trade and duties on imports, nonv under the regulation of Congrefs.
The remainder, refptcling health officer and quarantine, fee acl of 1789, No. 430, and acl of 1 793,
No. 485.
NATHAN BROWNSON, Speaker.
Aagujia, February I, 1788.
An Acl for eflablifloing an academy or feminary of learning at Sunbury
in the county of Liberty.
WHEREAS the legislature in compliance with the conftitution, and from the
great advantages that neceflarily refult from the eftablifhment of public
feminaries, did by their refolve of the fourteenth of February, one thoufand feven
hundred and eighty-fix, appropriate or fet apart unfold confifcated property, in the
county of Liberty aforefaid, to the amount of one thoufand pounds, and empower
certain commiffioners therein named, to fell and difpofe of the fame for the faid
purpofe, who ,have hitherto delivered adding under the faid appointments. Be it
therefore enaBed by the freemen of the State of Georgia in general affembly met, and by
the authority of the fame, That Abiel Holmes, James Dunwoody, John Elliott, Gideon
Doufe and Peter Wynn, be, and they are hereby appointed commiffioners of the
Sunbury academy, with full power and authority for them or a majority of them to
fell and difpofe of any confifcated property within the county of Liberty, at public
fale, firfl giving thirty days notice in one of the gazettes of this State, to the amount
of one thoufand pounds as aforefaid, which fhall remain in their hands to be appro-
priated to the building a fuitable houfe for the faid academy.
II. And be it further enaBed, That each of the faid commiffioners fhall previous to
their acting, give bond to his honor the governor for the time being, in the fum of
one thoufand pounds, for the faithful difcharge of faid truft, and for their returning
into the public treafury of this State, any monies arifing from the faid fale of con-
fifcated property which may remain in their hands over and above the fum by this
a£f, veiled in them.
NATHAN BROWNSON, Speaker.
Augufla, February 1, 1783* An
LAWS OF GEORGIA.
ifti
Commiflioners
named and ap-
pointed for the
town of Brunf-
wick—-a furvey
of the fame to
be recorded.
An Aft to appoint commifftoners for the town of Brunfwick) in the A. D. 1788.
county of Glynn. °° 4°0'
I. *3 E it enaBed, and it is hereby enaBed by the reprefentatives of the freemen of the
\ J State of Georgia in general affembly met, and by the authority of the fame, That
Henry Ofborne, George Handley, Chriftopher Hillary, John Braddock, William
Stephens, John Houftoun, General Lachlan Mc.Intofh, and James Seagrove, be, and
they are hereby appointed commiflioners* for the town of Brunfwick, who, or a
majority of them {hall have power after giving three months notice in the gazette to
re-furvey or caufe to be re-furveyed, the faid town of Brunfwick, as near as poflible
to the original plan or furvey, and which furvey when fo made fhall be recorded in
the office of the furveyor general, and alfo in the office of the furveyor of the
county of Glynn.
II. And be it further enaBed, That the faid commiflioners, or a majority of them,
{hall have power to fell at public vendue, at fuch times and places as they fhall
think proper, all or any of the vacant lots in the faid town (except fuch as were
originally referved for the public ufe) firft giving four weeks public notice of fuch
fale or fales, and the monies arifing therefrom fhall be applied under the directions of
the faid commiflioners, to the building and fupport of an academy in the faid town,
and to no other purpofe whatever.
III. And be it further enaBed by the authority aforefaid, That in cafe of the death,
or refufal to act of any of the commiflioners aforefaid, his honor the governor, by
and with the confent of the executive council fhall appoint fome other perfon or
perfons in his or their room and dead ; and the commiflioners aforefaid, or any of
them, fhall not take or receive any fee or reward for their fervices whatfoever.
IV. And be it further enaBed by the authority aforefaid, That nothing herein con-
tained (hall afreet the right or title of any perfon or perfons claiming or holding a lot
or lots within the faid town, as laid down in any former legal plan thereof.
NATHAN BROWNSON, Speaker.
Augufla, February I, 1788.
* Oiher commiffioners appointed by acft of 1796, No j.59.
Empowered to
fell vacant lots,
(except thofe
originally re-
ferved for pub-
lic ufes) for the
ufe of an acade-
my in the faid
town.
Vacancies, how
to be filled.
Not to affect
claims to lots
under any for-
mer legal plan.
An Acl to erecl a court houfe and gaol in the county of Franklin.
No.
401.
WHEREAS there is no court houfe and gaol in the county of Franklin, and Preamble
the fame is neceflary,
I. Be it therefore enaBed by the reprefentatives of the freemen of the State of Georgia
in general affembly met, and it is hereby enaBed by the authority of the fame, That a court
houfe and gaol be erected in the faid county of Franklin, at fuch place as a majority
of the commiflioners herein appointed fhall direct, and that the fum of two hundred Franklin: £250
and fifty pounds be allowed for building the faid court houfe and gaol, and that his t-he treafury £i°r
honor the governor do draw a warrant on the treafurer in favor of the faid commif- the fame.
uoaers.,
Enacted.
Court houfe and1
gaol to be built
in the county of
&* DIGEST OF THE
A. D. 1,788. fionew, for the fum of two hundred and fifty pounds as aforefaid, to be .paid out -of
No 401. any monies now in the treafury.
Coinmiffioners IL And he H further enaHed, That *Larkin Cleveland, Thomas Payne, John Ar-
iiamed .and »p- rington, John Payne and Samuel Gardner, be the commiffioners to carry this act
into effect, and that a majority of the faid commiffioners be at all times aurhorized
to proceed to bufinefs :
xTfive bond Providedy That the faid commiffioners do give bond and fecurity to his honor the
and fec'urjty to governor, for the faithful performance of the iruit repofed in them.
the govcrnor> NATHAN BROWNSON, Speaker.
Augtifa) February 1, 1788.
* Other commifiioners appointed by acl of 1791, No. 45 a.
An Acl tofequre to Ifaac Briggs and William Longjlreet, for the term of fourteen years
the fsle and exclufve privilege of ufw.g a newly conflr titled fleam engine, invented by
them.
February 1, 1788.
Private.
A. 0.1789. -— — — — — —
No. 403. An Atl for appointing the time, manner and places for holding eletlions for reprefentatives:
in congrefs.
January 23, 1 789.
Ohfolete.
No. 404. An Aci to admit Richard Dickinfon, Thomas Edward Dorfey, and others therein men-
tioned, to prablice law in any of the courts of law and equity within this State.
February 1, 1789.
Private.
No. 4C5. jn jff $0 alter^ amend and repeal certain parts of an aB9 entitled
" An acl for efablifhing au academy in the county of Chatham, and
for <vefiing certain property in Selina, Count efs Dowager of Hun-
tingdon."
Preamble. "\% THEREAS the truftees of the academy for the county of Chatham have re-
VV prefented, that the eftate called Zuberbuhler's eftate, hath not been put
into their hands agreeably to the directions of the above recited aft, but is in the
pofTefnon of Bartholomew and Jacob Walburger, who claim the fame as heirs at law
of the reverend Bartholomew Zuberbuhler, deceafed : And whereas it is provided in
the faid aa, that nothing therein contained {hall bar the claim of any perfon who is
legally the heir of the faid Zuberbuhler.
I.
LAWS OF GEORGIA. 383
I. Be it enabled by the reprefentatives of the freemen of the State of Georgia in general A. D. 1789.
effembly met, and by the authority of the fame, That fo much of the faid aft, entitled, Enjdtf/'
"An act for eftablifhing an academy in the county of Chatham, and for vetting certain So much of the
property inSelina, countefs dowager of Huntingdon," paffed the firft day of February, ttgZtcltemy
one thoufand feven hundred and eighty-eight, as directs and authorizes the fheriff of in the county of
the faid county of Chatham to take the eft-ate called Zuberbuhler's eftate, lying and SSfiKJe?
being in the faid county of Chatham, and to put it into the hands of the truftees buhler<s cfliate;
therein named ; and alfo fo much of the faid act as atprefent direds the faid truftees "***
to apply the net annual proceeds of the faid eftate towards erecting the faid academy,
be, and they are hereby feverally repealed.
II. And be it alfo enabled, That the truftees of the academy for the faid county of The tn.fl<cSofti,&-
Chatham be diiected without delay and they are hereby empowered as truftees to cwmfwe'liffor
inftitute a fuit of ejectment againft the faid Bartholomew and Jacob Walburger, by *&&& Ba^io- ,
which their or either of their right to the faid *eftate, as heir at law of the faid'Zu- waiburgerfX
berbuhler may be determined. aiiAciaiTOtiiefame"-
III. And be it further enabled, That the faid Bartholomew and Jacob Walburger, Boftd^ncTfecu.
cr one of them fhall within thirty days altera demand for that purpofe, give bond Viyl w be gh,ea'
•■Lrai'r--irrr "Y theiri to ac-
witn lurhcient lecunty in the fum of four thoufand pounds, payable unto the faid count with the
truftees and their fucceflbrs in office, conditioned fairly to. account for and pay unto ^mSmc^?*6
the faid truftees, immediately after the final determination of the action herein di- their claim,
reded to be commenced, the amount of the net annual proceeds of the faid eftate,
and for every wafte committed thereon, from the time of their en.try into the fame :
Provided, their claim to the faid eftate as heir or heirs fhall be found invalid or in
words to that effect.
JOHN POWELL, Speaker.
AugMJia, February 3, 1789. ,
* This eftate. is veiled in the heirs of Jacob Waldburger, deceafed, byadlcfi7gij No. 449. .
An At! to prevent frauds in the making of lumber. . No. .^5,
February 3, 1789.
Repealed by aft of 1790, No. 445;
An Aci to amend and repeal certain claufes of "An aclfor regulating
the trade, laying duties on all goods, -wares, liquors, merchandize
and negroes imported into this State, and alfo an impoft on the
tonnage of /hipping, and for other purpofe s therein mentioned"
WHEREAS it is found from experience that the duties laid on goods, Wares*
liquors, merchandize and negroes, and alfo the impoft on the tonnage of
(hipping arriving within this State is inefficient and inadequate to the purpofes inten-
ded, by the faid act, for remedy whereof,. Be it enabled by , the rebrefentaiives of the ■
free men, t
No, 407,'
3^4
DIGEST OF THE
A. D. 1789. freemen of the State of Georgia in general ajfembly met, and by the authority of the fame,
No. 407. That from and after the paffing of this aft, the following duties (hall be paid and le-
1 onnage to be r o ,
paid on all vef- vied for the ufe of this State upon all goods, wares, liquors, merchandise and negroes
fels- imported into any part of this State, and the following impoft on the tonnage of all
vefTels arriving within the fame, that is to fay. (The rates of duties omitted the fame
being under the regulation of congrefs.)
as.per.tonacconL- Qfl vefjeis an impoft of two {hillings per ton according to carpenters meafure.
The'm^eriumof H. For the ereding, eftablifhing and the iupport of a feamans holpital in bavan-
£wA*$ nah> and for the cIearing of Savannah river of its wrecks, and alfo for the erecting
SSllS **' Hght-houfes and eftablifhing pilots within this State, Be it enacled, That the further
fum of one milling per ton on all (hipping entering any of the ports within this State
lhall be paid, and applied as by the afore recited aft is dire&ed.
Aft to be in III. And be it further enacled, That this ad (hall be in force and virtue immediately
io.ce until con- f tne j^fW 0f the fame until the United States in congrefs affembled (hall by
grefs (hall dirt. <ft * ° ,
otherwifc. their act order otherwife, and no longer.
JOHN POWELL, Speaker.
Augujla, February I, 1789-
No. 408. An A'cl to prevent the clipping and mutilating the current coin of
this State.
Preamble. "^ "IT THERE AS the moft mifchievous confequences are daily experienced by the
YV good, citizens of this State, from the nefarious practice of clipping and
Enacled. mutilating 'the circulating fpecie thereof; to prevent the fame, Be it enacled by the
Gold and filver reprefentatives of the freemen of the State of Georgia in general ajfembly met, and by the
coin of full authority of the fame. That all gold and filver coin of full weight (hall pafs current
wciPntj to pnis J J J °
by tale. by tale within this State.
Perfons cutting H. And be it further enabled, That if any perfon or perfons fhall prefume to cut,
t0ieToTnIcaurnrfnt clip, or mutilats the gold or filver coin current in this State, after the firft day of
in this State, to March next, he, fhe, or they fo offending, and fhall be lawfully convi&ed thereof,
firft" ofi&ce hG mall forfeit for the firft offence the fum of one hundred pounds, one half to go to the
£ioo, and for informer, and the other half to go to the ufe of the academy within the county or
LfFer^dea tr/ls counties where fuch offence may be committed ; and for the fecond offence, on con-
felons. vicTion before any court of judicature having cognizance thereof, he, (lie, or they
fhall, and are hereby declared guilty of felony, and fhall fuffer death without benefit
of clergy.
JOHN POWELL, Speaker.
AuguJJa, February 3, 1 789.
MBNHBBMBI
No. 40?. Jin Ad for granting pardons to Budd Bailey and Nicholas Green, now under fen fence of
death, in the common gaols of the counties of Chatham and Richmond upon certain condi-
tions therein mentioned.
February 3, 1789.
Private. An
LAWS OF GEORGIA. 385
An Ac~t to redeem the paper medium of this State, A- D- I789«
r l y No. 410.
WHEREAS it is neceffary and expedient from the injury which has arifen to
individuals, and for the reftoration of public credit, that meafures be taken
to redeem and take up the current medium, now in circulation in this State.
And whereas five thoufand pounds of the faid paper medium appropriated1 in the £5000 of die
treafury towards a finking fund agreeable to a refolution of the twenty-fecond inftant, Paper meduun
' . . burnt agreeably
has been burnt under the inflection of the committee of finance, the amount and re- to a refolution.
fpective denominations of which, to be certified by the treafurer, and entered on the
minutes of the general afTembly.
I. Be it therefore enabled by the reprefentatives of the freeman of the State of Georgia in The further fum of
J J r J J J J J & 5000!. of the tax of
general affembh met, and by the authority of the fame, That the further fum of five thou- the cum-iK year,
«-> V J ' J J J J and four fuccc-ilive
fand pounds of the tax, of the current year, and of four fucceffive years thereafter be years thereafter to
» * ' ' ' be appropriated in
appropriated in like manner as aforefaid, and annually burnt, uiiJef the regulations like '?,a*"" ar
rr tr ' J ' 0 annually burm.
nd
herein before pointed out.
II. And be it enabled by the authority aforefaid, That from and immediately after the So much of the
United States in congrefs affembled (hall or may pafs-any act or acts for laying im- the famT^rS
pofts, or laying direct taxes within this State, then and in that cafe fuch part or lates to impofts '
parts of the act, entitled, "An act for emitting the fum of fifty thoufand pounds pa- t0 be repealed,
per medium, and for other purpofes therein mentioned," that relate to receiving im-
pofts or duties as aforefaid be, and the fame is hereby repealed.
III. And be it enabled by the authority aforefaid, That the time for taking up the faid The time for
current medium of this State be extended until the fifteenth day of January, one fai d medium ex -
thoufand feven hundred and ninety-four, and fhali continue to be a tender* in all cafes tended until
r-ni-ncr i • i IS"'i January,
except for impofts and direct taxes as aforefaid, any law to the contrary notwith- i7/>4.
(landing. Continuation o£.
° i, the tender.
JOHN POWELL, Speaker.
Augufla^ February r, 1789.
* Tender discontinued by act of the fame year, No. 426.
An A3 for the relief of John Ferrie, and other perfons therein mentioned. *" ' 4Jr*
February 3, 1789.
Private.
An AB to repeal fome part % and to amend other parts of "Aw a ff to Noi 4*3;.
regulate the infpeclion of tobacco."
I. II. III. IV. V. T> E- ENACTED with alterations by act of 1791, No. 457.
JL\. VI. And whereas feveral petitions have been prefented to
the prefent general affembly, praying the eftnblifhment of other infpections within this
State, Be it therefore enacted by the authority aforefaid, That the following infpections btfuiw|Wwri*r"iiUe=
be, and the fame are hereby eftablifhed under the fame regulations as thofe already [hffe"ihnor *nearr
C c c eftablifhed. Au£^
33<5 DIGEST OF THE
A. D. 1789. eftablifhed in or near the town of Augufta : On John Shelman's lot of ground in
No. 412- Louifville ; on fome public lot in the town of Wafhington, or fuch other lot in the
In the town of * c
LoBjfvine. faij town as the commiffioners of the academy in the county of Wilkes may point out :
In the town or > ' 1 * '
waOungton. ou tfte \zri(\ 0f general Tohn Twiggs, at new Savannah, near the mouth of Butler's
At New Savan- 6 . J 66 » »
nah. creek, and on lands of Henry Arrington at the fame place j on the lands of Robert
N«rGtShwiso'f Forfyth in the town of Galphinton ; on the lands of Arthur Fort, near the falls of
at' Reid's Ogechee ; and on the lands of George Handley and Chriftopher Hillary, at Reid's
Ogechee
And
bluff.
bluff.
JOHN POWELL, Speaker.
Augufa, Februarys, 1 7 89.
No. 413. An Atl for itnpofing a tax for the year 1 789.
February 4, 1789.
No. 414. An Ac! for the better regulation of bridges^ roads and ferries.
E it enabled by the reprefentatives of the freemen of the State of Georgia in general
affembly met, and by the authority of the fame, That from and immediately
after the palling of this a£t, the *fuperior courts of this State fhall, in their refpeclive
counties, have full power and authority to order roads, ferries, or bridges, at any
place or places where the fame fhall in their judgment be found neceflary for the ufe
of the public.
The remainder of this and the other fefiions omitted, relate only to roads and bridges, repealed by
a8 of ijgzi No. 478.
JOHN POWELL, Speaker.
Augufla, Februarys, 1789.
• The fuperior courts are authorized to eftablifh ferries by acl of 1797, No. 597.
No. 41?. An Atl for annexing certain iflands to the county of Glynn,
Certain iflands J, ~1T% £ it enabled by the fenate and houfe of reprefentatives of the State of Georgia in
county of Glynn jL3 general affembly met, That all the iflands on the fouth fide of the Alatamaha
to the river Little Satilla and St. Andrew's Sound, together with Great and Little St.
Simon's, Long Ifland and the Hunting Iflands, be, and the fame are hereby annexed
r to, and declared to be a part of the county of Glynn.
SEABORN JONES, Speaker of the Houfe of Reprefentatives.
NATHAN BROWNSON, Prefdent of the Senate.
EDWARD TELFAIR, Governor.
December 20, 1789.
An
LAWS OF GEORGIA. 387
An Acl to vejl certain property in Rachael Johnfton and her children. A. D. 1789.
December 8, 1789. No 416.
Private.
An Acl to regulate the form and manner of holding eleclions for mem- No. 417,
bers to reprefent the inhabitants of this State in general affembly.
THIS ad: was amended by aft of 1790, No. 434, and both are re-ena8ed with alterations by
a3 0/1796, No. 572.
VIII. And be it further enabled, That all laws heretofore paffed for regulating All former laws
elections (hall be and the fame are hereby repealed. regulating dec-
SE ABORN JONES, Speaker of the Houfe of Reprefent atives. ^^ ■ * ■'
N. BROWNSON, Prefident of the Senate.
EDWARD TELFAIR, Governor.
December 8, 1789.
An AB for difpofing of certain vacant lands or territory within this No. 418.
State.*
WHEREAS divers perfons from the State of Virginia,, North Carolina, and Preamble.
South Carolina, have made application for the purchafe of certain tracts
and parcels of land, lying and bordering on the Tennefiee, Tom or Don, Bigby,
Yazoo and Miffiffippi rivers, within this State, and have offered to engage to fettle
the "fame, a part of which territory has been already fettled on behalf of fome of
the applicants, under and by virtue of an act of the general affembly of this State,
bearing date the feventh day of February, one thoufand ieven hundred and eighty-
five, at Savannah, entitled " An act for laying out a diftrict of land fituated on the
river Miffiffippi, within the limits of this State, into a county to be called Bourbon:"
Now therefore, be it enabled by the fenate and houfe of reprefentatives of the State of Enacled
Georgia in general affembly met, That all that tract or part of territory of this State, The boundaries
within the following limits, to wit, Beginning at the mouth, of Cole's creek, on the °-f a tradl ?*/.""
TiirTrrr • • 1 1 i r ■ ? i ,- ,- ntor.y within
JVIiliiihppi,. continuing to the head fpring or fource thereof, from thence a. due eafl this state.
courfe to the Tom or Don Bigby river, thence continuing along the middle of the
faid river up to the latitude thirty-three, thence down alone the latitude thirty-three „ ,. ,
1 i- 1 • r -\ rr ■ • ~.t ^ * K»ferved as pr«.
bounding on the territory ot the Virginia Yazoo Company, a due weft courfe to the SW°n f"r the
•liiriit/frr/T-'i' South Carolina Ya-
middle of the Miffiffippi, thence down the middle of the Miffiffippi to the mouth of Zw ri,">i><™y for
,,.-.. . rr two years from 1 he
Cole s creek aforefaid, and containing about five millions of acres, (hall be referved JoSin^'a^'
as a pre -emption for the South Carolina Yazoo Company for two years from and on°°£a^enteot-
after the paffing of this aft; and if the faid South Carolina Yazoo Company fhall, thSfJry'wi'f"
within the faid term of two years, pay, into the public treafury, of. this State,, the governo.lolm.e'a
grant of the t\\d
amOUnt territory to the
jierfijns named and
* A difpute having arifen betwetn the purchafers and the State about the mode of payment} the pre-emptien tl,e,r affl,"s«*.7
expired without payment having actually been made, and no grants were gaffed.
38 8 DIGEST OF THE
A. D. 1789. amount of fixty fix thoufand nine hundred and. iixty- four dollars} then it fhall be
No. 418. lawful for the governor at the time being, and he is hereby empowered and directed
to fign and deliver a grant in the ufual form, to Alexander Moultrie, Ifaac Huger,
. . William Clay Snipes, and Thomas Washington, Efquires, and the reft of their' aflb-
fciates, and to their heirs and affigns for ever, in fee fimple, as tenants in common,
all the tract of land included in the aforefaid boundaries.
Boundaries of II- And be it further enafted, That all that tract or part of territory of this State, in-
the territory re- eluded within the following limits, that is to fay, Beginning at the mouth of Bear
ferved in like & x1 . J7 ° ° ' . •_ ■
manner for the creek, on the fouth fide of the Tennefiee river, running thence up the faid creek to
ugim azoo }iea(j or fource thence a due weft courfe to the Torn or Don Big-by, or Twenty
company^, con- . * . ■ . . fc> /' /
taining fev*n Mile creek, thence down the fame to the latitude thirty-three, thence along the 'faid
latitude, bounding on the South Carolina Yazoo Company's line, a due weft courfe
to the middle of the Mifliifippi, thence up the faid river, in the middle thereof, to
the northern ^boundary of this State, thence along the faid boundary line a due eaft
courfe to the Tennefiee river, thence up the middle of the faid river to the beginning
thereof, and containing kven millions of acres, fhall be referved as a pre-emption
for the Virginia Yazoo Company, for the term of two years from and after the paffing
Amount to be of this act ; and if the faid company fhall caufc to' be paid into the public treafury of
dollars!'1"4 this State, within the faid term of two years* the amount of ninety-three thoufand
feven hundred and forty-one dollars, then it fhall be lawful for the governor at the
time being, and he is hereby empowered and required to fign and deliver, in the
ufual form, a grant of the aforesaid tract of land to Parrick Henry, David Rofs,
William Cowan, Abraham B. Venable, John B. Scott, William Cock Ellis, Francis
Watkins, and John Watts, Efquires, and the reft of their afTbciates, and to their
heirs and affigns for ever, in fee fimple, as tenants in common of all the tract of
land included in the aforefaid boundaries.
Boundaries of a III. And be it jurther enabled, That all that tract or part of the territory of this
rv referved"'in State, included within the limits following, to wit : Beginning at the mouth of Bear
like manner for creek, on the fouth fide of the Tennefiee river, in the latitude of thirty-four degrees
Comoany, con- forty-three minutes, running thence up Bear creek to the head or fource, thence a
taining three due weft courfe to the Torn Bigby or Twenty Mile creek, thence down the faid
and a half mil- - 1 1 • ' 1 1 • r 1 '1 t n
lion of acres. BigDy or I wenty Mile creek to the latitude thirty-four degrees, thence a due ealt
courfe one hundred and twenty miles, thence a due north courfe to the northern
boundary line of this State, thence a due weft courfe along the northern boundary
line to the Great TennefTee river, thence up the middle of the faid river Tennefiee to
the place of beginning, z.nd containing three millions and a half acres, fhall be re-
ferved as a pre-emption for the Tenneffe company, for the term of two years from
Amount to be and after the paffing of this act ; and if the faid company fhall caufe to be paid into
dollars ' ''* ^e Puhlic treafury of this State, within the faid term of two years, the amount of
forty-fix thoufand eight hundred and feventy-five dollars, then it fhall be lawful for
the governor for the time being, and he is hereby empowered and required to fign
and deliver, in the ufual form, a grant of the aforefaid tract of land, to Zachariah
Cox, Thomas Gilbert, and John Strother, Efquires, and to the reft of their afibciates,
and
LAWS OF GEORGIA.
33$>
and to their heirs and affigns for ever, as tenants in common of all the tract of land
included in the aforefaid boundaries : Provided, That the faid grantees of each fepa-
rate grant, fhall forbear all hoftile attacks on any of the Indian hordes which may
be found on or near the faid territory, if any fuch there be; and keep this State free
from all charge and expences which may attend the preferving of peace between the
faid Indians and grantees, and extinguifhing the claims of the faid Indians, under
the authority of this State : And provided further, and it is hereby exprefsly conditioned,
That this State and the government thereof fhall, at no time hereafter, be fubject to
any fuit at law, or in equity or claim, or pretenfion whatever, for or on account of
any deduction in the quantity of the faid territory, by any recovery which may or
fhall be had on any former claim or claims.
IV. And for the better direction of the governor, Be it enabled, That the treafurer
of this State fhall, on application of any agent of either of the faid companies, within
the faid term of two years, receive the fum or funis of money, which they are hereby
refpeclively directed to advance, a certificate or certificates of which payments, under
the hand of the treafurer, fhall be a fufficient voucher for the governor to iffue the
grants to the refpective companies aforefaid.
V. And be it further enacted, That all the remaining vacant territory belonging to
this State, fhall be difpofed of as this or a future general affembly fhall dired, and
and in no other manner whatever.
SEABORN JONES, Speaker of the Houfe of Reprefentatives*
NATHAN BROWNSON, Prefdent of the Senate.
EDWARD TELFAIR, Governor.
December 21, I 789.
A. D. 1789.
Ne>. 418.
The treafurer to
receive all pay-
ments within
the faid term
and give certi-
ficates thereof.
The remaining
vacant territory
to be difpofed of
as the legifla-
ture fhall direcT:;
and in no other
manner vvha:-
foever.
An Atl to point out the mode of eletling inferior officers.
December 22, 1789.
Repealed by a3 of 1792, No. 475.
No. 419.
No. 420.
An Acl to af certain the falaries and fees of the public officers of this State; granting com-
penfation to the mtmbers of the general affembly and their officers; appropriating money,
and for eflablifhing a contingent fund.
December 23, 1789.
Obfolete.
*An Aft for regulating the judiciary departments of this State. No. 421.
I. *T\ E it enabled by the fenate and houfe of reprefentatives of the State of Georgia in Two judges of
J3 general affembly met, That from and immediately after the paffing of this aft, ^J^^^
two fit and proper perfons, duly qualified, fhall be ele&ed judges of the fuperior pointed.
court,
* See acl of 1700, No. 438, " to amend explain and continue" this acW ijjj*. No. 456, << to revife and
amend the judiciary fyftcm"-and of 179a, No. 475, repealing this, together with the mtermediate ads.
39^ DIGESTOFTHE
A. D. 1789. court, which judges fhall have precedence according to the time of their election -
No- 4Zt- and fhall, before they enter on the duties of their refpedive offices, take the follow-
T-heir oath. ing oath or affirmation, to wit : " I do folemnly fwear or affirm, that I will admi-
" nifter juftice, without refped to perfons, and do equal right to the poor and to
" the rich ; and that I will faithfully and impartially difcharge and perform all the
u duties incumbent on me as a judge of the fuperior court of this State, according
" to the bed of my abilities and underftanding, and agreeable to the conftitution and
" laws of this State, and the United States. So help me God"
To hold a court U>. 4fl4 be it further enafled, That the judges of the faid fuperior court, or any one
in each county 0f them, fhall hold the faid courts in each county, twice in every year, at the refpec-
year. ti'ye times, and in manner following, that is to fay, Commencing in Camden and
Sdin!mthef0r Wa{hington> on the firft Monday in January next ; the Monday after in Glynn and
fame. Greene; the Monday after in Liberty and Franklin; the Monday after in Chatham
and Wilkes; the fecond Monday after in Effingham and Richmond ; and the Monday
after in the county of Burke ; and that the counties from Burke to Camden, inclu-
five, be the eaftern diftrid, and the remaining counties the weftern diftrid; and the
fecond term fhall commence on the firft Monday in July next thereafter in Camden
and Wafhington, and be continued throughout each diftrid in the fame rotation as
Writs and other direded in refped to the firft circuit. And all writs and proceffes in civil adions
aS^enS! ifruinS out of the faid court> A™11 b<= ™de returnable in twenty days exclufive of the
turnabie and day of fervice, and before the meeting of the court, which fhall be called the return
i1ndVfc°rvCedffUed dayj and a11 fuch writs and Proceffcs fhall iffue from, and be figned by the clerk of
the court where fubjed to be tried, and be direded to all and fingular the fheriffs of
the faid State, and fhall contain the plaintiff's charge, complaint, allegation or demand,
plainly, fully and diftindtly fet forth, and be figned by the party or his attorney;
and a true copy thereof fhall be ferved, or left at the defendant's ufual and notorious
place of abode, or where he may be found, on or before the return of fuch writ or
procefs, by the fheriff or his deputy for the county; which defendant fhall, within
<ntlll7Zd 'pira ten days after tIie return of fucn procefs and writ, enter an appearance, and affile,
fHhe'ml'ir^' witJl the clerk of the court> his Plea of defence to the faid adion ; and the faid judges,
judges to meet or either of them, fhall, from time to time, meet for hearing motions, and for
J'rum time to time /. ^ . ., , .. ,_"_ & * «»*** *^>»
n time to time . fl, 111 »• \ r ~ r 1
hear moiiuns, trantactmg all other ordinary bufinefs, where a iurv is not reauired as has hirhprfn
rtc. where a jury . in- irr r »j »* »o ««o muiniu
isiwtnecd&ry. been the pradice and ufage of courts of law. And in all capital criminal cafes the
ihaif" re'rpite ex" judge, or judges, before whom a prifoner is tried and convided, fhall refoite exe-
< ution thirty days . ..... r - ;_' ' r w
after fentence. cution until thirty days after fentence, and fhall make report thereof to the governor
Bail in civil cafes j • 1 • r r l. ..• 1 • ... °
in what manner 10 or commander in chiet tor the time being; and where bail is required in any civil
adion, an affidavit fhall be made of the debt and damages before any judge or juftice
of the peace which the party believes to be due, or has fuftained, and fhall be
affixed to or indorfed on the petition or procefs; in which cafe the fheriff fhall take
S" the" orderJ£ff a bail bond in double the value of the debt or damages fo fworn to be due; but
ITto ^the piainfin-; either of the judges, on extraordinary occarions, probable caufe of adion being
be enterH^or de- fhewn, or fworn to, fhall order bail, according to the circumftances of the cafe
dered?' fufficient to compel the appearance of the defendant or defendants, which bail bond
(hall
LAWS OF GEORGIA.
(hall be fubjea to the order of the court, to be affigned to the plaintiff, unlefs
fufficient fpecial bail be entered, or the defendant furrendered in difchar*e of his
bail, on or before the firft meeting of the court.
III. And be it further enaEied by the authority afore/aid, That the faid fuperior court
(hall have full power and authority to exercife jurifdiaion in and to hear and deter-
mine, by a jury of twelve men, all pleas, civil and criminal ; and all caufes of what
nature or land foever, according to the ufage and cuftora of courts of law and equity
(except fuch as are hereby referred to inferior jurifdiaions) on the days and times
herein before mentioned ; and (hall conlift of at lead one or more judge or judges •
and that it (hall and may be lawful for the faid judge or judges, to proceed with
a jury on petition or bill, direaed to the faid judges, in all difputes of a
civil nature cognizable by original jurifdiaion in the faid court, for any debtor
damages, or any f„m of money above ten pounds ; but the plaintiff or his attorney
(hall not be at liberty to fign judgment within four days after verdia ; and in no
civil cafe (hall execution iffue until the expiration of fixty days afrer the end of the
court in each county : But all the property of the defendant mall, neverthelefs, be
bound from the day of figning judgment, which (hall bear intereft until paid • 'and
in cafe either party (hall be diflatisfied with the verdia of the jury, that then, and in
fuch cafe, either party may within the faid fpace of four davs, in all cafes, enter an
appeal in the clerk's office, which (hall be admitted, and a new trial granted and tried
the next term, by a fpecial jury ; but if, on hearing fuch appeal and new trial it
ftall appear to the judge or judges, and he or they (hall certify that the appeal was
frivolous, or intended for delay only, then fuch judge or judges (hall direa the jury
trying the appeal caufe, to affefs damages to the party aggrieved for fuch delay ■ and
fuch jury may affefs damages, and the defendant, if appellant, (hall give good and
fufficient fecunty for double the amount of the verdia, for the ufe of the plaintiff be
fore the appeal (hall be received, or entered as a itay of judgment or execution. And
in cafe of a jury's committing a contempt, or breaking up before giving in their verdia
m civil cafes, the judge may declare the fame to be a mis-trial ; and if any cafe or
matter m difpute requires equitable interpofition, and a common law remedy is not
adequate, the judge prefiding (hall exercife all the powers of a court of equity ccm
petent to compel the party defendant in a caufe, to difcover on oath all requifite petals
neceffary to the inveftigation of truth and juflice ; which proofs, when obtained mall
be fubrmtted to fuch fpecial jury, whofe verdia (hall be final, and execution there-
upon may be iffued. And no caufe inflituted in the faid court, fhall be fuffered to lay
over, or be depending more than three terms, unlefs very fpecial caufe be (hewn by
affidavit of the party applying to put off the caufe, to induce the judge prefiding to
lengthen or protraa the time, which (hall not in all extend to more than four terms
IV And be it further enaBed, That all fpecial jurors mail be taken from the grard
jury of the county, and (truck in the prefence of the court, as follows : The c^erk
lhall produce a lift of the grand jurors prefent and there impannelled, from whom the
payrt plamuff, or defendant, or their attorney, (hall each ftrike out one, until th-re
IHall be but twelve jurors left, who fhall forthwith be impannelled and fworn as fpe-
cial
39*
A. D. 1789.
No. 43t.
Jurifdi&ion of
faid court.
J'jdjment rot to
I>e (is<ne<l witliin
four days after vef-
di<3.
Execution fhall if.
1'ie in no cafe un -
Her fio days after
the end of die court
Defendant's pro-
perty bound from
the day of fignjng
judgment, which
fhall bear intereft
until paid.
Appeal maybe en-
tered, to be tried
by a fpecial jury.
Infrivolousappeals
the court may di-
reel the jury to af-
fefs damages for
the delay.
Delendant, if ap-
pellant, to give fe-
curity for doHble
lhe amount before
the appeal fhall be
entered.
A jury committing
contempt, etc. the
court may declare
a mis- trial.
The judges may,
in certain cafes,
exercife all the
powers of a court
of equity, compe-
tent t" compel the
defendant to uif.
cover on oath, etc.
To be fubmitted to
a fpecial jury
whofe verctitft iliall
be final.
No caufe to lay
over more than 3
terms without fpe-
cial cnuf', and
fhall not exceed 4.
Special jurors to
be taken from
the orar.d jury;
in v. hat manntr
to be ftruck.
>\Q2 ':.:T'' DIGEST OF- T'HE
392 &M
A. D. 1 789.,;Cpf jurors, to try the caufe ; and in cafe of rcfufal of either party to ftrike fuch
No, 421.- -fpecial jurors, after due notice given for the purpofe, and proof thereof, the judge,
■ l\l before whom notice is given for fuch fpecial jury to be impannelled, ftiall, on behalf
■ ..''. of the party, or his attorney attending, proceed in the fame way and manner as if
V . the party abfent or refufing had been prefent and done the fame.
•'." V. And be it further; enaBed by the authority afore/aid, That the fpecial jurors,
fummoned to try iffues in the faid fuperior court, fliall, before they enter upon
Their oath. \ their duty as fuch, feverally take the following oath or affirmation, to wit: " I do
folemnly fwear or affirrn (as the cafe may be) that I will well and truly try the iffue
joined and now to be tried, between A. B. plaintiff, and C. D. defendant, and a
jtr.ue^ verdict give according to law and equity, and the evidence produced to me, to
'", th a belt of my fkill and knowledge, without favor or affeftion to either party. So
help me God."
, . , VI. And be it enaBed by the authority afore/aid, That the judges of the faid fupe-
Thc iudsres to •' , r n , • 1 r u ^ 1 * ^.x.
eftablilh necef- rior courts fhall be, ,and they are hereby vefted with full power to regulate the pro-
faid toleS.uiUfli" ceedings in the faid courts; ;and to make and eftablifti all neceffary rules for the
all contempts orderly conducting bufmefs therein, according to law, and the ufage of courts, and
in rifoiS? fta11 have Power t0 imPofe and adminifter all neceffary oaths or affirmations, and to
punifh, by ufual fine or imprifonment, at the difcretion of the judge or judges pre-
fiding, all contempts of authority in any caufe or hearing before the faid court.
VII. And be it further enaBed by the authority aforefaid, That the clerks of the
feveral courts fhall, before they enter upon the execution of their office, take the
Oathtobetak- following oath or affirmation, before one of the judges, to wit : " I do folemnly
en by the clerks. fwear or ^^ that j wi]J tmly and faithfully enter and record all the orders,
decrees, judgments and proceedings of the fuperior court for the county of -
and all other matters and things which may be brought to rae, as by law ought to
, be recorded, and that I will faithfully and impartially difcharge and perform all the
Whoaretokeep "^ **"" » J A . , ... . 1 1 n. r c
fair and regular duties of my laid office, according to the bed of my abilities and underitanding, bo
^rSlSifs the help me God." And that the clerks of the fuperior courts fliall keep fair and regu- j
Which ffiS be jar minutes and dockets of the court bufinefs, which fhall be figned by the prefiding
SurfbefcL?/- judge or judges on the bench, as far as the fame may be gone through prior to the
journment, and adjournment ; and fliall give bond, with two fufficient fecurities, to the governor
g!veCtondy.nd or commander in chief, and to his fucceffors in office, in two thoufand pounds,
fecurity to the fQr nis 00d conduct while in office; which bond fhall be depofited in the public
governor. °
treafury.
Sheriffs-their VIII. And be it further enaBed by the authority aforefaid, That the fheriffs of the
poweranddusy. feveral counties fliall attend the fuperior and inferior courts when fitting in the
refpeftive counties, and by themfelves, or deputies, to execute throughout the county,
all writs, warrants, precepts, and proceffes direded to them, and iffued under the '
authority of any judge of the faid fuperior court, or clerk of the court, and the
faid fheriffs, or their deputies, fliall have power to command all neceffary affiftance
in the execution of their office, and to appoint, as there fhall be occafion, one or
more deputies, who ftiall be removable from office by any one or more of the judges
of
LAWS OF QEORGIA.
of the faid court ; and before the faid fherifFs enter on, the duties of their office, each
of them fhall become bound for the faithful execution and performance of the fame,
by himfelf and by his deputies, before any one of the laid judges, to the governor of
this State for the time being, jointly and feverally, with two good and fufficient fure-
ties, inhabitants and freeholders of the county, to be " approved by one or " rhore of
the judges, in the fum of five thoufand pounds-), and the faid bond fhall remain in
the clerk's office of the county for which fuch fherifFs are appointed, and may be
fued for by order of the faid court for the fatisfaction of the public, and all private
perfons aggrieved by the mifconduct of the faid fheriffs or their deputies. And the
faid fheriffs reflectively, fhall take, before either judge or juftice of the county, and
the fame fhall be recorded in the office of the clerk of the fuperior court, before they
enter on the duties of their office, the following oath, to wit : " I do folemnly fwear
or affirm, that I will faithfully execute all writs, warrants, precepts and proceffes
directed to' me, as the fherifF of the county of , and true returns
make, and in all things well and truly, and without malice or partiality, perform
the duties of the office of fherifF of the county of , during my
continuance in office, and take only my lawful fees. So help me God." And
an oath to the fame purport fhall be taken, in like manner, by each of the deputies of
the faid fherifF.
IX. And be it further enaEted> That in all caufes wherein the fherifF of either of the
faid counties, or his deputy, fhall be a party, or interefted therein, the writs, pre-
cepts and procefTes, fhall be directed to the coroner of the county, and the faid co-
roner is hereby authorized to execute and return the fame ; and in cafe of the death
of either of the faid fheriff's, his deputy or deputies fhall continue in office, unlefs
otherwife fpecially removed j and fhall execute the fame in the name of the deceafed
until another fherifF be appointed and fworn, and the defaults and misfeafances in
office of fuch deputy or deputies in the mean time, as well before as after, fhall be
adjudged a breach of the condition of the bond given as before directed, by the
fherifF who appointed them ; and the executor or adminiftrator of the deceafed
fherifF fhall have the like remedy for the defaults and misfeafances in office of fuch
deputy or deputies, during fuch intervals, as they would be entitled to if the fherifF
had continued in life and in the exercife of his faid office until his fucceffor was ap-
pointed and fworn.
X. And for the eafe of the fheriffs, Be it enabled by the authority afore/aid, That the
fherifF for each county fhall, at the expiration of his office, turn over to the fucceed-
ing fherifF, by indenture and fchedule, all fuch writs and procefTes as fhall remain in
his hands unexecuted, who fhall duly execute and return the fame ; and in cafe any
fherifF fhall refufe or neglect to turn over fuch procefs, in manner aforefaid, every
fuch fherifF fo neglecting or refufing fhall be liable to make fuch fatisfaction, by
damages and cofts, to the party aggrieved, as he, fhc or they fhall fuftain by fuch
neglect or refufal ; and the faid fherifF fhall alfo deliver up to his fucceffor the cuftody
of the gaol, and the bodies of fuch perfons who fhall be confined therein, and the
caufe of their detention.
Ddd XI
39}
\.
A. X). 1 789.
To give
and fecuriiy,'/
-'
pond
Their oath.
When inttreft-
ed — procefs &c.
to be execute-i
by the coroner.
In cafe ofdeath,
their deputies
how to a6L
At the expira-
tion of their of-
fice to turn over
all writs, &c. ro
their fucceflors;
and deliver up
the cuftody of
the gaols with
the prifoners.
^94 DIGEST OF THE
A. D. 1789. XI. And be it further enabled, That no writ, return, procefs, judgment, or other
No. 421- proceedings in civil caufes, fhall be abated, arretted^ quafhed or reverfed, for any
Want of form, je£e^. or want 0f form, or any clerical miftake, or omiffion, not affecting the real
clerical mi Hakes _ ' / ' ' o
&c. not affed- merits of the cafe ; but the judge presiding fhall caufe the fame to be amended, on
rits of Yhe "cafe" motion in court, without any additional cofts, and proceed to give judgment, accord-
how to be re- lug to the right of the caufe and matter in law, 2s (hall appear unto fuch judge, with-
out regarding any imperfections, defects, want of form, or clerical mi flake or omif-
Caufestobema- fion, in fuch writ, return, procefs, judgment, or caufe of proceeding whatfoever ; and
naged by com.- jj caufes \n ^ne fad court fhall be managed by council, or the party themfelves,
cil, or the par- 0 ... 1 ' r ; »
ties. under fuch orders as the court fhall eftablifh.
Execli'tion in what XII. And be it enacted by the authority aforefald> That the clerks of the refpective
iYieIi?er l° b£ 'f" courts fhall make out, fign and iflue executions, under their hands and feals, bearing
teft in the name of one of the judges before whom the caufe was tried, and directed
to all and lingular the fheriffs, for all debt or damages and cofts recovered in the faid
the'rttaw'w'pa™ courts, which may be levied on the eflate and property, or iffued againfl the perfon
call infaiiy eonnty^ of the party call, in any county of this State ; and the fame may be Continued until
XtZv^i the amount thereof is fatisfied.
, XIII. And be it further enacted, That the office of attorney general fhall be, and
Attorney and ' _* 10 *
folicitor general is hereby declared to be placed in commiffion, and the duties thereof fhall be per-
r^th!/0 aftera r'ormed by two perfons, to be ftyled the attorney and folicitor general, one to attend
and the other in the eaflern, and the other the weftern diftrict ; who fhall exercife the functions of
tria C Cri ^ ' their office jointly or feverally, and fhall be fworn or affirmed to the faithful execu-
Their duty. tion of their office ; and it fhall be their duty, or one of them, to profecute all delin-
quents for crimes and offences cognizable under the authority of the faid court,
and all civil actions in which this State fhall be concerned ; and to give his or their
advice and opinion, in writing if required, on queftions of law to the governor, or
other officer, touching any matters that may concern their department.
Sheriffs gaolers, XIV. And be it further enacted by the authority afore/aid, That the fheriffs of the
havefik^iithori- feveral counties in this State, fhall have the like powers and authorities, and they and
fueMBwfe'te. as their Under fheriffs and gaolers, conflables and other officers- belonging to the court,
deretih*reiiwsn?n De fubject and liable to all actions, fuits, fines, forfeitures, penalties, and difabilities
urcetn. us a-e. whatfcever, which they or either of them may incur, for or in refpect of the efcape
of prifoners, or for, or in refpect of any other matter or thing whatfoever, relating to,
or concerning their feveral or refpective offices, in the fame manner as they have
.No cierk, flierifFY.r hitherto been liable by the Jaws of force in this State; and no clerk of the court
a&as an'atwrney (heriff, under fheriff, fheriffs clerk, or other fheriff's officers, fhall act as an attor-
ney in his own name, or in the name of any other perfon, or be allowed to plead or
practice in any of the courts of this State during the time he is in any fuch office.
■rhe faki courts XV. And be it further enabled, That the faid fuperior courts fhall have power to
vTVitsPo7ercire' fa- ifTue writs offcire facias, habeas corpus, mandamus, and all other writs which may be
alfa'au other" n"*- neceffary for the exercife of their iurifdiction, and agreeable to the principles and
ceflary writs. r r.'\ 1
uiages of law and equity.
XVI.
j
LAWS OF GEORGIA. 395
XVI. And be it further enabled, That in all cafes where mutual debts are plead as A. D. 1789.
off-fetts, and the jury mall find a balance due from the plaintiff to the defendant, No- ***•
they fhall find fuch balance for the defendant; and the faid defendant may, by himfelf th/j^ my find
or his attorney, enter up judgment and proceed to execution in the fame manner as °r 'le e-*m*0lt"
plaintiffs recovering may proceed.
XVII. And be it further entitled, That the faid courts fhall have power in the trial Parties, how to
of all caufes, on motion and due notice thereof being given, to require the parties to »e "Hnp^lf^o
produce books or writings in their poffeffion or power, which contain evidence perti- ry books and pa-
nent to the iffue, in cafes and under circumftances where they might be compelled to ^ caufes & *"*
produce the fame by the ordinary rules of proceedings in equity ; and if a plaintiff ■
fhall fail to comply with fuch order to produce books or writings, it fhall be lawful for
the faid courts, on motion, to give the like judgment for the defendant as in cafes of
non-fuit*, and if a defendant fhall fail to comply with fuch order to produce books or
writings, it fhall be lawful for the faid courts, on motion as aforefaid, to give judgment
againft him or her by default.
XVIII. And be it enacted, That where any fuit fhall be depending, and either of the Caufes not ta
parties fhall die before final judgment, the executor or adminiflrator of fuch deceafed ce °" a^
partv, who was plaintiff, petitioner or defendant, in cafe the caufe of action doth by death of a party-
law furvive, fhall have full power to profecute or defend any fuch fuit or action ™f e^-0n Cfur!
until final judgment; and the defendant or defendants are hereby obliged to anfwer w«j how to
thereunto accordingly. And the court before whom fuch caufe may be depending, futh°Cafes.
is hereby empowered and directed to hear and determine the fame, and to render
judgment for or againft the executor or adminiflrator, having been duly ferved with
a fcire facias from the office of the clerk of the court where fuch fuit is depending
twenty days before hand, and fhall neglect or refufe to become a party to the fuit,
the court may render judgment againft the eftate of the deceafed party, in the fame
manner as if the executor or adminiflrator had voluntarily made himfelf a party to
the fuit. And the executor or adminiflrator, -who fhall become a party as aforefaid, -
fhall upon motion to the court where the fuit is depending, be entitled to a continu-
ance of the fame, until the next term of the faid court, and if there be two or more
plaintiffs or defendants, and one or more of them fhall die if the caufe of action
furvive to the furviving plaintiff or plaintiffs, or againft the furviving defendant or
defendants, the writ or action fhall not be thereby abated ; but fuch death being
fuggefted upon the record, the action fhall proceed at the fuit of the furviving
plaintiff or plaintiffs, againft the furviving defendant or defendants.
[From this to the ^id fetlion, relates only to the form and manner of dratving and
fummoning jurors.]
XXXII. And be it further enabled, That in cafes of unavoidable accidents, the faid The clerks may
courts or any of them fhall fail to be held at the times refpectively appointed for uncertain cafes
J # ... adjourn the
holding the fame, the proceedings fhall not be difcontinued, but that the clerk of the court.
faid court fhall and may adjourn the faid courts from day to day, not exceeding four
days, until the faid court fhall meet; and in cafe the faid court fhall not meet and fit
in that time, the faid clerk of the court, as aforefaid, fhall adjourn the fame to the next '
court, to which time all caufcs then depending fhall be continued over.
XXXIII.
395
A. D. 1789.
No. 421.
The faid feveral
courts (hall be
courts of record.
Intheabfenceof
the attorney or
foiicitor gene-
ral, the court
may appuint a
fit petfon to ad
for the State.
Suits now de-
pending to he
heard and deter-
mined as if in-
ftituted under
this ad.
In cafesof error,
&c. the judges
may flay pro-
ceedings.
Inferior county
courts efrablifa-
ed, and to he
held quarterly
fey the firft five
juftices in each
county, or any
three of them.
When to com-
mence, and how
long held in the
refpedive coun-
tip-
DIGEST OF THE
XXXIII. And be it further enabled, That the faid feveral courts (hall be courts of
record, and all perfons neceffarily going to, attending or returning from the fame,
fhali be free from arreft in any civil action.
XXXIV. And whereas it may happen that the attorney or foiicitor general for the
State cannot attend at fome of the (aid courts, to prepare and profecute indictments
for criminal offences : Be it therefore enabled, That in cafe the attorney or foiicitor
general, or one of them, fhall not attend any of the faid courts, then any barrifter
or attorney at law, or other fit perfon, may prepare and profecute indictments or
civil actions, in which the State is a party, by leave and appointment of the judge or
judges of the faid court, and be allowed the fame fees for. his trouble therein as the
attorney or foiicitor general would be entitled to.
XXXV. And whereas divers fuits have been inftituted under the late conftitution,
and are now depending and undetermined, Be it therefore enabled, That all fuch fuits
(hall be heard and determined, or other order taken thereon, as if the fame were
inftituted in the fuperior courts eftablifhed under this act; and no demurrer or excep-
tion fhall be fuftained on any queftion on the legality of fuch fuits, returnable to
any court, term, or time previous to the palling of this act, and without additional
cofts; and appeals now pending fhall be tried as appeals to be entered under this
act are directed to be tried. And in cafe of error and other good and fufficierit
caufe fhewn to the judges of the fuperior court, or any of them, he or they may
caufe the proceedings in any cafe now depending, or that may hereafter be depend-
ing, to be flayed; and the judges, or any one of them, fhall in fuch cafe at or
before the next term caufe to be done, as to juftice (hall appertain.
XXXVI. And whereas the conftitution of this State authorizes the eftnblifhment
of courts of an inferior jurifdi&ion, Be it further enabled, That in every county within
this State a court fhall be held once in every three months, by the juftices appointed
in the manner therein after mentioned, to prefide in and hold the fame at the feveral
places affigned by law; and on the feveral days herein after limited for each county
refpectively, and at no other time or place : Which courts fhall be called the infe-
rior county courts, and fhall be held and adminiftered by the firft five juftices men-
tioned in the cornmiffion of the peace, or any three of them, who fhall have full
power and jurifdi&ion to hold the faid county courts, and to hear and determine ail
caufes and other matters, and controverfies, properly appertaining and referred by
law to their jurifdiction.
XXXVII. And be it further enabled, That the faid inferior county courts fhal'.be
held once in every three* months throughout the year; and fhall commence the firft
Monday in February in Camden and Wafhington, the fecond Monday in Glynn and
Greene, the third Monday in Liberty and Franklin, the Monday after in Chatham
and Wilkes, the Monday two weeks thereafter in Effingham and Richmond, and
the Monday week thereafter in Burke county. Provided neverthelefs, If the bufinefs
of the faid court cannot be determined on the court day, the juftices may fit from
day to day, until all caufes, not poftponed by confent, or for fufficient reafon, are
tried
Held half yearly— See act of 1 791, No, 456, feci;. 20.
LAWS OF GEORGIA,
397
tried and determined, Sundays excepted. And all caufes and controverfies then laid
before them, which cannot be heard and determined within that time, {hall be ad-
journed over until the next inferior county court.
XXXVIII. Be it further enaEied by the authority afore/aid. That the faid juftices, or
any three of them (hall have full power and jurifdiction to hear and determine caufes
at common law, within their refpeclive counties : Provided a/ways, That where the
damages in the writ is laid, or fworn to be, or exceed fifty pounds fterling, then the
faid caufe may by the defendant be removed to the fuperior court, to be there tried
in the firft inftance by a common jury, and by a fpecial jury afterwards if either paity
fees fit. And where any caufe tried and determined in the inferior court, fhall be
above five pounds, then an appeal fhall be admitted into the fuperior court, there to be
tried, heard and concluded. And provided alfo, That no caufe touching the right or
title of lands or tenements, fhall be cognizable in the inferior courts.
XXXIX. * And be it further enafted, That it fhall be lawful for any juftice aforefaid,
upon complaint made to him upon oath by any perfon that his debtor is removing out
of the State privately, or abfconds and conceals himfelf fo that the ordinal y procefs
of law cannot be ferved upon him, to grant an attachment againft the eftate of fuch
debtor, or fo much thereof as fhall be of value fufficient to fatisfy the debt and coils
of fuch plaintiff, which attachment fhall be returnable to the next inferior court of the
county where the fame was iffued, and fhall be directed to and ferved by the iheriff
of the county, or his deputy ; and it fhall be lawful for fuch fheriff or deputy to
ferve and levy the fame upon the eftate both real and perfonal of the party abfeond-
ing, wherefoever the fame may be found, or in the hands of any perfon or perfons
indebted to,, or having any effects of the perfon abfeonding, and to fummon fuch
perfon or perfons to appear at the next court to be held for the faid county, there to
anfwer upon oath what he or fhe is indebted to fitch party, and what effecf s of fuch
party he or fhe hath in his or her hands, or had at the time of ferving fuch attach-
ment, which being returned executed, the court may thereupon compel by order,.
fuch perfon or perfons to appear and anfwer as aforefaid : Provided always, That,
every juftice of the peace, before granting fuch attachment, fhall take bond and fe-
curity of the party for whom the faid attachment fhall be iiTued, in double the fv.m
to be attached, payable to the defendant, for fatisfying and paying all cofts that fhall
be awarded to the defendant, in cafe the plaintiff fuing out the attachment therein
mentioned fhall difcontinue, or be caff in his fuit ; and alfo all damages which fhall
be recovered againft the faid plaintiff, for his fuing out fuch attachment, which bond
the juftices fhall return to the court to which the attachment is returnable, on or
before the return day, and the party entitled to fuch cofts and damages, may bring
fuit thereon and recover, and every attachment, iffued without fuch bend taken, or
where no bond fhall be returned as aforefaid, is hereby declared to be illegal, and
fhall be difmiffed with cofts : Provided always, That every attachment which may be
iflued as aforefaid, fhallbe attefUd and publicly advertifed at the court houfe of the
faid county, at leaft thirty days before the fetting of the next, court ; and if any
attachment
* Repealed by act of 1792, No. 475,
A. D. 1789..
No. 421.
To have jurifriic-
tiiui of all caufes
at common law.
Provifo.
Caufes above 50I.
may be removed to
the fuperior court,
and appeals may
be entered on
judgments above
five pounds.
Provifo.
No caufe touching
the title of lands
fhall be cognizable
in the inferior
courts.
Attachments
how to be iffued
and conducted..
398 DIGEST OF THE
A. D. 1789, attachment (hall be fued out within thirty days of the next court, the faid attachment
No. 421. ' fhall be made returnable to the next court to be held after the expiration of the faid
thirty days, and not otherwife ; and all attachments iffued and returned in any other
manner, than that herein before directed, fhall bte* and th<^f;ame are hereby declared
null and void. And all goods, lands and effects, fubject to fiich attachments, fhall
be repleviable by1;appearance, and putting in fpecial bail, or by the defendant's giving
bond, with good fecurity, to the fheriff, or other officer ferving the fame, which
bond the fheriff or other officer is hereby empowerd and required to take, compelling
the defendant to appear at the court to which fuch attachment fhall be recoverable,
and to abide by and perfbrm the order and judgment of fuch court.
. , , rr * XL. And be it further enabled. That upon the defendant or defendants replevying
replevied— the any attached effects, by giving bond and fecurity to the fheriff, or other officer as
therein * aforefaid, the fheriff fhall return the name or names of the fecurity by him fo taken,
and if fuch fecurity, upon motion, fhall be judged infufHcient by the court, and if
the defendant fhall fail to appear, and give fpecial bail if thereunto ruled by the court,
fuch fheriff or fecurity fhall be fubjecl to the fame judgment and recovery, and have
the fame liberty of defence and relief, as if fuch defendant was legally prefent in court.
Any juftice of And upon complaint made to a juftice of the peace, that any perfon indebted to the
the peace may corripiajnanr in a fum not exceeding five pounds, where a (ingle juftice by this act
liiue anil try at- r _ _ ' © r > 0 J 3
tachments not has jurifdiction, is about to remove, or is removing out of the county privately, or
extte ing £j. £Q ajDfcon(]s or conceals himfelf fo that a warrant of fummons cannot be ferved upon
him, it fhall be lawful for fuch juftice, taking bond and fecurity in the manner herein
before directed in other cafes, to grant an attachment againft the eftate of fuch debtors,
or fo much thereof as fhall be of value fuificient to fatisfy the debt and coft of the plain-
tiff, directed to fome conftable of his county, and returnable before himfelf or fome
other juftice of the peace thereof, who fhall and may proceed and determine thereupon
as to juitice fhall appertain.
Goods or effects XLI. And be it further enacted by the authority aforefaid. That if any attachment re-
attached not re- turnable to the county court, or before a juftice of the peace, fhall be returned exe-
cuted, and the goods or effects attached fhall not be replevied as aforefaid, the fubfe-
quent proceedings thereupon fhall be the fame as an original procefs againft the body
of the defendant where there is default of appearance ; and all goods and effects attach-
ed, and not replevied as aforefaid, fhall, by order of the faid court, be fold and dif-
pofed of for and towards fatisfaction of the plaintiff's judgment, in the fame manner
Attachments as if the fame had been taken under execution ; and where any attachment fhall be
ferved in the returned ferved in the hands of any third perfon, it fhall be lawful upon his or her
hands of third . J rV * _ ■. *"
peribns, how to appearance and examination, in the manner by this act before directed, to enter up
be proceeded111^ judgment as againft the original debtor, and award execution againft every fuch third
perfon for fuch monies as may be due from him to the abfeonding debtor, fuch effects
as may be in the hands or keeping of the faid third perfon belonging to fuch debtor,
or fo much thereof as will be of value fufficient to fatisfy the judgments and cofts of
the plaintiff's attachment.
Writs and other XLII. And be it further enabled by the authority aforefaid, That all original prccefs
?™cow«Phowato by writ, petition and fummons, or any other kind whatfoever, and all fubfequent
i,e m'ed- .procefs
LAWS OF GEORGIA.
399
procefs thereupon, to bring any perfon or perfons to anfwer in any action commenc- A. D. 1789.
ing or to be commenced in any county court, and all attachments awarded by the No, ^ai.
laid courts at the common law, {hall be iffued and bear tefl by the clerk of every
county court refpectiveiy, and be dated on the day whereon the fame fhall be iflued,
returnable to the next fucceeding county court, and (hall be executed twenty days
at leaft before the fitting of the court, which fhall be called the return day thereof;
and if any procefs fhall be delivered to the fheriff or other officer fevving the fame,
fo late that he cannot execute fuch procefs twenty days exclufive of the fitting of the
court, fuch procefs fhall notwithfta^ding be executed and returned on the return
day of the next fucceeding court; and all procefs iffued or returned in any other
manner than that herein before directed, fhall be, and the fame are hereby declared
to be null and void.
XLIII. And be it further enaBcd by the authority afore/aid) That all manner of civil The comnor t0
procefs iffued by the clerks of the county courts a& aforefaid, wherein the fheriff, f£fve t,!ie/an?5,
when the ihcrifF
who ought to execute the fame, fhall be any way interefted, fhall be directed to is any way in-
and ferved by the coroner of each county refpectiveiy. And when any procefs fhall terefted-
be executed wherein common bail fliall be requirable, the fheriff fhall return the
name or names of the bail by him taken, and if he fhall not return bail, or if the Common and
bail returned fliall be adjudged infuffieient by the court, or if the defendant fhall fail fpe«al bail in
r ■ 1 1 m 1 iii 11 r- 1 a ,<r what manner to
to appear, or to give lpecial bail when ruled thereto by the court, iucn lhentr or be taken.
bail fhall be fubject to the fame judgment and recovery, and fliall have the fame
liberty of defence and relief as the defendant himfelf fhoula have were he perfonally
prefent in court ; and in cafes where the plaintiff fliall move for fpecial bail upon
the defendant's appearance, the court may, if they think proper, rule him to bail
accordingly, or commit him on failure to the cuftody of the fheriff, until bail fliall be
given, and the perfons becoming fpecial bail fhall be liable to the judgment and reco-
very of the plaintiff, unlefs the body of the defendant fliall be rendered in execution.
or in difcharge of fuch bail : Provided, That no fpecial bail fliall be requirable in
any fuit brought upon a penal law, unlefs by fuch law bail fhall exprefsly be directed
to be taken.
XLIV. And be it further enacted, That where any writ fliall iffue from anv inferior «-.
J j 'inc. proceed-.
court within this State, and the defendant fhall give bail for his or her appearance, ings therein,
and fhall make default and not enter fpecial bail as aforefaid, the fuit fliall be profe-
cuted to judgment and execution againft fuch defendant, before any proceedings
fhall be had againft the common bail ; and if the fheriff fhall return upon the execu-
tion that the defendant is not to be found, or hath no effects whereon to levy the
debt and coft, then the plaintiff may fue forth a. fare facias againft fuch bail, to (hew
caufe why the execution for the judgment and cofts fhould not iffue againft him or.
them; and on fuch fcire facias being returned executed judgment fliall be entered up
againft fuch bail, and execution go forth as againft the original defendant ; and if the
fheriff fhall return in the faid writ of fcire facias, that the defendant or defendants
are not to be found in his county, or that he refides in fome other county, then the
plaintiff fhall have judgment and execution againft the eftate and effects of fuch bail
as
4oo DIGEST OF THE
A. D. 1789. as if he had T>een perfonally ferved with fuch writ : Provided neverthelefs, That no-
No. 410. thing herein contained (hall be conftrued to deprive the common bail in fuch a£tion
from appearing and entering himfelf fpecial bail, at any time before judgment in
fuch action (hall be figned.
XLV. And for the regular determination of fuits, entering up judgments, and
gukdonTtc/be prefervation of the records, Be it further enabled, That the following rules and regu-
obferved in con- iations fhau be obferved, to v\dt: That the plaintiff in any fuit fhall file his declara-
tive fafd courts, tion before or at the firft calling of the caufe in court, which fhall plainly and fub-
ftantially fet forth the caufe of action ; that if the plaintifF fails to file his declara-
tion, or to appear and profecute his fuit, upon motion of the defendant, he fliall be
non-fuited j that upon every non-fuit, the defendant fliall recover five fhillings fter-
ling, and cofts of fuit : That every defendant, upon the return of the procefs againft
him, fhall appear by himfelf or his attorney, and fhall put in his plea in writing
which may contain as many feveral matters as he may think neceffary for his defence^
but no demurrer fhall be received, unlefs in the opinion of the court the declaration
•fhall not plainly and fubftantially fet forth the caufe of action, or that the matter
thereof is not actionable •, and where the pleas pleaded fhall appear to the court to be
evafive or defective, infomuch that legal juftice cannot be done, upon the motion of
the plaintifF or his attorney the defendant fliall be ruled to plead a good and fufficient
plea, and upon failure, judgment fhall be awarded as in the cafe of nihil dicit. That
any defendant pleading in abatement, (except upon matter appearing upon record)
fliall be obliged to make affidavit of the truth thereof, before the fame fhall be ad-
mitted. That upon the laft day of the court wherein the declaration fhall be filed,
the defendant by himfelf, or by his attorney, fhall put in his plea, which fhall be
founded on the merits of the caufe, and all frivolous and dilatory pleas fhall be fup-
prefTed by the court upon motion at the time fuch plea fliall be tendered, and the de-
fendant ruled to plead fubftantially, inflanter, and the plaintifF or his attorney fhall
on the fame day join iffue on the faid plea, which iffue fhall be tried at the next
fucceeding court by a jury, in like manner as iffues are tried in the fuperior court,
on which verdict fhall be given and judgment entered up immediately, unlefs where
either of the parties fhall make oath in open court, that he, flie or they, have done
every thing in their power to enforce the attendance of witneffes effentially neceffary
in fuch trial, and without whofe attendance juftice cannot be done ; in which cafe the
court may at their difcretion, continue the caufe over and refer the iffue for trial to
the next court. Provided, That in all cafes where the atl of God or the non-atten-
dance of witneffes fhall, (upon the motion of either of the parties alledghig and ma-
king the fame appear to the court at the firft calling of the caufe, after the fame fliall
be at iffue as aforefaid) render a continuance to the next court neceffary, fuch con-
tinuance fhall be at the coftsof the party praying the fame, as alfo all extraordinary
colts which fuch continuance may occafion to the adverfe party. That the clerk of
the inferior court do carefully preferve the declarations, pleas, evidences, and all
other neceffary papers relating to any caufe in court, and that they be all filed toge-
ther in his office.
XLVI.
LAWS OF GEORGIA. 401
XLVI. That for preventing errors in entering the orders and judgments of the A. D. 1789.
courts, the juftices, before any adjournment from day to day, fhallcaufe the minutes is,°" ,421'
of their proceedings to be publicly read by the clerk, and corrected where neceffary, b;e etrtJliclyread
and then the fame (hall be fubfcribed by the juftices then prefent, which minutes fo hefore adjoum-
taken in a book, to be kept for that purpofe, and fubfcribed as aforefaid, fhall be care- today and fign-
fully preferved among the records, and no proceedings or judgments of any court ed by the courts
fhall be of force or valid until the fame be fo read and figned.
XLVII. And for the more fpeedy recovery offmall debts, Be it enaBed, That the For the recove-
juftices of the feveral counties, or any one or more of them, (hall have authority and [heVfticesVlve
jurifdiiStion to hear and determine all fuits, for any debt or liquidated demand due by jurifdidtion not
judgment, fpecialty, or account, for any fum or fums of money not exceeding five how^o'm-Gc^ed
pounds fterling, by petition in a fummary without the folemnity of a jury. And therein.
the faid juftice or juftices is,, and are hereby authorized to give judgment, and ten
days after giving fuch judgment, award execution thereon, and not before; Provided
fecurity be given for debt and cofts ; And provided always. That if any perfon or per-
fons, thinking him, her, or them felves aggrieved by the judgment of fuch juftice or
juftices, it fhall be lawful for every fuch perfon or perfons to appeal to the next in- Appeals to the
ferior court, fo as that fuch appeal be made and entered within four days,- and fecu- county courts to
rity given to profecute the fame to effect : And the faid juftice or juftices> fhall
tranfmit the proceedings had before him or them, to the next county court as afore~
faid, for final hearing and determination by jury.
XL VIII. And be it further enaEted by the authority aforefaid, That no procefs de- Caufes, &c de-
pending in any county court, fhall be difcontinued for or by reafon of the juftices j^nor courts^
failing to hold the court upon the days appointed by law ; but in fuch cafe, all fuits, n°t to he affecl-
procefs, matters and things depending, fhall be continued over to the next fucceeding pL to" told
inferior court in the fame manner as if fuch fucceeding court had been the fame court tlie fa:ne-
to which fuch procefs ftood continued, or fuch returns or appearances fhould have been
made ; and all bonds and obligations- for appearances, and all returns fhall be of the
fame force and validity for the appearance of any perfon or perfons at the next fuc-
ceeding court, and all fummonfes for witneffes as effectual as if the fucceeding courr
had been exprefsly mentioned therein; and all caufes depending on the docket, and
undetermined at any adjournment to the next court, fhall ft and continued in the fame
order to fuch court, as fully as if fuch caufes were called over, and continued by order
of court.
XLIX. And for the better difcovering the truth in controverfies depending in thein- Subpoenas in'
ferior county courts: Be it further ena£iedy That the clerk of every inferior county court what manner te
fhall, upon the requeft of either party, iffue one or more fubpeena or fubpeenas for
any perfon or perfons to attend as witneffes in any cafe depending in the county court;
exprefling in every fubpeena the time and place when the witneffes are to appear, the
names of the parties to the fuit or caufe wherein they are to give evidence, and at
whofe requeft they are fummoned ; and if any witnefs fhall be an inhabitant of another
county, the clerk fhall iflue a fubpeena directed to the fheriff of fuch county- where
fuch witneffes ufually refide, which fhall be by fuch officer -executed and returned to
the office whence the fame iffued. . And if any perfon or perfons fummoned as afore-
E e e faid
402
DIGEST OF THE
A. D. 1789.
No. 4Zt.
Witneffes fail-
ing to attend
may lie fined for
contempt, and
liable to action
of the party in-
jured.
Shall be free
from arreft ex-
cept for crimi-
nal offences.
Refilling togive
cviJencehow to
be treated.
Appeals to be
allowed to the
iiipcrior court.
faid (hall fail to attend accordingly, or being prefent fliall refufe to give evidence,
he or (lie fo failing fhall be fined by the court for a contempt, and (hall be liable to
the action of fuch party, at common law, for all damages fuftained for want of fuch
witnefs's teftimony. But if the perfon fo failing to attend (hall, at the court to
which the fummons is returnable, or at the next fucceeding court, fhew caufe fatif-
factory to the court of his or her difability to attend at the time he or fhe ought to
have appeared, then no fine or forfeiture (hall be incurred by fuch failure, except to
the party aggrieved. That every witnefs, during the time of his or her coming to
and returning from court, as well as during his or her attendance, allowing twenty
five miles per day for the travelling of fuch witneffes, fliall be priviledged and free
from all arrefls or imprifonment, except for criminal offences; and all civil procefs
whatfoever, ferved or executed on fuch witnefs, coming to attending or returning
from fuch court fhall be void and of none effect. That if any perfon whatfoever
fummoned as witnefs, upon his or her appearance before the court or before commif-
fioners appointed to take his or her examination and depofition, fhall refufe to give
evidence, on oath or affirmation, to the bell of his or her knowledge, every perfon fo
refufing fhall be committed to the common gaol, there to remain without bail or
mainprize, until he or fhe fliall give fuch evidence. That in any bill of cofts there
fliall not be allowed the charge of more than three witneffes to the proof of any one
particular matter or fact.
L. And to the intent that erroneous proceedings and judgments of the faid county
courts of this State may be corrected and amended : Be it further e?iaEied by the autho-
rity aforefaid, That where any perfons or bodies politic or corporate, fhall at any time
be aggrieved by the judgment or fentence of any, county court of this State, in any
action or fuit whatfoever, where the judgment fhall exceed the fum of five pounds
lawful money, it fhall be lawful for fuch party or parties to enter an appeal from
fuch judgment or fentence to the fuperior court of the faid county ; and if, upon the
hearing in the fuperior court, fuch judgment or fentence fhall appear to be juft, ac-
cording to the right of the cafe, the fame fliall be- affirmed notwithstanding any mis-
pleading in matter of form. That where the defendant appeals from the judgment
or fentence of the county court, he fhall previous to obtaining fuch appeal, pay into
open court all legal cofts which fhall and may have accrued in the county court on
fuch judgment, and fhall alfo give bond, with good fecurity, to be approved of by
the court, for profecuting the appeal with effecl:, and to pay all legal cofts a^^da-
mages awarded to the appellee, if the judgment of the county court fhall be affirmed.
And where the plaintiff fhall appeal, then the fpecial bail given by the defendant in the
county court, fhall ftand bound to anfwer the judgment of the fuperior court, or render-
in execution the body of his principal; and fuch appellant fliall alfo give bond with fuf-
ficient fecurity to profecute the appeal with effecl:; which bond fliall be made payable
to the appellee, conditioned as aforefaid ; and upon failing to appear and profecute
fuch appeal according to the condition, fuch bond fhall be forfeited and enure to the
appellee. And if upon trial of any appeal the judgment or fentence of any county
court
LAWS OF GEORGIA. 4o3
court fhall be reverfed, the fuperior court fhall enter fuch judgment thereupon, A. D. 17S9.
as fhould have been entered or made in the court below. No- 421.
LI. And be it further enacted by the authority afore/aid, That the clerks of the feve- The clerks to
ral county courts fhall provide, and keep at their own expence, all neceflarv record keep He«ffarr
i 1 e i_ j- r,i , a „ ,, r • J * record books at
books for the proceedings ot the county courts, and fhall make a fair record of fuch their own cx-
proceedinss, together with all fuch other papers appointed by law to be bv them P<Lnce— 'r,heir
% ■ 1 * 1 1 ■ •• /!■ r i- t r 1 n offices to be m-
recorded. And the juitices prehding in the feveral county courts, fhall annually fpe&ed.
appoint two fit perfons of their number, to infpect the clerk's office of their county,
and report to the next court the condition in which they find the papers and records.
LII. And be it further entitled, That in all fales of lands and tenements to be fold Lands and other
under execution from the fuperior or inferior county courts, not lefs than twenty- vropeny under
five days notice fhall be given ; and in all cafes of fales of perfonal property, fifteen to be fold.
days notice fhall be given by the fheriff or his deputy in the public papers,, or three
or more of the moft public places in his county ; and all fales fhall be at the court
houfes or places appointed for holding courts in the faid counties, between the hours
of ten and one o'clock on each day. Provided always, That it fhall be at the option Provifo.
of the defendant or defendants to point out to the fheriff, and he is hereby obliged De.fendant may
1 riiriiri, ,- point out the
to levy on the property fuch defendant choofes to be levied on, if the fame be fuffi- property which
cient. Provided always, That nothing herein contained fhall prevent the fheriff or *allb«firflfo]d»
his deputy, from levying on any property of the defendant ; but he fhall in all. cafes
firft fell that which the defendant may point out.
LIII. And be it further enaited by the authority aforefaid, That where any judgment Executions may
fhall be obtained in any county court for any debt or damages, and the perfon againft ^nd Served1 b°
whom fuch judgment fhall be obtained, fhall remove with his or her effects out of thefheriffofany <
the county, it fhall be lawful for the clerk of the court where fuch judgment was cu'Jnty#
given, at the requeft of the perfon or perfons obtaining fuch judgment, to iffue exe-
cution, directed to the fheriff of any county within the State wherein the defendant
or debtor, or his lands, tenements or goods and chattels fhall be found, which faid
fheriff, or his lawful officer, is hereby empowered to ferve and execute the fame, and-
fhall make return thereof to the court where the judgment was given, in the fame
manner as the executions ferved and returnable in the county are directed.
LIV. And for the relief of the citizens of this State againft caufelefs and vexa- in anions of af-
tious fuits, and for the better enabling them to recover their jufl rights, Be it further **u1'' ba"«7*« r
enabled by the authority afore/aid, That in all actions of affault, battery, or flander, jury find under
commenced and profecuted in the county court, if the jury find under two pounds ^i' the Pla'n"
1 ' 1 ■ •ft a 11 trrt to pay colts.
lawful money, the plaintiff fhall not recover but pay cofts. And in all actions of Cofts in adiions
trefpafs, by force and arms, unJefs the court be of opinion, and fhall order fuch °ftrefpafs, &f>
opinion to be entered on record, that fuch trefpafs was wilfully committed, if the-
jury find under forty fhillings, the plaintiff fhall not recover more cofts than damages; ;
and where feveral perfons fhall be made defendants in any action of trefpafs by force
and arms, affault and battery, flander or falfe imprisonment, and upon trial thereof,
one or more fhall be acquitted by verdict, every defendant fo acquitted fhall have
and recover his or their cofts of fuit, in like manner as if a verdift had been given ■
DIGEST OF THE
4°4
A. D. 1789. againft the plaintiff or plaintiffs generally in favor of all the defendants, unlefsthe
No. 421. court at the time of trying fuch action (hall be of opinion there was reafonable caufe
for making fuch perfon or perfons defendant or defendants thereto, and fhall fo order;
and in all cafes where judgment (hall be given for the defendant, he (hall recover his
cofts againft the plaintiff, and have execution for the fame.
«. • • the LV. And be it further enacled by the authority aforefaid> That all aaions brought
count/" "«»s inthe^county courts where the plaintiff fhall die after an interlocutory judgment, and
on ''acTounttf before final judgment obtained therein, fuch aaion fhall not abate if the fame might
the death of a be originally profecuted or maintained by the executor or admimftrator of fuch plain*
SSS&ftch tiff : And if the defendant fhall die after fuch interlocutory, and before final judgment,
cafes. fuch aaion fhall not abate, if the fame were originally maintainable againft the exe-
cutors or adminiftrators of fuch defendant, but the plaintiff (or if he be dead after
fuch interlocutory judgment) his executors or adminiftrators fhall and may have a
fcire facias againft the defendant, if living, after fuch interlocutory judgment, (or if
he died after, againft his executors or admininiftrators) tofhew caufe why damages in
fuch a&ion fhould not be affeffed and recovered by the plaintiff or plaintiffs ; and if
fuch defendant or his executors or adminiftrators fhall appear at the return of fuch
writ, and not fhew or alledge a fumcient caufe to arreft the final judgment, or being
returned executed, or upon two writs vifcire facias be returned that the defendant or
his executors or adminiftrators had nothing whereby to be fummoned, or could not be
found in the county or fhall make a default, a writ of enquiry of damages tell be
thereupon awarded, which .being executed, judgment final fhall be given for the faid
plaintiff, his executors or adminiftrators, and if there be two or more plaintiffs or
defendants, and one or more of them fhould die, if the caufe of aaion fhould iurvive
to the furviving plaintiff or plaintiffs, or againft the furviving defendant or defendants,
the aaion fhall proceed, and in all aaions in any of the county courts in this State,
if either party fhall die between verdia and judgment, there fhall be no abatement of
fuch aaion, but the.fame fliall proceed as if both parties were living.
- rit for TVI. dnd be it further enacled, That when any procefs fhall be fued forth and pro-
cXtobeg'iven fluted in any county court, or before any juftice of the peace, by virtue of any
SnsTewlgoTt letter or warrant of attorney, or letter of fubftitution from any perfon or perfons ro-
of the State. fldmg out 0f this State, againft any perfon or perfons rending withm this State, the
perfon fuing forth fuch procefs, or profecuting fuch fuit,' at the firft calling thereof
in court or any time thereafter when required, fhall, upon motion, be ruled to give
fufficient fecurity to the defendant, for all cofts accruing in any fuch aaion or other
fuit before the clerk or one of the juftices of the court, and if fuch perfon or his attor-
ney fhall fail to give fuch fecurity, being thereunto required, the fuit fhall be difmiffed,
and the defendant frill have judgment againft the attorney for cofts.
Anions of debt LVII. And be it further enacled by the authority aforefaid, That all judgments, bonds,
23^228 bills, promiffary notes or other writings, with or without feal, where the debt or
"demands figned demand is liquidated, and figned with the hand of the debtor, fuch writing fhall con-
;byihe debtor. ft.tute fpecialty for fuch debt . and all fuits to be commenced thereon in the county
courts, may be by aaion of debt, any law, ufage or cuftom, to the contrary notwith-
ftanding.
LAWS OF GEORGIA.
405
LVIII. And be it enabled^ That the drawing, fummoning, and Impannelling jurors,
and the fines, forfeitures and penalties be the fame as herein before pointed out for
the government of the fuperior courts. And all writs which may be iffued in the
county courts fhall be after fuch form and rule as praclifed in the fuperior courts of
this State.
LIX. And whereas it is neceffary to veft the faid county courts with a jurifdiclion
over taverns : Be it further enacted by the authority afore/aid, That the juftices of the
faid county courts refpeclively, on the firft court which fhall be held in each fucceed-
Lrig year, (hall hear in open court all applications for licenfes to keep taverns or public
houfes within their refpeclive counties, or fhall reject fuch applications or grant fuch
licenfes for one year, as to them fliall feem meet, on paying the fum or funis pointed
out by law, to and for the ufes therein mentioned : And every perfon who mall obtain
a licenfe to keep tavern, fhall give bond, with two fufficient fecurities, in the fum of
fifty pounds fterhng, payable to the juftices of the court where fuch licenfes fhall be
obtained, for the ufe of the county, that fuch perfons fhall keep good and wholefome
meat and drink, and lodging for travellers, and the ufual provender forhorfes. And
if any perfon thail prefume to keep a tavern, without having obtained fuch licenfes,
fuch perfon fhall forfeit and pay a fum not exceeding fifty pounds ilerling, to be reco-
vered by information upon motion in any court of record having jurifdiclion thereof,
one moiety to the ufe of the county, and the other to the perfon who fliall inform
and profecute the fame.
LX. And be it further enacted by the authority aforefaid, That the feveral juftices at
the courts wherein fuch licenfes fhall be granted, fliall caufe a fair rate of meat,
drink and lodging, and provender for horfes to be made and afcertained, allowing
tavern keepers a j ait and reafonable profit, attefted copies thereof fhall be made out by
the clerk of the court, and each licenfed tavern keeper fhall have one, and fliall affix
the fame in the moft confpicuous part of his moft public room, convenient for the
infpe£tion of all perfons calling at fuch tavern, and fliall charge no more than is al-
lowed in fuch rates. And if any tavern keeper fhall charge or demand more than in
the faid rates, he, fhe or they is, or are allowed and authorized to charge, he, fhe or
they, fliall forfeit and pay three times the amount of fuch charge, to be recovered by
warrant or information, before any juftice of the peace, or court having juriftHction
thereof, one half to the perfon who fliall inform, and fue for the fame, and the other
for the ufe of the county where the fame fliall be recovered.
LXI. And be it enacted, That in all caufes heard before the judges, juftices or
juftice of the peace, having cognizance of caufes, fhall in all fuch cafes receive the
belt evidence the nature ef the cafe will admit.
LXII. And be it enacted. That the juftices of the faid inferior courts fliall have
power to enquire into the circumftances of the poor, bind out orphans, and appoint
guardians where neceffary, in the manner pointed out by law, and other children that
have not a comfortable fubfiftence or abilities to procure common education, to feme
mechanic trade or lawful occupation, and appoint overfeers of the poor. And the
faid juftices and overfeers of the poor fliall have power to levy annually, a tax, rate
and
A.D. 1789.
No. 421.
Juries to be
drawn, &c. in
like manner,
and the fines and
penalties to be
the fame as in
the fuperior
court.
Tavern licenfes
to be granted
annually by the
inferior courts.
Perfonskeeping
taverns without
licence to befin-
ed not exceed-
ing £s°-
Tavern rates.
Perfons exceed-
ing them to for-
feit three times
the amount.
The bed evi-
dence to be re-
quired in all
cafes.
Juftices of the
inferior courts,
their pewersre-
fpecting the
poor and or-
phans,
&c.
V
4o6 DIGEST OF THE
A. D. 1789. and a fiefs all taxable property belonging to refidents in their refpe&ive counties not
°' 4ai# exceeding one fifteenth part of the general tax of fuch county annually, which (hall
be collected in fuch manner as the juftices fhall direct. And in cafe any perfon or
perfons fhall refufe or neglect to pay fuch tax, it fhall and may be lawful for fuch col-
lectors to diftrain for the fame in like manner as is directed in collecting the general
tax, and fhall have the like commilfion therefor. And the money arifing from the
faid tax fhall be paid into the hands of the faid overfeers of the poor, for the relief of
the poor.
And in cafes of LXIII. And be it further enaEled, That the faid juftices fhall have and exercife all
baitardy. ^ p0wers an(j authority heretofore had and exercifed by the juftices in and out of
fefiion, in cafes of baftardy.*
Toappointcon- LXIV. And be it enabled, That the juftices of the inferior courts fhall yearly and
itabiesannually. every year on the firfl court after the fir ft day of January next, appoint conftables
in like manner, under fuch rules, and fubject to fuch penalties as is pointed out by
law.
Attornies how LXV. And be it enaSIed, That no perfon fhall be allowed to practice or plead in.
rcabebedM end"' an^ °^ ^ ^uPerior or inferior courts, until examined in open court, and admitted by
id and tried for one or more of the judges of the fuperior court: Provided, That the perfons here-
Seir^ofeffioS tofore admitted flla11 not be deprived by this act from pra£Hfing in either court ; but
the juftices may fufpend, and the judges or either of them may try an attorney for
malpradtice in his profeflion. And all fines, forfeitures and penalties impofed by
this or any other act, fhall be recovered in the molt ufual or fummary way.
Acts repeated: LXVI. And be it enaBed, That the act, entitled " An act for opening and regu-
a"da,ftre0©i"atingS lating the fuperior courts in the feveral counties of this State, and for the more con-
*%. pafleTift"1"' venient adminiftration of juftice in the fame, agreeable to the conftitution thereof"
palled the firfl day of March, one thoufand feven hundred and feventy-eight ; the
An aa to repeal act, entitled " An act to repeal fome parts of the fuperior court act, and for other
fuperior conn act, purpofes therein mentioned," palled the thirteenth dav of February, one thoufand
paded 13th Febru- >«',', 1 1 • i ~ r i rt • 1 1 '
ary,i78(i. {even hundred and eighty-fix; the act, entitled " An act for the more fpeedv reco-
An ait for the ........ .. _ . . r J
more ipeedy reco- very of fmall debts and damages," paffed on the twenty-fourth day of April, one
very of I'mall debts, , , , r iiiir 1 r> • '■. r >
etc. pallid 24th thouiand (even hundred and iixty; the act, entitled " An act to explain and amend
An aa to expia-n an act, entitled An act for the more eafy and fpeedy recovery of fmall debts and
;nd amend the laid 1 „
act, palled
March, 1762
:, paiied 4ti» damages," paffed the fourth day of March, one thoufand feven hundred and fixtv
h, 1762. „ „ /
two ; the act, entitled " An act for opening the courts of juftice under certain
Anaafbiopenin<r redactions therein mentioned," paffed the fifth day of Auguft, one thoufand feven
the courts otjuflice J o ' 1* v* *^»v*x
&iv>Juf7Hi.5l]l "undred and eighty-two ; the aft, entitled " An aft for afcertaining the qualifications
An act for afcer- neceffary for the admifiion of attornies, folicitors and proctors, in this State," paffed
Nations Mecelrary the twentieth day of January, one thoufand feven hundred and eighty-four; and the
of atrorriies, '-etc" act, entitled " An act to amend an act for afcertaining the qualifications necefiarv for
■17*178*.' Ja"1" tne admifiion of attornies, folicitors and proctors, in this State," paffed the thirteenth
th" fafd act^iitd day OI" February, one thoufand feven hundred and eighty-fix ; except fo much of the
j3th.Feb.17u>. ]afl. recite act as relates to the perfons therein named, be, and the fame are hereby
p repealed. LXVII
* See-aft of 1793, No. 488, on this fubjed.
LAWS OF GEORGIA, 407
LXVII. And be it enabled, That the clerks of the fuperior courts may be clerks of A'N^ TJ^'
the inferior courts. cierksofthefupe.
nor may be clen..s
LXVIII. And whereas there are now depending in the courts of confcience, caufes rftiifttwcoirtts,
0 Caufes andetei--
on which no determination have been had: Be it therefore enacted. That where fuch mined in t,ie crurt"
J of conicience how
caufes are cognizable, the fame to be transferred to the inferior court, and thofe t°betr«d-.
not, to the determination ofajuftice as is heretofore pointed out in the faid act,
without obliging or compelling the party to commence new proceedings thereon.
LXIX. And be it further enabled ', That the places for holding the fuperior and The inhabitants in
inferior courts for the counties of Glynn and Camden, fhall be left to the inhabitants den"to 'prfnPo^
of the faid counties to point out. Provided, The fame be done on or before the fir ft w|,MTOt$bwithii)L
day of March next, any law to the contrary notwithstanding. the fame'
LXX. And be it enacted. That this act fhall be and continue in force until the firft Continuation of
Monday in November, one thoufand feven hundred and ninety, and from thence to this adt.
the end of the next feffion of aflembly and no longer.
SEABORN JONES, Speaker of the Houfe of Reprefentatives,
NATHAN BROWNSON, Prefdent of the Senate.
EDWARD TELFAIR, Governor.
December 23, 1789.
A fupplement to the federal land laivs of this State. No. 422.
I. X) E it enacted by the fenate and houfe of reprefcntatives of the State of Georgia in The governor
jL5 general affembly met, That the governor be, and he is hereby empowered to emP°wcrdtodi'
dire£t the form* and manner of pairing grants for lands through the fecretary of and manner of
State's office, any law, cuftom or ufage to the contrary notwithstanding. palling grants.
II. And be it further enabled, That the governor be, and he is hereby veiled with To fign the
all the powers of governor and executive council, under the late conftitution, fo far fan»eandt°hear
,/-., iiii- 11 •• . .. an" determine
as the laid powers extended to the hearing and determining on caveats and fignmg of on caveats.
grants.
III. And be it alfo enabled, That any three or more iuflices of the peace, in their *ny3or«iwrejor-
' ■> » • '■ tices fftall ule and
refpe&ive counties, fhall ufe and exercife the powers given to four juftices and an ^^m \?L tohe
affiftant juftice, by the act, entitled " An a£t to repeal and amend fome part of an a£t ?"(uCenbv1andSa
entitled, An aft for opening the land office," pafTed the firft day of Auguft one of «* Auguft;i783.
thoufand feven hundred and eighty-three: Provided, That the faid three or more l^Tof "them to
juftices fhall each of them fign all warrants for land by them granted. granted. wa,Tai}ts
IV. And be it further enabled, That no plat of any furvey fhall hereafter be allowed The beginning
to pafs the office of the furveyor general, or any county furveyor, which does not cc°™" kfhnh
clearly fet forth the beginning cornerf of fuch furvey : And no county furveyor fhall in all plats.
be allowed to proceed in the duties of his office, without firft giving bond and ap-
proved
* The form and manner of pafling grants prefcribed, page 408.
t See order of the executive, page 409.
4o8 DIGEST OF THE
A. D. 1789. proved fecurity, in tlie fum of two thoufand pounds, payable to the governor for
No. 421. (.j^g tjme De;ng anci hjs fucceflbrs in office, for the faithful difcharge of the duties
No county furvey- « , - _ - r
or (haii proceed required or iucn county iurveyor.
bond and good ft- SEABORN JONES, Speaker of the Houfe of Reprefentatives.
cmity ;" 20°">1" NATHAN BROWNSON, Prefdent of the Senate.
EDWARD TELFAIR, Governor,
December 23, 1 789.
STATE HOUSE, Augufta, Thur/day, January 14, 1790.
A SUPPLEMENT to the feveral land laws of this State, palled at Augufta the
twenty-third day of December, one thoufand feven hundred and eighty-nine, being
taken up, the following proceedings are thereon directed
Form of grants. That the form of a grant be in the words following :
cn State of Georgia.
°§ By his excellency , captain general, governor, and commander
&* in chief in and over the faid State, and of the militia thereof.
*** 21? all to whom thefe prefents Jhall come, Greeting:
«' I&flOtO PC, That, in purfuance of the act for opening the Land Office,
£ and by virtue of the powers in me vefted, I have given and granted, and by
£ thefe prefents, in the name and behalf of the faid State, do give and grant unto
3 heirs and affigns for ever, all that
"^ tract or parcel of land, containing acres, fituate, lying and being
™* in the county of in tne faid State, and butting and bounding
°£ having fuch fhape, form, and
3 marks, as appear by a plat of the fame hereunto annexed ; together with all and
§ fingular the rights, members, and appurtenances thereof, whatfoever, to the faid
~ tract or parcel of land belonging, or in any wife appertaining ; and alfo all the
n eftate, right, title, intereft, claim and demand of the State aforefaid, of, in, to,
or out of the fame ; To have and to hold the faid tract or parcel of land,
I and all and fingular the premifes aforefaid, with their and every of their rights,
■^ members, and appurtenances, unto the faid heirs and affigns,
£-> to and their own proper ufe and behoof for ever, in fee fimple.
Given under my hand, and the great feal of the faid State, this
day of ■ , in the year of our Lord ! , and in the
I
NO
year of American independence.
I Atteji,
JAMES MERIWETHER, S. E. D.
Ordered^
L AWS OF GEORGIA. 4 o9
'ORDERED* That the furveyor general, and the feveral county. furveyors do not K""cynr .r^rat
* JO' j j a>d count;- iirvey.
after the date of the before recited fupplement, pals any plat of any furvey of land "C**1.0^0 Za'\?"7
* J x A ^ x J J plat o* land wliirU
that does not clearly fet forth the beginning corner of fuch furvey. Ann that the f^^he^b&n*
furveyor general tranfmit to each of the faid furveyor's plans of. town. commons, and n:,lg c0;'"er
; o ' •» ■» Sarveyrr gfner.it
cf any other lands referved for public ufe. to ua'nfmit to tue
/ L rpfpedtive r.irvey-
*., n ors plars of town
Jttttyt, commons and other
JAMES MERIWETHER, S. E.D. Suc'^"*
An A SI for impofing a. tax for the year 1 790. No.
December 23, 1789.
An Aclfor incorporating the Anabaptift Church on the Kioka* in the n0 424.
county of Richmond.
WHEREAS a religious fociety has for many years paft been eftablifhed on the Preamble
Kioka, in the county of Richmond, called and known by the name of the
Anabaptift Church, on the Kioka: And whereas it isneceffary for the promotion of
religion and virtue, that churches or religious focieties be made capable of holding,
enjoying, and defending any property which they may acquire by donations or other-
wife : Be if therefore enabled by the fenate and houfe cf reprefentatives of the State of Enabled.
Georgia in general affembly met, and it is hereby enabled by the authority of the fame, That Tne anabaptift
Abraham Marshall, William Willingham, Edmund Cartledge, John Landers, James Kioka h.corpo-
Simms, Jofeph Ray, and Lewis Gardner, and their fucceffors in office (hall be, and rated» and truf-
they are hereby declared to be a body corporate by the name and flyle of the Truftees appointed.
of the Anabaptift Church on the Kioka.
II And be it further enabled by the authority aforefaid, That the faid Abraham Mar- Their powers,
Ihall, William Willingham, Edmund Cartledge, John Landers,' James Simms, Jo-
feph Ray, and Lewis Gardner, truftees as aforefaid, and their fucceffors in office,
(hall be inverted with all manner of property both real and perfonal, all donations,
gifts, grants, hereditaments, privileges and immunities whatfoever, which may belong
to the faid church at the time of paffing this act, or which may hereafter be made,
conveyed or transferred to them or to their fucceffors in office, to have and to hold the
fame for the proper ufe, benefit and behoof of the faid church ; and alfo that the
faid truftees and their fucceffors in office fhall be, and they are hereby declared to
be capable of fuing and being fued, impleading and being impleaded, and of ufing all
neceffary legal fteps for recovering or defending any property whatever, which the
faid church may hold, claim or demand, and alfo for recovering the rents, iffues and
profits of the fame or any part or parcel thereof.
IH. And be it further enaBed by the authority aforefaid, That the truftees of the faid To hold their
anabaptift church fhall hold their office for the term of three years ; and on the third office three years
Saturday of November, in every third year after the paffing of this act, the fupport- pointed by the
ers of the gofpel in faid church fhall convene at the meeting houfe of faid church, members of the
JVf.f and
4I0. DIGEST OF THE
A. D. 1789. and there, between the hours often and four, elecl: from among the fupporters of
£To. 424- the gofpel in faid church, feven difcreet perfons as truftees who (hall hold their office
for three years as aforefaid, with the fame powers and for the fame purpo-fes as above
declaredt
SEABORN JONES, Speaker of 'the Houfe of Reprefetitatives.
NATHAN BROWNSON, Prefidmt of the Senate..
EDWARD- TELFAIR, Governor,
December 23, 1789..
No. 425. An Ac! to incorporate the epifcopal church in Savannah, called Chrift
church ; and the independent congregational church or meeting
houfe-, at Midway > in Liberty county ; and to authorize the govern
nor to grant charters of incorporation to other religious focieties.
Preamble. ^["HT 7" HERE AS it is- neceffary, for the promotion- of religion and virtue, that
^/^ churches or religious focieties be made capable of holding, enjoying, and
defending any property that they have or may acquire by gifts, grants or otherwife ;
And as Chrift church in Savannah has, long fince, been eftablifhed ; and a religious-
fociety at Midway, denominated the Independent Congregational Society, have like-
T al d wife, long fince, had a church or meeting houfe there : Be it therefore enabled by the
The epii'copal fenate and houfe of reprefentatives of the State of Georgia in general affembly met, That
church in Sa- Leonard Cecil, and John Haberfham, church wardens j and; Jofeph Clay, James-
rated! 'church Moflman, James Haberfham, Jofeph Haberfham, George Houftoun, William Ste-
wardess - and phenSj Samuel Stirk, John Houftoun, George Bafil Spencer, and George Jones, and
jned. their fucceflbrs in office, fhall be, and they are hereby declared to be,, a body corporate,
Their powers, by the name and ftyle of the Church Wardens and Veftry Men of the epifcopal
church in Savannah, called Chrift church j and they the faid Leonard Cecil, and John
Haberfham, church wardens ; and Jofeph Clay, James MofTman, James Haberfham,.
Jofeph Haberfham, George Houftoun, William Stephens, Samuel Stirk, John Houf-
toun, George Bafil Spencer, and George Jones, veftry, men as aforefaid, (hall be
invefted with all manner of property, both, real and perfonal ; all monks due, dona-
tions, gifts, grants, hereditaments, privileges and immunities whatever, which may
belong to the faid church ; and all monies that have been granted forre-building the
faid church, or for building anew church ; or which may hereafter be given, granted*
conveyed or transferred for re-building the faid\church, or for building a new ch«rch-
in Savannah ; or which may be made or transferred to them, or to their fucceflbrs in?
office: To have and. to hold the fame, for the proper ufe, benefit and behoof of the*
faid church : And the faid church wardens and veftry men, and their fucceflbrs in;
office fhall be, and they are hereby declared to be, capable of. filing and being fued,
and of ufing all neceffary legal fteps, , for recovering and defending any property what-
ever, which the faid church may hold, claim, or demand, and is herein fecured or-,
otherwise j and alfo with power to make all neceflary regulations and rules, and to
recover
LAWS OF GEORGIA.
41 x
recover in their own name or otherwife, as we'll the faid monies a-s other property, A. D. 1789,
with all rents, iflues and profits of the fame, or of any lands, monies or other eftate No- 4a5-
belonging thereto, or of any part thereof.
II. And be it further emitted, That the faid church wardens and veftry men (hall To be appoint-
hold their offices until Eafter PVIonday next ; and on that day, and on every other e,d aHftuaW7*>y
Salter Monday annually thereafter, the members and fupporters of the gofpel in faid the church. '
church fhall convene at the church aforefaid, and there, between the hours of ten
and two o'clock, elect from and among the members and fupporters of the gofpel in
the faid church, two difcreet perfons as church wardens, and feven other difcreet
perfons as veftry men for the faid church, who fhall be, and is and arefhereby declared
to be, vefted with all necefTary powers to carry the purpofes intended by this act
fully into effect.
III. And be it further enabled by the authority aforefaid, That Samuel Saltus, Gideon The conorega-
Dowfe, John Elliott, William Quarterman, and Peter Wynn, and their fuccefTors tio.nal chu.rch ^
in office, fhall be, and they are hereby declared to be, a body corporate, by the name porated: Sella
and ftyle of the Select Men of the congregational church or meeting houfe at Midway ; nien. named~
and they the faid Samuel Saltus, Gideon Dowfe, John Elliott, "William Quarterman P°A
and Peter Wynn, felect men as aforefaid, fhall be inverted with all mauner of pro-
perty, both real and perfonal j all monies due or to grow due, gifts, grants, here-
ditaments, privileges and immunities whatfoever, which may belong to the faid in-
dependent congregational church, meeting houfe, or religious fociety under the
faid denomination, together with all monies that have been granted for rebuild-
ing the faid church or meeting houfe, or for building a new church or meeting
houfe at Midway, or any other place in Liberty county aforefaid; or which mav
hereafter be made or transferred to them the faid felect men or their fuccefTors in
office : To have and to hold the fame for the proper ufe, benefit and behoof of the
faid independent congregational church or meeting houfe : And the faid felecl: men,
and their fuccefTors in office, fhall be, and they are hereby declared to be capable of
fuing and being fued, and of ufing all necefTary legal fteps for recovering and defend-
ing any property whatever, which the faid church or meeting houfe may hold,
claim or demand, and is hereby fecured or otherwife; and alfo with power to make
all necefTary regulations, and to recover in their own name or otherwife, as well the
Taid monies as other property, with all rents, iflues and profits of the fame, or of
any lands, houfes, or other eftate belonging thereto, or any part thereof.
IV. And be it further enatted, That the faid felecl: men fhall hold their offices To be annually
-until the fecond Wednefday in March next ; and on that day, and every fecond Wed- eleiaeii by the
nefday in March annually thereafter, the members and fupporters of the gofpel in church.
the faid church or meeting houfe, fhall convene therein, and there between the hours
of ten and two o'clock elect from and among the members and fupporters of the
gofpel in the faid church or meeting houfe, five fit and difcreet perfons as felecl men,
who fhall be, and is and are hereby declared to be vefted with all necefTary powers,
to .carry the purpofes intended by this act fully into effect.
V.
DIGEST OF THE
A D. 1789, V. And be It further enaEled, That it (halt and may be lawful to and for his excel-
No. 425. kncy the governor at any time or times hereafter, on application in writing of any
The governor religious fbciety, belonging to any church or place of worfhip, now ereded or that
?t>: may be erefted hereafter, to grant under his hand and the great feal of the State,
^incorporation ^j and cuftomary charters of incorporation to fuch members of the laid churches
or places of worfhip •, and to authorize fuch bodies politic or corporate, to fue and
be fued j and to have and to hold ail lands and tenements, monies and other goods
and chattels, that already belong to fuch religious focieties, or which may hereafter
be given, granted or bellowed, and the fame to have and receive to the proper ufe
and behoof of fuch churches or places of worfhip, in fuch manner, as the members
and fupporters of fuch church or places of worfhip fhall point out in their appli-
cation for fuch charter, on the principles of this aa, and with the fame privi-
leges and advantages as are granted, given and fecured to any church or. religious
fociety incorporated by this act.
SEABORN JONES, Speaker of the Houfe of Reprefentatives.
NATHAN BROWNSON, Prefident of the Senate.
EDWARD TELFAIR, Governor.
December 23, 1789.
No ■ 4s6 i Ah Ac! for repealing certain parts of acls therein mentioned.
The paper bills Y> E // enoffid by, the fenate and houfe of reprefentatives of the State of Georgia in gene-
of credk emit- [j raj ajfembly met, That fo much of an aa palled the fourteenth day of Auguft,
ie7d86ntorbfnof one thoufand feven hundred and eighty.fix, for emitting the fum of . fifty thoufand
longer a kg3l pounds in bills of credit, and foreftablifhing a fund for the redemption of the fame,
teHd<*J and for other purpofes therein mentioned, as declares that the bills of credit emitted
by virtue of the faid aa, and therein declared to be a legal tender in all paft and
future bargains* contraas, purchafes, agreements, dealings, debts, dues and de-
mands, according to the time fpecifkd in the faid bill, mall- no longer be -and continue
a legal tender in any paft or future bargains, contraas, purchafes, agreements,!
dealings, dues and demands whatever, from and after the fourteenth day of Auguft,
next.
So much of tie VU And be it further enaBed, That fo much of an aa, palled the third day ol
ad to redeem February Qne thoufand feven hundred and eighty -nine, entitled " An aa to redeem
ioSiethe paper medium, of this State," which extended the tender of the faid papci
85 Tte*S- thf medium until the fifteenth day of- January one thoufand feven hundred and ninety.,
rejeakd. "^ ' four, fhall be and the faid feveral claufes of both aas are hereby repealed.
SEABORN JONES, Speaker of the Houfe of Reprefentatives.
NATHAN BROWNSON, Rrefdent of the Senate.
EDWARD TELFAIR, Governor.
December 23, 1789..
A.
LAWS OF GEORGIA. 413
An Aft for prefcribing the regulations and reft riclions under which A. D. 1789.
the governor Jh all appoint militia officers and Secretaries. No* 4a7'
I. II. A LTERED by act of 1792, No. 468, feci. 5.
XjL III. And be it further enacled, That the fecretaries of the governor, Governor's fe-
(not exceeding two) fhall be citizens and refidents of this State 3 and fhall have at- anSiiaido^tt'
fcained to the age of twenty-one years.
SEABORN JONES, Speaker of the Houfe of Reprefentativet.
NATHAN BROWNSON, Preftdent of the Senate,
EDWARD TELFAIR, Governor.
December 23, 1789*.
An Aft for regulating the appointment of juftices of the peace in the No. -4*8.
fever al counties of this State-) and for empowering the governor to
fill up all vacancies that may happen in office during the recefs of
the general affembly. *
I. Tf% E it enabled by the fenate and houfe of reprefentatives of the State of Georgia in- Juftices of the
JL3 general affembly met) That from and immediately after the pa fling of this f^f '"n^ai
act a commifKon of the peace for each county fhall be iffued by the governor, under court by com
million fro
governor.
the great feal, directed to the perfons who fhall be appointed juftices of the peace by
the general affembly. That the juftices fo appointed and commiffioned fhall before
they reflectively enter on the duties of their office, take and fubfcribe before the
clerk of the county in open court, the following oath or affirmation, viz. " I A. B. Oath to be tak*
do folemnly fwear or affirm, that I will adminifter juftice without refpec't to per- en J,y tn£m-
fons, and do equal right to the poor and to the rich, and that I will' faithfully and
impartially difcharge and perform all the duties incumbent on me as a juftice of the
peace for the county of — , agreeably to the constitution and- laws of the State,
and according to the bell of my abilities and underftanding. So help, me God.""
And fhall alfo take and fubfcribe the oath required by the conftitution of the United
States. .
IV. And be it further enafled, That it fhall be a part of the duty of the attorney Actcrney, orfo-
or folicitor general, or one of them, to prepare the form of all commifTions when ^"'^Jfertw
required, and to prefent the fame to the governor for his. concurrence before they form cf com-
fhall be acted on by the fecretary of the State, and that the faid attorney or folicitor Squired. WAnd
general fhall give, from time to time, when required by the governor, opinions in to give opinions
. . t . , . ,. 1 r i . . in writing to
writing on any matter or thing, relative to, or pending before the executive de- the governor.
partment..
SEABORN JONES, Speaker of the Houfe of Reprefentatives.
NATHAN BROWNSON, Preftdent of. the Senate
EDWARD TELFAIR, Governor.
Lecember 23, 1789. An
* So much of this ac"l as relates to the appointment of juftices of the peaee and empowering the governor
to fill vacancies, rendered olfokte by the conftitution of 1798.
4^4 DIGEST OF THE
A. D. 1789. jln Ml to carry into ejfecl the fixih feclion of the fourth article of the
confitutiony touching the diftribution^ of the intefiate eftates, direct-
ing the manner of granting letters of ad minift ration, letters tefia-
■mentary, and marriage licenfes.
The true confivic-
tion of the 6ih fc-
E it enacted by the fenate and houfe of reprefentatives of the State of Georgia in ge~
fidkofVuUwitti- ]L3 wrnl ajfembly met, That the true conftrudtion of the fixth fection of the
tutl0n- fourth article of the conftitution, (hall and is hereby declared to be as follows : When
The real and per- ■• ,....„
limaiciutcif per- any perfon holding real and perfonal eftate, fliall depart this life, inteftate and with-
l";>ns dying Intel- I * ° r ' .
ute, to be amfi- out will, the faid eftate, real and perfonal, {hall be conhdered as altogether of the
the fame nature. fame nature, and upon the fame footing ; fo that in cafe of there being a widow and
and upon the fame » r o ' o
divided' hmvtobe children, or child, they fhall draw equal (hares thereof, unlefs the widow (hall pre-
wkiow's dower. "^er ner dower ; in which event fhe {hall have nothing further out of the real eftate
<than fuch dower ; but fliall neverthelefs receive her proportionable part or fiiare out
of the perfonal eftate- In cafe any of the children fliall have died before the inteftate,
their lineal defcendants fhall ftand in their place and ftead ; in cafe of there being a
widow and no child or children, or legal reprefentatives of children, then the widow
•fhall draw. a moiety of the eftate, and the other moiety {hall go to the next of kin in
equal degree and their reprefentatives. If no widow, the whole fhall go to the child
jt neither widow or children. If neither widow, child, or children, the whole fhall be diftributed among
whole .to-be diftri- the next of kin in the equal degree, and their reprefentatives; but no reprefenta-
r.e'xc of kin°in e- tives fhall be admitted among collaterals further than the child or children of the intef-
their rq.refciua- rate's brothers and filters : If the father or mother be alive, and a child dies inteftate,
and without ifiue, fuch father (or the mother, in cafe the father be dead, and not
otherwife) fliall come. in on the fame footing, as a brother or fifter would do. The
The next of kin ; next of kin fhall be inyeftigated by the following rules of confanguinity, that is to fay,
be in vera gated.10 children {hair be neareft ; parents, brothers and fillers fliall be equal in refpedl to
vnittedato a°diitri' diftribution, and coufins fhall be next to them : The half blood fliall be admitted to a
common wTth the diftributive fhare of the real and perfonal eftate in common with the full blood.
" °'K , II. And be it further ena&ed, That the fame rules fhall obtain in regard to the
The fame rules to J ' 0 "
obtain on granting granting letters of adminiftration on inteftate eftates, as are before mentioned for the
aumimltratlon on o o *
inteftates eftates. diftribution thereof : and fhould any cafe arife, which is not exprefsly provided for
Caft-s not particu- n i r n 1
lariy provided ihr, by this act, refpedling inteftate eftates, the fame fliall be referred to and determined
how to be deter- '. > r o • 1 1 n
pi'med. by the common law of this land, as it hath ftood fince the firft fettlement of this
State, except only, that real and perfonal eftate fliall always be confidered, in refpedl;
in cafes of inter- to fuch diftribution, as being precifely on the fame footing: And in cafes of inter-
F^ruary, 1785, die marriage, fince the twenty-fecond day of February, one thoufand feven hundred and
wiie eto Vcome eighty-five, the real eftate belonging to the wife fhall become vefted in, and pafs to
.band. '" " the hufband, in the fame manner as perfonal property doth : And in cafe of the death
of the hufband thereafter, inteftate and without will, the faid eftate fhall defcend
and become fubjedt to diftribution, in the fame manner as perfonal property.
III.
* Sec ad of 1797, No, 582, feci. 8, pointing out the mode of compelling diftribution.
LAWS OF GEORGIA. 4i5
HI. And be it further enacled by the authority af ore/aid, That all letters of admini- A- D« *789'
ftration {hall be granted, letters teftamentary iflued by, and the proving of wills, be N(>' 429'
before the regifter of probates of the county ; and where applications are made for JSSbjJjS
letters of adminiftration, the regifter fliall give thirty days notice thereof in fome and .duties re-
public gazette, and by advertifement at the court houfe in each county, before fuch SldmfniftS^
letters fli all be granted : But fuch regifter fliall or may, at his difcretion, grant letters on and tefta"
to collect, and take care of the eftate and effe£ts of the deceafed, as well during the ThT prying of
thirty days, as pending any fuk touching the right of granting fuch adminiftration or wiils<
otherwife, as the oceafion (hall require, taking good and fufficient fecurity from the
perfon or perfons to whom he fliall grant fuch temporary letters.
IV. And be it further enaFted by the authority aforefaid, That the judge or judges of TUe ftpwiw court
the fuperior court (hall be, and they are hereby authorized and empowered to take m^M- <vaa£
cogmzance of, to hear and determine all controverfies refpefting the proving of wills ^ w***ir« ?S
j.n 1 ., r ° r o wills, ^ranting
and teitaments, the granting letters teftamentary, and letters of adminiftration ; and lett,rE« ctc-
that in all cafes wherein a caveat has been before entered, and is yet undetermined, &£' £*J£«m
©r wherein a caveat may hereafter be entered, to prevent the proving of a will, grant- $Ve°c!nL°L
ing letters teftamentary, or letters- of adminiftration, the regifter of probates- fliall feSinVd*
twenty days before the firft meeting of the fuperior court of each county, make up feorTou/tfor
the record of all proofs and allegations touching the matter in difpute before him, §21 l'icxetmini'
and lay the fame before the judge or judges of the fuperior court, who, after hearing
the parties, and conGdering the proofs exhibited or to be exhibited fliall proceed t®-
determineon fuch caveat agreeably to the rules and principles of law and equity:.
V. And be it further entitled, That where the regifter of probates applies for let- in applications or
ters of adminiftration or letters teftamentary, the fame fliall, in fuch cafe only, be ^8w£&r
granted by the clerk of the county, under the regulations herein contained : Provi- a&Ste&Sg
ded always,. That a record of fuch proceedings fliall neverthelefs be made in the office- Pl0vi£>-
of fuch regifter after the proceedings are completed.
VI. And be it further enaaed, That the regifter of probates in each county fliall S^ '#£"
grant marriage licenfes to any minifter of the gofpel or juftice of the peace to join Sn^arri^e
perfons of lawful age, and authorized by the levitical degrees, to be joined together lke"-fes,'
in tne noly Itate or matrimony ; and where fuch perfons, intending to marry; fliall nia>'.be jomea hi
1 i 1 r i ' r * o J) ««"» mamiroriy alter
nave the banns of the marriage publifhed three times in fome public place of. wor- SSirfiMi
fliip, it fliall be lawful for fuch minifter or jultice to marry the perfons fo publifhed Any perfon
aiforefaid; and any perfons marrying without fuch licenfe or publication, the perfon Sii? "tT1..
marrying them. fliall forfeit one hundred pounds,- to be recovered for the ufe of the d^ta$<
academy of the county. ,
SEABORN JONES, Speaker of the Houfe of Reprefentatives,
NATHAN BROWNSON, Prefdent of the Senate,
EDWARD TELFAIR, Governor.
December 2$f 1789.
*■ »
ASfa
the
narri&ge. •
mar-
other-
forfeit '
for the ul'et)f 1
Ai6 DIGEST OF THE
A. D.i 789. Jn A el for regulating the town of Augujla; and to amend an gc7>
entitled " An ad for regulating the toivn of Savannah, and ham'
lets thereof"
[THE fblions omitted relate to the incorporation cf Augujla.— 'Repealed by at! of
X. And%ohereas,hj an a£l of aflembly pa fled the tenth day of February one thoufand
feven hundred and eighty-feven, entitled " An a£t for better regulating the town of
Savannah, and the hamlets thereof," It is therein enabled, That certain perfons, ftyled
wardens, are to be elected in the faid town annually, by the proprietors of lots or
houfes, who are to elect from fuch wardens a perfon that is ftyled Prefident of the
The town of Sa- _ Board of Wardens; Now be it enabled, That the faid town of Savannah fhall be
Ler^cr'ftyled hereafter known and called by the flyle and name of the City of Savannah ; and
the city of Sa- that on the firft Monday in March, one thoufand feven hundred and ninety, and
thereafter annually, the owners or occupiers of any lot or houfe in the faid city or
hamlets, (hall, under the direction of any two or more juftices in the faid city, elect §
g!he mayor and an alderman for each wardf mentioned in the faid act, from among the faid citizens
to be'eledtedT*' generally, who fhall, on the Monday following after the election of fuch aldermen,
choofe from their own body a mayor; and that from and after the election of fuch
aldermen and mayor, their ftyle fhall be the Mayor and Aldermen of the city of Sa-
Empowered to vannah, and the hamlets thereof; and are hereby empowered to carry into execu-
tion the powersin- tion. the oowers intended by the faid act,i and fhall be a body politic and corporate,
tended by an act «f ' r, . r 1 • ■L r 11/1 1 , V .
173; tor the better t0 haVe and to ufe a common leal, with power to lue and be lued, plead or be lm-
i" emulation of die . . , , . . -
jidtow.i, and to pleaded, and may acquire, have, hold and enjoy, real or perlonal property, for the
e a body politic f ' -%,-/••*■ 111
nd corporate, etc. ufe anci benefit of the laid city and hamlets.
so much of the jq ^ncj fc jj further enabled. That fo much of the faid recited act: as is repuo
J ud act as is re- •/ r o
'mgnant to this, nant t0 the principles of this act be, and the fame is hereby repealed.
A health officer XII. And to prevent diforders or contagious diftempers from being fpread through-
!o be appointed t ^ State, Be it enabled, That a health officer, being a phyfician, fhall be appointed
(W the port of J • - . j. ' 1, ~. , - .
f.avannah— His for the port of Savannah, whole duty it Ihall be to go on board every vefiel arriving
rtuty and emo- £ foreign port, and before her arrival at Five Fathom Hole, and there examine as
JumentS. , 1 rr 1 1 1 •<- 1 r
to the health of the crew and paflengers on board, and certify the fame to the captain
or commander of fuch vefiel, for which certificate fuch phyfician fhall be entitled to
receive, and the captain of fuch vefiel fhall pay three dollars, after which being grant-
ed, the faid crew and paflengers fhall be permitted to pafs Fort Wayne, and not
otherwife.
The reft refpeSing the performance of quarantine repealed by aff of 1 793, No. 48$.
SEABORN JONES, Speaker of the Houfe of Reprefentatives.
NATHAN BROWNSON, Prefident of the Senate.
EDWARD TELFAIR, Governor.
December 23, 1 789. j£n
§ See alterations refpe&ing the election of aldermen by act of 1 797, No. 599.
f Additional number of aldermen. See aft of 1795, No. 529.
I Their jupifdidlion extended to the trial of civil caufes. See act of 1796, No. 548.
LAWS OF GEORGIA. 4,7
An Act to repeal fome part and amend fame other parts of an atl to regulate the infpeclion A. D. 1789.
of tobacco, No- 431-
December 23, 1789.
Repealed by ad, of 1 791, No. 4^7.
An A £1 for making compenfation to the troops in the fervice of this State., No. 432.
for difcharging the faid troops^ and for collecting and fecuring the
public arms.
I. r^ E it enacled by the fenaie and houfe of reprefentatives of the State of Georgia, in The officers and
[Mfc /• /r 11 1 , , 1 • /• 7 r m, , 6r , foldiers entitled
j|_^ general aljembly met, ana by the authority of the jame, 1 nat the pay 01 the to the fame pay
officers and foldiers in the fervice of the State, (hall be the fame as the militia when as, the. m»lui*
i-i • n •• n- • when in actual
in actual fervice ; and that the auditor be directed to liquidate their refpecHve claims, fervice.
upon proper vouchers being produced, and (hall grant each officer and foldier a certi- The auditor to
. , 1 1 r -i -r n • liquidate their
ncate for the amount of pay due them ; which faid certificates, mail be. received at claims, and to
the treafury as other audited certificates .are. give certificates.
II. And to the intent that no officer, or foldierj who is- not- actually in the fervics oVfhe6^^"™*
of the State at this prefent time, mall receive pay ; Be it enacled, That there fhail be GnWs'andibuii-
a general mufter of the faid regiment,, at the town of. Washington, , within three* SndwJthontnife
months from the paffing of this act, and that no officer or private (hall be entitled ££" be^ntuW »
to receive his pay unlefs he makes his appearance at the faid mufter, or fends a fuf- pay"
ficient excufe, on oath or affirmation, that he has been prevented from attending, by Prc',ir°-
' l . ^° deferter ' or-
ficknefs or fome other unavoidable calamity, firovided, That no man who is now f"i>{ijwre ^ i>e
. ' entitled tu piv.
returned a defeiter, (hall be entitled to receive pay, .nor. any perfon who has ferved as
a fubftitute.
III. And be it further enacled, That on the- day of general mufter as aforefaid, the poiit Smarms, in
troops (hall depofit their arms in the public (tore houfe, and the ftore keeper (hall Lnte^1 ,e
immediately forward a certificate of the number of arms,, with the names of the pri-
vates depofiting the fame, to the auditor-,, and that no private foldier fhall be entitled teivTply previous
to receive pay for any, time previous to the date of his captain's commiffion ; and. the taiiA* commii&n.
captains or commanding officers of the refpeclive companies, are hereby required to The commanding
make a return of the number of men in their refpective companies, with the dates nies to make re-
. , _ . , ' , . . , turns of ihenum-
of their enliftment, whicn ihall be i worn . to before the auditor, m the words bei -of men on oa u
following :
" I, A. B. captain or commanding officer of company of the State Form of the oath,
" troops, do folemnly fwear, that the return I now give in, is a jiift and tru£ return
" of all the non-comrniffioned officers and foldiers in my company with the dates of
M their enliftments, in which I have diftinguifhed between thofe who have been re-
" ceived or ferved as fubftitu-tes, from thofe who were not; and that I have not
" returned a man who has been abfent more than thirty days, without leave, atany
" one time from the regiment of State troops ; all which I declare without any
" equivocation or mental refervation whatever. So help me God."
G g g Which
* Further time allowed by ad of 1792; No. 471.
4i8 DIGEST OF THE
A. D. 1 789. Which faid oath the auditor is hereby empowered and required to adminifter to
No. 432. tfews captains or commanding officers of the faid companies refpedHvely ; and before
To lie admmi- r . , ° . i. '. ■*
flercd by the the auditor proceeds to give any non-commiffioned officer or private foldier a certifi-
auditor. cate, fuch non-commiffioned officer or private fhall take an oath, that the date of his
Non-tommiHi- . . „ . A ■ • n. 1 , ,
onedofficersand enhitment returned by his captain or commanding officer, is juit and true ; and that
foldierstobeal- ^e j^as never Deen abfent more than thirty days, without leave, at any one time from
fo fworn. i - . '
Trovifo. the fervice of the State, and that he has not been a fubftitute. Provided, That
Subftitutes not nothing herein contained (hall extend to debar the fubftitutes in the faid regiment
from receiving from receiving the bounty in land engaged to them by " An a£t to amend and repeal
the bounty m certain parts of an act, for fuppreffing the violences of the Indians," psffed the firft
lurid engaged to r rr ° ....
them. day of February, one thoufand feven hundred and eighty-eight.
The faid troops IV. And be it further enaBed, That the faid troops ffiall be allowed the fame
,flHalf. k a,loWi- bounty of land as is pointed out to them refpectively, in " An act for fuppreffing the
Jand pointed out violences of the Indians." Provided neverthelefs, That all officers and foldiers who
manadforfup- have Deen entrufted with any fpecies of public property, fhall be accountable for the
lencesoftheln- fame, and ffiall not be entitled to receive either his pay or bounty as aforefaid, until
ns" he ffiall return the arms fo received by him or them; and a receipt or acquittance
for fuch public property be produced to the auditor.
The legal re- V. And be It further enaBed, That in cafe of the death of any of the foldiers, then
leLafed'foldU ^ie captain or commanding officer of the company, ffiall give a certificate of the
ers entitled to fame to the legal reprefentative of fuch perfon, who ffiall be entitled to his pay and
emoluments. other emoluments, on producing the fame to the auditor.
The governor VI. And be it alfo enaBed by the authority aforefaid, That from and after the paffing
empowered to 0f thtis act, the governor fhall have full power to difcharge the faid troops, and take
laid troops, &c. fuch further order as he may deem neceffary to feeure the public property which may
be forthcoming ; and that he alfo be directed and required to caufe the commanding
officers of the different brigades of militia within this State, to have immediate re-
turns made from each brigade, of the perfons exempted from militia duty therein,
under the Jaw authorizing the enliftment of fubftitutes, together with a copy of the
certificates given to the individuals claiming fuch exemption ; and that the infpedtor
general be alfo required to make a return of the fubftitutes actually received, and
that have been in fervice.
SEABORN JONES, Speaker of the Houfe of Reprefentatives.
NATHAN BROWNSON, Preftdent of the Senate.
EDWARD TELFAIR, Governor.
December 24, 1789.
wj0i .,, An AB for afcertaining the fees of public officers of this State.
December 6, 1790.
See a3 0/1792, No. 474.
An
LAWS OF GEORGIA. 4,9
An AB to amend an aft, entitled " An aB to regulate the form and manner of holding A. D. 1 790.
eleBions for members to reprefent this State in general a/Temly." No. 43.4.
December 6, 1790.
Re-enaSsd with alterations, by a3 of 1796, No. 572.
An AB to pardon Patrick Carr, now under fentence of death in the common gaol No. 4^5.
of the county of Burke.
December 6, 1790.
Private*
An Ordinance fecuring upon certain conditions to Wade Hampton, Efq, No. 436.
his heirs or ajjigns the exclufive right to erect a bridge over the
river Savannah^ at Augufta ; and for other purpofes therein men-
tioned,
WHEREAS in and by an act for laying out the referve land in the town of Preamble,
Augufta into acre lots, the erecting an academy or feminary of learning
and for other purpofes therein mentioned, the public ferry is veiled in the commffi-
oners or truftees of the faid town, and by them applied to the endowments of the
feminary eftablifhed by the faid act: : And whereas, the faid truftees have reprefented
to the general affembly, that Wade Hampton, Efq. hath contracted with them
to erect a bridge over the river Savannah, at or near the faid ferry, and to pay an
equivalent to the profits arifing from the ferry, on condition that the property of
the bridge on the Georgia fide, and the public ferry aforefaid, be vefted in him, his
heirs and affigns forever, with the right of tollage agreeable to the prefent legal ferry
rates, and a profecution againft the eftablifhment of another bridge or ferry between
Wallicon's and Cambleton ferry j and have earneftly recommended that the legiflature
wiilfanction a meafure fo replete with general convenience and utility, as well as the
immediate aggrandizement of the town ; without which fanction it cannot be exe-
cuted.
I. Be it therefore ordained by the fenate and houfe of reprefentatives of the State of Georgia Enadted.
in general ajfembly met, That the exclufive privilege of erecting abridge on the Georgia - ., exclutlve
fide over Savannah river, oppofite the town of Augufta, at or near the prefent ferry refiinga bridge
landing, is hereby fully and abfolutely vefted in the faid Wade Hampton, Efq. his JJJJ ^"JJc
heirs and affigns for ever, with the right of building the fame either with wood or Augufta, veiled
(tone, on the following terms and conditions : That the faid Wade Hampton, his ^n andhisheirs
heirs and affigns, fhall be bound to erect the faid bridge in a complete and fubftantial The terms and
manner, and of at leaft fixteen feet in width,, oppofite the town of Augufta, capable [hereof?"8
of fuftaining and paffing all carriages in common ufe, on or before the feventeenth
day of February, in the year of our Lord one thoufand feven hundred and ninety-one,
and rebuild when neceflary, or keep the faid bridge in good and fufficient repair for-
ever t
420
DIGEST OF THE
A. D. 1 790.
No. 43 S.
Shall pny rhe truf-
tresi/f Aiittulta fur
the fir/t 12 5 ears
20I. a year; and
^ol.a year for ever
thereafter in quar-
terly payments.
The property
mortgaged for
the payment.
Themaftersand
ftudents of the
academy to pafs
and repafs toll
free*
The Lid privi-
lege liable to be
forfeited.
Rates of toll e-
ftablifhed.
No other bridge
or ferry fhall be
eftablifhed be-
tween Walli-
eon's and Rae's
ferry.
ever : That every year during the firft twelve years, commencing on the faid feven-
teenth day of February, one thoufand feven hundred and ninety one, the faid Wade
Hampton, his heirs or affigns, fhall pay unto George Walton,, William Glafcock,
Abraham Baldwin, Robert Forfyth, Edward Telfair, Seaborn Jones, and John Mil-
ton, Efquires, truftees of the faid town of Augufta, or their fucceflbrs in office, the
fum of twenty pounds fterling money in fpecie, and the, fum of fifty pounds like
money, for every year for ever thereafter, both in quarterly payments, and fhall more-
over when thereunto required, mortgage unto the faid truftees, and their fucceflbrs
in office, the faid bridge, together with one acre of land in South Carolina on which
the fame fhall lodge and butt, for the faithful performance of the conditions herein
after contained : That the matters and profeflbrs, and all fcholars and ftudents, for
the time being, belonging to the aforefaid feminary of learning, fhall be permitted to
pafs and repafs over the faid bridge and ferry tole and ferry free for ever.
II. And be it further ordained, and fpecially provided, That in cafe jthe faid bridge
(hall not be erected within the time herein before mentioned, or being fo eredted and
compleated fhall not be kept up in good and fufficie'nt repair, (allowing a reafonable
time not exceeding twelve months at anyone time for repairing and re-building) the
.privilege or right of the faid Wade Hampton, his heirs and affigns, onfailure of either
of the foregoing provi foes and conditions, fhall ceafe and be wholly void, and the
faid ferry and property as aforefaid on the Georgia fide fhall revert to the truftees
aforefaid and to their fucceflbrs in office.
III. And whereas, for promoting and encouraging fo laudable an undertaking, it
is neceflary to afford every fecurity in the power of the legiflature to grant ; Be it
therefore ordained, That the faid Wade Hampton, his heirs and affigns, fhall and may
legally demand and receive during the continuation of the faid bridge, (except from
the mafters, profeflbrs and others belonging to the feminary of learning aforefaid) a
toll to correfpond, and be equal to the eftablifhed rates of ferriage at. the faid ferry,
that is to fay, for every loaded waggon and other four wheeled carriage four Shillings
and eight pence, for every empty waggon, two (hillings and four pence for every
loaded cart or other two wheeled carriage, two fhillings and four pence, for every
emptv cart or dray, one (hilling and two jpenee, for a man and horfe fix pence, for
a foot paflenger three pence, for all black cattle per head three pence, for hogs fheep
and goats two pence, for every rolling hogfhead with two horfes and drawn, one
(hilling and two pence ; for every rolling hogfhead with one horfe and drawn one
.(hilling, and no more, and fhall and may at all fuch times as the faid bridge may be
impaflable from accident or decay, have the free and quiet ufe and enjoyment of the
ferry on the Georgia fide, on the fame conditions as that of the bridge.
IV. And be it e.lfo ordained, That no other bridge or ferry between Wallicon'-s
ferry oppofite fort Moore and Rae's ferry, oppofite Cambleton, fhall be eftablifhed
or permitted on any pretext whatfoever, during the continuance of the right of the
faid Wads Hampton, his heirs and affigns, to the privileges hereby veiled, . in, . and
confirmed to him and them.
V,
LAWS OF GEORGIA. \ 421
V. And whereas the fituation of the ferry at Great Ogechee, in the county of A. D. 1790.
Chatham, demands that encouragement be likewife given to forne perfon or perfons
to ere£t a bridge thereat; Be it ordained by the authority afore/aid, That the faid Wade The faid Wade
Hampton, together with James Gunn, Efq. their heirs and affigns, fhall be bound ^f QunJnd
to erect a bridge in a compleat and fubftantial manner, and of at lead fixteen feet empowered to
in width, at or near th» prefent ferry on the faid river, capable of fultaining and ^crofs Greac o!
palling all carriages in common ufe$ Provided, That the faid bridge be compleated gechee, at the
on or before the laft day of December, in the year of our Lord one thoufand feven hearJ 8
hundred and ninety-two, and re-build when neceffary, and keep the faid bridge in conditions.
good and fufficient repair, to hold the fame, and all emoluments arifing therefrom
to them, their heirs and affigns for ever, as tenants in common.
VI. And be it further ordained. That the faid Wade Hampton and James Gunn oneaereofpub-
fhall alfo have, to them, their heirs and affigns for ever, as tenants in common, upon g^anvde^dea-^
conditions that the laid bridge be kept in repair as aforefaid, all the public land on them and te-
,the fouth fide of the faid ferry not exceeding one acre, and alfo one acre of the JJJJ] m con>
high land .on the north fide, not to include the building called the ferry houfe, and
that the faid lots of land fhall be allotted and marked off, as herein direfted by the
furveyor of Chatham county, when required by the faid Wade Hampton and James
Gunn, or either of them, their or either of their heirs, executors, adminiftrators or
affigns.
VII. And be it further ordained. That the faid Wade Hampton and James Gunn, Andmesoftoll
their heirs, executors, adminiftrators and affigns be entitled to receive and may legally
.demand, during the continuation of the faid bridge, a toll equal to that herein before
^granted, to the faid Wade Hampton as toll over the river .Savannah, and eftablifhed
bv this ordinance, and {hall and may at all fuch times as the faid bridge may be im-
paflabie. from accident or decay, have the free and quiet enjoyment of the ferry, on
the fame conditions, as that of the bridge.
VIII. And be it further ordained, That it fhall not be lawful for any perfon or geJwA^gc
perfons at any time or times, to build any bridge or keep any ferry on the faid river ^«££*^
Ogechee, within three miles either above or below the faid. bridge, which is hereby *$»*&* fa'ld
exclufively veiled in the faid Wade Hampton and James Gunn, their heirs and affigns ; f^^Zt
Provided., That fuch bridge fhall not be fo conilrufted as to impede the navigation of {**»■*«» a^'1s-
the faid .river, but that it fhall be a draw-bridge, fo as to admit veffels that arc ufually jj£dbf * fcw -^
employed in the faid river, to .pafs and repafs the fame. gatir0n.
.IX. And be it further ordained, That the perfon now holding the leafe of faid ferry ^he pfr((in hM.
fhall enioy the fame until the expiration thereof, any thing in this ordinance to the »s SftmepSa;
J ' . the expiration
contrary notwithstanding, thereof.
X. And be it alfo ordained, That this ordinance .fhall be deemed, adjudged, and Public ordi-
i'aken to .be a public ordinance, and fhall be judicially taken notice of as fuch by all
judges, juitices and other perfons whatfoever, without fpecially pleading the fame.
J OSEPH - H ABERSH A M, Speaker of the Houfe of Reprefentatives.
NATHAN BROWNSON, Prefi dent of the Senate.
JEDWARD TELFAIR, Governor.
'December 6, 179a. Afl
nance
422 DIGEST OF THE
A. D. 1790. An AB preferring the time, manner and places of holding eleBions for perfons to reprfent
No" A37' this State in the congrefs of the United States.
December 8, 1790.
S,ee a8 of 1 792, No. 461.
No. 438. * An Ac! to amende explain and continue the "Aft for regulating the
judiciary departments of this State"
£■ "^TTyTHEREAS the at"t above mentioned is not found in all cafes adequate to
Zfus °LhfZ V^ thC intention hereof, Be it therefore enabled by the fenate and houfe of re~
iffued by the prefentatives of the State of Georgia in general ajfembly met, and by the authority of tha
£ ^urt! fame> That' from and after the Paffing of this *&> the juftices of the inferior conn*
or any one of them, in each county, may, in the abfence of the judges of the fupe-
rior court, grant a writ of habeas corpus in the fame manner,, and under the fame
regulations, as a judge of the fuperior court is empowered to do : And in all cafes,
not capital, fuch juftice may difcharge, admit to bail, or remand to gaol, a prifoner,.
at his difcretion, according to law and juftice; but, in all cafes of a capital nature,,
it {hall be neceflary that two other juftices of the faid county court do aflbciate with
the juftice granting fuch writ of habeas corpus, at the return thereof, and that two
of the three do concur in opinion before any prifoner fhall be difcharged or admitted
to bail.
The fuperior H. And be it further enabled, That the fuperior court (hall, in all cafes refpeclino'
proceedh°nVdi£ the#difc°vf«ng tranfadions between co-partners or co-executors, compelling diftr£
covering tranf- bution of inteftate eftates or payment of legacies, or in any other cafe whatfoever,,
Laparme"cVomn- which bY ufage did or doth appertain to a court of equity, be cempetent to fuftain
peilingdiftribu. a fuit -by bill, and proceeding therein, until the fitting down of the caufe for hear-
ten of inteftates ing . fuch fuper;or court ftall then fubmit the merits of the fuit, with the evidence
thereon, (which in all cafes fhall be given viva voce in court,, or otherwife, within;
the rules of the common law) and all matters refpeding the fame, to a fpecial jury,
as direded by the before mentioned law, who mall give their verdift on the fame \
but if either party fh.all be diffatisfied with fuch verdieft, an appeal may be entered in
the clerk's office, within ten days after trial, and on argument by both parties, the
fuperior court before the fame is had> may either grant or refufe a re-hearing before
another fpecial jury, as they fhall think proper; but if a re-hearing be granted and
had, the fame fhall be final and conclufive.
Claims againft HE And be it enabled, That any perfon having a claim or demand againft the
b£C£ehOWt0 State' where (in like cafes) one citizen might fue and maintain an adion againft
another, fuch perfon fhall be at liberty to file a bill or petition in the fuperior court
of the county in which the feat of government may be, making the governor for the
time being defendant- thereto, a copy whereof fhall be ferved on the auditor, whofe
duty
«£**£ \i\l%"X5X'.t0 '"^ 3Dd amCnd tHe Judiciary fyftem," which, together with tta, i|
LAWS OF GEORGIA.
4-3
duty it (hall be to make a fpecial report to the court and attend the trial, if thought
neceffary ; the original fhall be filed and docketted in court ; the attorney or folickor
general fhall appear to and defend the fame ; and on the trial, the fame rules, with
refpecl; to the admiffion of evidence, fhall prevail as in common cafes, except that the
burden of the proof fhall lie on the claimant : Should either party (that is to fay, the
attorney for the claimant or the State) be diflatisfied with the determination, an appeal
fhall be entered and tried before a fpecial jury; and the final decifion of the jury, if
in favor of the plaintiff, fhall be tranfmitted to the fucceeding legiflature, who may
provide, as they may think proper, for payment of fuch judgment or judgments.
IV. And whereas the State is divided into diftricls, Be it further enabled. That
either the attorney or folicitor general fhall attend the circuits in each diftrict, and
one or other of them fhall give his perfonal attendance whenever the bufinefs of the
State fhall make it neceffary; and the proceedings had in the faid diftricls refpec-
tively, fhall, in all motions and arguments concerning the fame, be confined to their
proper difhi&s.
V. And be it further enabled. That each county fhall be underftood to be divided
into diftricts, according to the divifion made for forming militia companies in the
fame ; and the juftices of each county fhall only exercife the powers given them by
the faid judiciary act for recovering of debts under five pounds, in their feveral and
refpective diftricts; and all fuch fuits, before the faid juftices, fhall be brought in
the diftrict in which the defendant refides.
VI. And be it enabled, That the laft Thurfday in every month fhall be the time of
holding courts by any juftice, and at no other time, (unlefs by confent of parties)
and on giving fecurity there fhall be a (lay of levy forty days from the time of giving
fuch judgment : Provided always, That no juftice of the inferior court court mall be
allowed to hold any fuch juftice court ; and upon good caufe (hewn, any fuit fo
depending fhall be poftponed until next court day ; and no juftice fhall hold court
but at the place mentioned in the warrant or fummons; which fummons or warrant
fhall be ferved four days before the day of trial; and any warrant or fummons, which
•does not exprefs fuch place of holding court, fhall be confidered as void, and may
be reverfed bv the inferior court of the county; and where there is no juftice
refiding within a diftrict, in fuch cafe the defendant may have his trial before the
aext neareft juftice in fome other ■difttidt.
VII. And be it further enacted, That in future it fhall net be neceffary to affile a
declaration in the inferior court, but the petitition and procefs, ifuied in like manner
as heretofore, fhall be fufheient for the parties to proceed upon ; and no execution
fhall be ftayed in the fuperior or inferior court, but where the party caft fhall give
good fecurity within four days (Sundays not included) after the verditl; is received
and entered.
VIII. And le it enabled by the authority aforefaid, That the method of foreclofing
mortgages in this State, fhall be as follows : The perfon or perfons entitled to fore-
clofe a mortgage, or his, her or their attorney, fhall petition the fuperior court of
the county wherein fuch mortgaged property may be, ftating the cafe, and the
amount
A.'D. 1790.
No. 438.
The attorney or
folicitor general
to defend the
fame ; the rules
of proceeding
therein.
One or the e-
ther of thofe of-
ficers to attend
pcrfonally when
neeefTary, in
each diftridt.
The reflective
counties how to be
divided into dis-
tricts.
Jullices not to pro-
ceed ill cafes of"
iinall debts out of
their refpective.
To hold their
courts on the lad
Thursday in every
month. ' Stay of
levy forty day^, to
be allowed 011 giv-
ing i'ecursty.
Provifb.
No juftice of the
inferior court fhall
hold any fuch
court.
The juflsces how
to proceed.
If there fhouM be
no jullire in a dis-
trict, defendant to
have his trial be-
fore the next near-
eft.
Declarations, not
necefiary to be fil-
ed in the inferior
court ; petition
and precedes here,
tof'ore ufed fhall be
lufficient.
Jlxecntionfhal! not,
be (tayeri in either
court but on giv-
ing fecurity in 4
days.
Mortgages, how to
be furecloled.
424 DIGEST OF THE
A. D. 1790. amount of his, her or their demand, and defcribing fuch mortgaged property, and
No. 458. t^e court fhaj] grant a rule, that the principal, intereft and cofts, be paid into court
within twelve months thereafter : The rule fhall be publifhed in one of the public
gazettes of this State, or ferved on the mortgager or his attorney, at leaft nine months
previous to the time when the money is directed to be paid, and unlefs the principal,
intereft and cofts be fo paid, the equity of redemption mall, from thenceforth be
foreclofed. In cafe of any difpute as to the amount due on any mortgage, the court
mail, on application, appoint one or more fit perfons to audit and liquidate the fame,
with the liberty of an appeal thereon, or the fubmiffion of any other matter refpedt-
r . r , •<■ i'ng the fame to a fpecial jury, who fhall be taken from the grand inqueft, as in other
courts may or- appeals whofe decifion fhall be final. And it fhall and may be lawful for the fuperior
der a ts o t courts jn the feveral counties of this State, to order a fale, which mail be at public
real eftate 01 , J » r
perfonsdeceafed auction, fir ft giving forty days notice thereof in one of the gazettes, of fuch part
th^httr^aiid or t^ie w^°-e °f tne rea* eftate °f an7 teftator or inteftate, on the application of the
creditors; how executor or executors, adminiftrator or adminiftrators, of fuch teftator or inteftatej.
therein0^ where it is made fully and plainly appear that the fame wili be for the benefit of the
Grant iniun&i- heirs or creditors of fuch eft-ate. And fuch court fhall aifo be, and they are hereby
oasin behalf of empowered to grant an injunction to ftay proceedings at lav/ in behalf of, and on the
executors and ,. . r , . .n inn • • 1 • n-
adminiftrators application or any executor or adminihrator, who mall appear in equity and jultice
to ftay proceed- to be entitled to the fame, fuch injunction not to direct a ftay of above twelve
ina;snot exceed- ' m . J J
no- 12 months, months in any one inftance.
Aiifuitsofa .ivii IX- And be it enabled* by the authority afore /aid, That all fuits of a civil nature, not
!^JLtoVh°y/j^r" referred to the decifion of a fmgle juftice, fhall be inftituted and tried in the inferior
uit«Un the'iilfcti- county courts, from whence an appeal may be had and profecuted to the fuperior
wi»enc"an appeal court, as directed by the judiciary act ; and all bonds and other fpecialties, and alf
may !>.-• hail to ilie .-, 1 1 i- • 1 , i ' 1 1 ■ i • - 1
liipermr court. promifiory notes and other liquidated aemands bearing oate- at- any time atter the
Bonds and other expiration of fix months from the pa fling of this act, whether for money or fpecific
SdsMated fix articles, fliall be of equal dignity, and be hereafter negociable by indorfement j and
Sa"c wbetifi f;.r may be fued by the indorfee or affignee, in his, her or their name, any law to the
art'<ei« mai^oVor' contrary notwithstanding. Provided, That nothing herein contained fhall prevent
i.em.ciaMe' oyVn- the party giving any bond, note or other writing, from reftraining the negcciability
thereof bv any words inferted therein expreffive of fuch agreement.
X. And be it further enacled, That the feveral inferior courts be, and they are
courts to grant hereby authorized to grant licenfes to fuch perfons as may apply for the fame, to
tavern licenfes keeD taverns, and alfo to appoint conftables at any of their feffions within the year,-
and appoint 1 -in,-
conftables. any law to the contrary notwithstanding.
Ce } 3 , XI. And whereas whilft the paper medium of this State remained a tender, many
inftituted in the fuits were inftituted in the courts of confcience, for fpecific articles, where the
eii^and ^Trno- *Pecie value of fuch demand is under five pounds : And whereas by the judiciary act;
ved to the infe- paiTtd the twenty-third day of December, one thoufand feven hundred and eighty-
nine, fuch caufes were with others, directed to be returned to and tried in the infe-
May be conti- rior courts ; to remedy which, Be it enacted, That on the application of the plaintiff,
iiued without fuc]1 fuits fhall be difcontinued without coft;s, and tile party thereupon be at liberty
to proceed, before a juftice, in the recovery of fuch demand. XIL
LAWS OF GEORGIA.
425
XII. And be it further enacled by the authority aforefaid, That all the officers, now
in office, fliall continue in the exercife of the fame, until the time herein after men-
tioned, that is to fay, all fneriffs, regifter of probates, county furveyors, clerks of the
counties, and coroners, until the firft Thurfday in January, one thoufand feven
hundred and ninety-two, and all other officers until the end of the feffion of the
general aiTembly, commencing the firft Monday in November next ; and on the faid
firft Thurfday in January, one thoufand feven hundred and ninety-two, and on the
fame day annually thereafter, the juftices of the feveral counties, or a majority of
them, fhall meet at the ufual place for holding courts in the refpective counties, and
there elect by ballot, a fherifF, regifter of probates, county furveyor, clerks of
the county, and coroner, to ferve for one year ; and all the other officers fliall con-
tinue to be elected as heretofore, by the legiflature, that is to fay, all, (except thofe
appointed for a time limited by the conftitution) for one year from their appoint-
ment, and no longer ; and no member of the general affembly fhall be appointed to
any office of profit, (except the governor) during the time for which he fhall have
been elected.
XIII. And be it alfo enacled, That the place for holding courts in the county of
Richmond, be at the court houfe on the Kioka, any law to the contrary notwith-
ftanding. Provided, That nothing herein contained fhall be conftrued to extend to
prejudice the building of a gaol for the county of Richmond in the town of Augufta.
XIV. And be it further enabled by the authority afore/aid, That the " Act to extend
the limitation of actions, and for other purpofes therein mentioned," pafTed at Au-
gufta the firft day of February, one thoufand feven hundred and eighty-eight, be, and
the fame is hereby revived and continued until the firft day of February, one thou-
fand feven hundred and ninety-three, and no longer.
XV. And be it further enatled, That all parts of the *f Act for regulating the judi-
ciary departments of this State," which fhall be incompatible with the prefent act,
fhall be, and the fame are hereby repealed ; and all the other parts of the faid act fhall
remain in full force, and the fame, together with this act, be and continue fo in force,
until repealed by law.
JOSEPH HABERSHAM, Speaker of the Houfe of Reprefentatives.
NATHAN BROWNSON, Prefdent of the Senate.
EDWARD TELFAIR, Governor.
December 9, 1 790.
A. D. 1790.
No. 438.
Perfons now in
office, how long to
exercife the fame,
ThefherifFs, regif-
ters of probates ;
county furveyor*,
clerks, etc. of the
feveral counties,
when to be appoin-
ted by thejultices.
No membe:" of the
general affembly
fhall be appointed
to any office of pro-
fir, except the go-
vernor.
Courts for the
county of Rich-
mond to be held at
the court houfe on
the Kioka.
Provilb.
The gaol to be
built in Augufta.
The act of Febru-
ary, 178&, to ex^
tend tlie limitati-
on of actions, etc.
revived and conti. •
ed until i(,t Febru-
ary 1793.
So much of the iSt
for regulating the
judiciary depart-
ments, as is incom-
patible with this,
repealed.
All other parts of
the faid act, toge-
ther with this,
fhill continue in
f.irce until repeal-
ed.
An Act mihing appropriations of money for the year 1 79 1..
December 10, 1790.
An AB to authorize and empower George Bai'lie, adminiftrator of the goods and chattels,
rights and credits, which were of his father Robert Baillie, deceafed, to fell and dif-
pofe of any lands or other real efaie of the deceafed.
December 10, 1790.
Private.
H h h An
No. 439.
No 440.
■...
4a6 DIGEST OF THE
A. p. 1790. j[n jlEi tQ divide the county of Richmond.
No. 441.
Richmond ^ 13 -^ lt MaBed by the fenate and houfe of reprefentatives of the State of Georgia in
county to be di • J§[J| general a feinbly met, That the county of Richmond fhall be divided into two
counties, in the following manner, viz. beginning on the river Savannah, at the mouth
of Red's creek •, from thence a line fhall be drawn, rnnning fouth forty-five degrees
weft ; and all that part of Richmond county lying above, or north-weftwardly of the
The upper part aforefaid line, fhall be one county, and known by the name of Columbia, and fhall
to be Columbia, have two repreferitatives apportioned to it, from the representation of the county of
Richmond.
Commiffioriers II. Be it further enaBed, That Charles Crawford, Lewis Gardner, and' Rhefe
credirie a court Howard, Efquires, or any two of them, be, and they are hereby appointed commif-
houfe ar>d gaol fioners to fix on the moil convenient place for holding a fuperior court, and for
erecting a court houfe* and gaol in the faid county of Columbia.
The lower part III. Be it further enaBed, That all that part of Richmond county, lying below
*° ret^Jjt-tv" or fouth-eaftwardly of the aforefaid line, fhall compofe one other county, and re-
mond. tain the name of Richmond ; and that George Handley, John Meals, and Robert
Commiflicners Forfyth, Efquires, or any two of them, be, and they are hereby appointed commif-
houfe andC°aol fionersf to fix on a place to build a court houfe and gaol for faid county of Rich-
appointed, mond, in the town of Augufta,
One-fifth of the EV\ Be it further enaBtd, That the collectors of i tax in the counties aforefaid;
general tax to be fhall annually collect on each perfon liable to pay tax in their refpective counties, a.
£500 be raifed fum in fpecie which fhall be equal to one fifth part of fuch perfons general tax,
in each county. untir the fum of five hundred pounds for the county of Richmond, and the like
fum of five hundred pounds fhall be collected for the county of Columbia, and the
collectors aforefaid, fhall collect faid tax agreeably to the rules and regulations for
collecting the general tax for the time being, and after deducting two and a half
per centum, fhall pay the fame unto the aforefaid commifiioneis of their refpective
counties.
To be applied in V. Be it further enaBed, That the before mentioned commiflioners fhall apply alt
co.i'r'lToufo aand fuch monies as they may receive from the aforefaid collectors of tax, towards build-
£a0lS' ing a court houfe and gaol in their refpective counties ; and fhall from time to
The commiflioners time, fpecially report their difburfements of fuch monies to the fuperior court re-
ihe fijperior court! fpectively, and on refufal or neglect fo to do, they fhall be fubject to a fine at the.
difcretion of the court.
suits already com- VI. Be it further enaBed, That all writs iflued in the county of Richmond, pre-
mon<7 to te deter- vi°us to tne paffing °f tn^ a&> ^a11 Dc brought to iffue, and finally determined in
mined there. fcft cOUnty.
The county fur- VII. Be it further enaBed, That the furveyor for the county of Columbia, fhall
yeyortorunthe run and plainly mark, gratis, the aforefaid line, dividing the county of Columbia from
the county of Richmond, within thirty days after his appointment.
VIII,
* Additional- commiffioners appointed by act of 1791, No. 453.
f Mayor and aldermen commiffioners. See act of 1791, No. 452.
LAW LIBRARY
UNIVERSITY OF GEORGIA'
ATHENS, GEORGIA
LAWS OF GEORGIA. 427
VIII. And be it further enacled, That the fuperior court for the county of Colum- A. D. 1 790.
bia, (hall commence on the fourth Monday in March and October, and the inferior No' 441,
court of faid county (hall commence on the fecond Monday of March, June, Sep- ment of the
tember and December. J°UIJ? in C-
JOSEPH HABERSHAM, Speaker of the Houfe of Reprefentatives.
NATHAN BROWNSON, Prudent of the Senate.
EDWARD TELFAIR, Governor.
December 10, 1790.
An Acl for the fupport of government, from the firjl Monday in November, 1790, to the No, 44a.
firfl Monday in November, 1791? by raifing a tax on perfons and property.
December 10, 1 790.
An Acl for appointing *commiffioners for fuperint ending the clearing no. 443.
and improving the navigation of Great Ogee hee and Brier creek,
and for other purpofes therein mentioned.
I. [3 E it enacled by the fen ate and houfe of reprefentatives of the State of Georgia in gene- Commiflioners
_D ral affembly met, That Andrew Burns, Benjamin Jenkins, and Samuel Whi- n^tecddafof *£
taker, be, and they are hereby appointed commiflioners for the purpofe of fuperin- proving the in-
tending the clearing and improving the navigation of Great Ogechee, from the Big Gfeat°Oee0chee.
Shoals to Hardwick, veiled with full power to employ, at the lowefl rates, any Their powers,
number of laborers they may deem neceflary for carrying the intentions of this adfc
into effe£l : and that Alexander Carter, Amos Whitehead, and Francis Paris, be, ~.
7 _ t "::ners appomt-
and they are hereby appointed commiflioners for the purpofe of fuperintending the ed for Brier
clearing and improving 'the navigation of Brier creek, from Walker's bridge to the p^weV™"11 hke
mouth thereof, and alfo veiled with the like powers.
II. And be it further enacled, That his excellency the governor for the time being, The govern*- em-
be, and he is hereby authorized and required, to draw on the treafury in favor of the on the treasury in
commiflioners, or a majority of them, of Great Ogechee, for the fum of two hundred miffioners 0f oge-
2 chee for 2^ol.
and fifty pounds ; alfo in favor of the commiflioners, or a majority of them, of Brier in favor of thafeo*
creek, for the fum of one hundred pounds, which fums are hereby appropriated for m"i.r c,eek fur
the particular purpofes herein before recited.
III. And be it further enacled, That the commiflioners, before they enter upon the The commiffi-
duties of their appointment, (hall give bond with good and fufiicient fecurity, in the °ne" t0, £IV<[
fum of five hundred pounds each, to his excellency the governor and his fuccefibrs in rity.
office, for the faithful difcharge of the trufl repofed in them.
IV. And be it further e/iacled, That Thomas Lane, John M'Call, and John Lon- Commifskmers ap-
1 11 • i • rr r ■% r\ • pointed for erect-
don, be, and they are hereby appointed comrminoriers for the purpofe of creeling a ">ca conn home
* ; ' A l A ° and' gaol in Et-
COUrt finghain.
* See alterations and other commiffioHers appointed for a certain part ol the river by acl of 1793, No. 481.
428
DIGEST OF THE
A. B. 1790. court houfe and goal in the county of f Effingham ; and that Jacob Weed, Henry
No. 443. Wright, and Thomas Stafford, be appointed commiffioners for the county of +Cam-
Aiiv! for the like0 \. t • t • rr 1 1 . 1
purpufeincamceu den, lor the like purpofe ; which commiffioners mall give bond, as is herein before
Hull give buhil ,
and lecurity. . directed, for the faithful performance of the duties required of them.
V. And be it further enabled by the authority aforefaid, That all laws heretofore
made, fo far as relate to the clearing of Brier creek, be, and the fame is hereby re-
pealed.
JOSEPH HABERSHAM, Speaker of the Houfe of Reprefentatives.
NATHAN BROWNSON, Prefdent of the Senate.
EDWARD TELFAIR, Governor,
December 10, 1790.
f Other commiffioners appointed. See act of 1791, No. 4J1.
All laws relat-
ing to the clear-
ing of Brier
♦reek, repealed.
No. 444.
Perfonshunting
deer in the night
by fire light to
forfeit £$.
How to be ap-
plied.
Hew recovered
Offenders una-
ble to pay, fhall
receive39lafh.es.
An Ac! to prevent the pernicious practice of hunting deer in the night
time by fire light.
E it enabled by the fenate and houfe of reprefentatives of the State of Georgia in gene-
ral afembly met, That from and immediately after the palling of this act, any
perfon or perfons who fhall hunt with a gun by fire light or kill any deer fo hunting
by fire light in the night time without his or their own enclofures, every fuch perfon
or perfons being thereof convicted, upon the oath of one or more credible witnefs,
before any juftice of the peace for the county where fuch offence fhall be committed,
lhall for every fuch offence forfeit and pay, not exceeding the fum of five pounds,
one half thereof lhall be paid to the informer or informers, and the other half into
the clerks office of the inferior court, and to be applied to the ufe of the poor of the
county where fuch offence fhall be committed.
II. And be it further enabled, That the forfeitures incurred^by this act, as aforefaid,
fhall be levied by diftrefs and fale of the offender's goods and chattels, lands and te-
nements, by warrant under the hand and feal of the juftice before whom the perfon
or perfons fo incurring fhall be convicted, returning the overplus, if any, to the
owner or owners thereof, after deducting the faid penalty or forfeiture and lawful
charges ; and in cafe the perfon or perfons fo offending and convicted fhall not have
goods and chattels, lands or tenements, fufficient to anfwer fuch forfeiture and charges,
it (hall and may be lawful for fuch juftice to order fuch offender or offenders fo con-
victed, feverally to receive not exceeding thirty-nine lafhes, well laid on his or their
bare back.
III. And be it alfo enabled. That this (hall be deemed a public act, and given in
evidence.
JOSEPH HABERSHAM, Speaker of the Houfe of Reprefentatives..
NATHAN BROWNSON, Prefdent of the Senate.
EDWARD TELFAIR, Governor.
December 10, 1790.
An
LAWS OF GEORGIA, 429
An Act to repeal all laws of this State ref peeling the admeasurement A- D- '79o.
of lumber.
No. 44j.
I. |3 E it enabled by thefenate and houfe of representatives- of the State of Georgia in general All laws fo far
J afTembh met. That all laws of this State heretofore paiTed, fo far as they re- a,s thfy rrc^\s to
late to the infpection or aameafurement of lumber, be, and the fame are hereby &c. of lumber
repealed. rePealcd-
JOSEPH HABERSHAM, Speaker of the Houfe of Reprefeniativcs,.
NATHAN BROWNSON, Prefdeni of the Senate.
EDWARD TELFAIR, Governor.
December 10,, 1790.
ggJ&dStfgC
An Acl for dividing the county of Wilkes ; and for other purpofes. No. 445.
I. ~^$ E it enabled by the fenate and houfe of reprefentatives of the State of Georgia in Wilkes county
_£3 general ajfembly met, That all that part or parcel of the county of Wilkes, J^"1^ Tk^
lying on the north fide of Broad river, from the mouth thereof to the main fork, north fide of
thence up the fouth main fork to where it interfe£ts the line dividing the county of be called E^berT
Wilkes from Franklin, fhall be one county ; to be called, and known by the name of the reft to re-
Elbert, and all that part of the faid county of Wilkes, lying on the fouth fide of Broad 0f Wilkes.
river, (hall retain the name of Wilkes j. and the court houfe and gaol thereof fhall Thecourt houfe
. • 1 r -\~iT n ■ 1 i r 1 • i i i r and gaol to con-
be and continue at the town 01 Wainmgton, the place formerly appointed by law for tinue at the
holding courts in faid county. town of Wa"
II. And be it further enabled by the authority aforefaid, That the juftices of the infe- The juftices of
rior court of the county of Elbert, be, and they (or any three of them) are hereby the mrsr'or
ir l \l • r 1 - m . . . court t0 fix on
fully authorized and empowered to fix on the molt convenient place for building a the place for
court houfe and gaol in the faid county of Elbert, and until fuch court houfe and .holr,d,I,"g courts
* . . r . . in -Elbert.
gaol (hall be compleated, the fuperior and inferior courts of faid county fhall be held
at fome place to be agreed on by the faid juftices.
III. And be it further enabled, That the juftices of the inferior court of the afore- To con trad for
faid county of Elbert, are hereby authorized and empowered to contract with fome bui!dlI,1g ,.the ,
1 1 % r • n i r r court houfe and
perfon or perfons to undertake, carry on and completely fimfh the aforefaid public gaol, and to
buildings on fuch plan, and in fuch manner and form as the faid juftices or any three ™,fe by coimtf
or* _ J ; tax not exceeq-
of them fhall direct ; and when fuch public buildings fhall be compleated, to raife ing £250.
by tax on faid county to be by them aiTelTed, fuch fum or fums of money as fhall be
fufficient for the above purpofes, provided the fame does not exceed two hundred
and fifty pounds.
IV. And be it alfo further enabled, That the aforefaid county of Elbert fhall be enti- Entitled to one
tied to elect: one *member to reprefent them in the houfe of reprefentatives out of the ["ei?bec in tllC'
\ * houle or repre-
number allowed by the conftitution to the county of Wilkes. fcntatives-.
V,
* Reprefentation to be according to enumeration, See confutation of 1798..
43°
A. Dw 1790.
No. 446,
The tinte for
holding; the
'courts in Elbert,
No. 447.
No. 448.
No, 449.
Preamble.
DIGEST OF THE
V. And be it enatled, That the time for holding the fuperior and inferior courts in
the county of Elbert, be on the Thurfday in the week for holding the fuperior and
inferior courts in the county of Franklin.
JOSEPH HABERSHAM, Speaker of the Houfe of Reprefentatives.
NATHAN BROWNSON, President of the Senate.
EDWARD TELFAIR, Governor.
December 10, 1790.
An Atl to punifh perfons convicled ofjlealing horfes, affes, or mules, with death.
December 2, 1791.
Repealed by ail of l 792, No. 462.
An Atl to repeal an atl, entitled " An Atl for inflitling penalties on, and confifcating
the eflates of fuch perfons as are therein declared guilty of treafon, and for other pur-
pofes therein mentioned" fo far as refpecls the banfJjment of DoElor Thomas Taylor ',
Abfalom Wells, Cor day Sharp, Benjamin Fox, William Powell, and John Johnjlon.
December 8, 1791.
An Acl to quiet the heirs and reprefentatives cf the late Reverend
Bartholomew Zuberbuhler-^ in and to a certain ejlate lying and
being in the counties of Chatham and Glynn,
WHEREAS the aforefaid Bartholomew Zuberbuhler, in and by his laft will
and teftament made certain difpofitions of his eftate for benevolent purpofes,
which were declared by the legiflature of the State of Georgia to be impracticable,
and could not be carried into execution, in and by an act entitled, " An act to efta-
blifh an academy in the county of Chatham, snd for veiling certain property in Selina
conntets dowager of Huntingdon," palled at Augufta the firft day of February, one
thoufand feven hundred and eighty-eight : And it further appearing by the faid a£fc
that the rights of any perfons legally the heirs of the faid Bartholomew Zuberbuhler
fhould not be barred from their claims : And whereas the legiflature by their act parTed
at Augufta on the third day of February, one thoufand feven hundred and eighty-nine,
did declare that Bartholomew and Jacob Waldburger, being then in poffeffion of the
faid eftate, fhould keep the fame, fubject to an action of ejectment or claim of the
faid truftees, that the right of the heirs and applicants to the fame might be de-
termined. 1
I. Be it therefore enatled, That the real eftate of the faid Bartholomew Zuberbuh-
ler, and of which he died pofTefled of, or was entitled to in the then province now
ti,<>iomew zuber- State of Georgia, fhall go to and be veiled in the faid Bartholomew "Waldburger as
buliler Telted in . • _ , ' b - , - . ,
the heirs of jarob elaeft ion and heir of his father Jacob Waldburger, who was the nephew of the faid
Bartholomew
I:na&ed.
The tltate real and
LAWS OF GEORGIA.
435
Bartholomew Zuberbuhler, to hold to him the faid Bartholomew Waldburger, his
h«rs and affigns for ever : And as to the perfonal eftate of the faid Bartholomew Zu-
berbuhler, it fhall go to, arid be equally divided amongft the faid Bartholomew Wald-
burger, Jacob Waldburger, and Henrietta, the wife of Zachariah Hofkins,. fons and
daughter of the deceafed Jacob Waldburger, being the grand nephews and niece of
the faid Bartholomew Zuberbuhler, and to their, and each of their heirs and affigns
for ever, any law to the contrary notwithftanding ; fubject neverthelefs to the pay-
ment of lawful and juft debts, due and owing from the ellate of the faid Bartholomew
Zuberbuhler ; and fuch eftate to be affets in the hands of the faid Bartholomew and
Jacob Waldburger •, and fubjecl: alfo to an annuity of one hundred pounds for four
years, payable to the truftees of the academy of the county of Chatham, to be applied
for by them, and their fucceffbrs in office, for the fupport of the faid academy : On
failure thereof the truftees aforefaid are empowered to fue for, and recover the fame:
againft the faid Bartholomew and Jacob Waldburger in any of the courts of law
within this State. '
II. And be it further enabled, That all claims of the faid truftees of Chatham county,
in and to the faid eftate of the faid Bartholomew Zuberbuhler (except as to the annu-
ity herein directed to be paid) (hall be and is hereby barred.
WILLIAM GIBBONS, Speaker of 'the Houfe of ' Reprefentatives.
NATHAN BROWNSON, Prefdent of the Senate. '
EDWARD TELFAIR, Governor.
December 8, 1 791 .
A. D. 1791.
No. 44?.
Subject to pay-
ment of the
debts and £100
annually for
four years to the
truRees of Chat-
ham academy ..
All further
claims to the
fame by the.
truftees, hereby
barred.
An Ac! for the better regulating of the town of Sunbury..
WHEREAS the town of Sunbury requires regulation; Be it enabled by the
fenat-e and houfe of reprefentatives of the State of Georgia in general ajfembly
met, That on the fecond Monday in January, in the year one thoufand feven hun-
dred and ninety-two, and on the fecond Monday in January in every third year
thereafter, the proprietors of lots or houfes in the town of Sunbury, who fhall be of
the age of twenty-one years and upwards, fhall meet at the place of holding the courts
in the faid town, and under the direction of two or more juftices of the peace for
the county of Liberty, proceed to ballot for five perfons, each of whom fhall be a
proprietor of a houfe or lot in the faid town, of Sunbury, and fhall alfo be an inhabi-
tant thereof, and fhall have arrived to the age of twenty-one years ; which five perfons*
(hall be ftyled Commiffioners of the Town of Sunbury. And the commiffioners fo
chofen, or a majority of them, (hall meet on the Monday next following, and ap-
point a clerk and fuch other officers as they fhall deem neceffary to carry this act into
execution.
II. And be it further enabled, That the commiffioners fo chofen fhall have full power
and authority to make fuch by-laws and regulations, and inflict or impofe fuch pains,
penalties and forfeitures, as ihall be conducive to the good order and government o£
the
No. 450,
Commiffioners
of the town oft
Sunbury to be
appointed, an-
nually— in
what manner,
To appoint a
clerk and other
The powers of'
the faid coni»
miffioiiers..
432
DIGEST OF TH E
A. D. 179!.
No. 451.
Refpedling af-
i'efla-.cntf.
Appointed com-
mifiioners of pi-
lotage for the
port of Sunbu-
ry ; and to act
asjuftices oi the
peace.
the laid town. Provided, fuch by-laws and regulations be not repugnant to the laws
2nd conltitution of the State, or extending to life or member.
III. And be it further enacled, That it (hall and maybe lawful for the faid commif-
fioners, or a majority of them, yearly and every year to make, lay and a fiefs, a rate
or afTeffment, upon all and every perfon or perfons who do or fhall inhabit hold ufe,
occupy, poffefs or enjoy any lot, ground, houfe, building, tenement, or hereditament
within the limits of the town of Sunbury, for railing fuch fum or fums of money,
as the faid commiffioners or a majority of them (hall judge neceffary for and towards
carrying this act into execution j and in cafe of a refufal or neglect to pay fuch rate
or affeffment, the fame fhall be levied and recovered by warrant of diftrefs and fale
of the offender's goods, under the hands and feals of the faid commiffioners or a ma-
jority of them, or under the hand and feal of any juftice of the peace for the county
of Liberty.
IV. And be it further enabled, That the perfons fo chofen to be the commiflioners
of the town of Sunbury be, and they are hereby appointed to be commiffioners to
fuperintend the pilotage of the port of Sunbury ; and alfo have, and are hereby vefled
with the power and authority of juftices, fo far as to keep the peace, and preferve
good order in the faid town.
WILLIAM GIBBONS, Speaker of the Houfe of Reprefentatives.
NATHAN BROWNSON, Preftdent of the Senate.
EDWARD TELFAIR, Governor.
December 8, 1 79 1 .
No. 45a.
J
The light houfe
onTybeeifiand,
with five acres
of land to be ce-
ded to the Uni-
ted States.
I'rovifo.
To be kept in pro.
per repair ami fup.
plied with lights.
Provifa.
The tonnage of 3^
be continued until
the wrecks, etc.
lie completely re-
moved.
in Act to empower thefenators or onefenator and two reprefentatives
from this State in the congrefs of the United States* tofign, feal
and deliver a deed of teffion of the light houfe on Tybee i/land, and
five acres of land belonging thereto to the United States.
I. -113 E it enacted by thefenate and houfe of reprefentatives of the State of Georgia in general
& Jt affembly met, That from and immediately after the paffing of this act, it fhall
be lawful for the fenators of this State in the congrefs of the United States, or for
one of the faid fenators, with any two of the reprefentatives of this State to the faid con-
grefs, to flgn, feal and deliver a deed of ceflion to the United States on behalf of this
State, of the light houfe on Tybee ifland, of the property and jurifdiclion of this
State, of, in, and to the fame, and of five acres of land neareft adjoining and be-
longing thereto, to hold the fame and every part thereof to the faid United States
for ever. Provided always, That the faid United States fhall keep the fame in proper
repair, and fhall fupply the fame with the neceffary lights. And provided alfo, That
the ac~t allowing three pence per ton for clearing and removing wrecks and other
obftructions in the liver Savannah, be continued until the fame fhall be completely
cleared. WILLIAM GIBBONS, Speaker of the Houfe of Reprefentatives.
NATHAN BROWNSON, Preftdent of the Senate.
EDWARD TELFAIR, Governor.
December 15, 1 79 1. An
LAWS OF GEORGIA.
433
An Acl to grant monies for the pur pofe of building and repairing court A- D- I79*-
houfes and gaols.
WHEREAS it is but reafonable that government fhall render its fupport and
aid towards building and repairing court houfes and gaols in the different
counties in addition to the private tax of each county herein directed to be levied ;
Be it enabled by the fenate and houfe of reprefentatives of the State of Georgia in general
affembly met, and by the authority of the fame, That the commiffioners of the court
houfes and gaols for the feveral counties which have not heretofore received fuch
fum of money from the government fubfequent to the refolution for the purpofe of
building court houfes and gaols, (hall be and they are hereby entitled to receive from
the public treafury, for and to the ufe of faid feveral court houfes and gaols, the
fum of one hundred pounds fterling, the faid feveral commiffioners giving fecurity
for the faithful application of fuch monies to the ufes intended by this a£t.
II. And be it further enabled, That the mayor and aldermen of the city of Savan-
nah, for the time fjeing, and their fucceflbrs in office fhall be, and they are hereby
appointed commiffioners of the court houfe and gaol in Chatham county.
III. And be it further enabled, That the mayor and aldermen to be appointed for
the corporation of the town of Augufta and their fucceflbrs in office be, and they
are hereby veiled with powers of regulating a court houfe* and gaol for the county
of Richmond.
IV. And be it further enabled, That Larkin Cleveland, Thomas Arington, John
Conner, fenior, Burwell Pope, and William Harden be, and they are hereby appoint-
ed commiffionersf for building the court houfe and gaol for Franklin county.
V. And be it further enabled, That John Michael, John Mcore, and John M'Call,
be, and they are hereby appointed commiffioners for building a court houfe and gaol
in Effingham:): county : And James Dunwoody, James Powell, and Francis Cod-
dington be, and they are hereby appointed commiffioners for building a court houfe
and gaol in Liberty:): county : And that Hugh Brown, Abner Williams and Alexander
Young be, and they are hereby appointed commiffioners for building a court houfe
and gaol in CamdenJ county : And that John Braddock, Samuel Wright, and John
Burnett be, and they are hereby appointed commiffioners for building the court
houfe and gaol in Glynn || county.
VI. And be it further enabled, That the commiffioners already eftablifhed, toge-
ther with John Walton, Solomon Ellis, James Sims, and Benjamin Catchings, fhall
be commiffioners for the court houfe § and gaol in the county of Columbia, and in
cafe the place whereon the prefent court houfe and gaol now is, fhall not be found
on examination to be in a central fituation, that then the faid commiffioners, or a
majority of them, fhall have power to fell and difpofe of the fame, and with the
I i i monies
* Corporation aft repealed ; and other commiffioners appointed. See act of 1795, No, 529.
■J- Additional commiffioners appointed by act of 179a, No. 464.
i By act of 1796, No. 555, court houfe and gaol under direction of inferior court.
j) Other commiffioners appointed by act of 1 79 7, No. 606.
§ Under direction of the inferior court. See act of 1 796, No. $55.
Preamble.
Enacted.
The commi JHwiers
of'the courc lioiifeS
ad gaols in the re-
fpecVive counties
which Lave not
h' retofo>-e recei 1 ed
filch fum!, may
receive looi. out
of the public trea-
fury for the ufe of
the Came.
The mayor and al-
dermen wf ihe ciiy
of Savannah to be
com in if doners of
the com: houfe and
gaol of Chatham .
Thofe of Augufta
tube commilsi'in-
ers of the court
houfe and gaol in
Richmond.
Cotmr.ifsioners ap-
pointed for the
court houfe and.
gaol in Franklin.
For the county
of Effingham.
Liberty.
Camden.
Glynn.
Additional
commiffioners
appointed for
the court houfe
and gaol in Co-
lumbia— cer-
tain povvtrs
vefted in them.
434 - DIGEST OF THE
A. D. 1791. monies arifing from fuch fale, and the fum allowed by this law, it fhall be the duty
No. 452. 0f t^Q fa£ commiffioners t0 contrail: for another court houfe and gaol, to be erected
or to remove the old court houfe to fuch fpot, as a majority of the faid comrniffion-
Provifo. ers may determine to be proper as aforefaid, at their option. Provided, That the
fuperior and inferior courts for the county of Columbia fhall be held at the court
houfe now erected, until another court houfe fhall be built, or the commiffioners
Provifo. therein appointed fhall find it neceffary to fell or remove the fame ; And provided,
Rkhmon'dfliail ^ nat *h\s act ihall not extend to exclude the county of Richmond from receiving
not be excluded fuch hundred pound, that county being divided fince the receipt of fuch monies for
fuchVtoo VmS ^ie u**es °f t^ie court houfe and gaol ; and the faid building being erected in that
part of the county now known as Columbia. And provided always, That if the mo-
nies avifing from the fale of fuch court houfe fhall not be fufficient to build and com-
plete the new one, the- balance fhall not be raifed by any county tax or allowance
from the public funds, but by fubfeription only.
County tax for VII. J And be it further enabled, That the juftices of the inferior courts of each
houfe&ande01*^ count/ in- this State may levy a tax in fpecie upon the feveral perfons liable to pay
tax in the refpective counties, not exceeding one fifth part of fuch perfons general
tax, and not exceeding the fum of three hundred pounds for each county to be col-
lected by the tax collector in their refpectiveu. counties, and by faid collectors paid
into the hands of fuch commiihoners after deducting two and an half per centum.
Provided, That nothing in this act fhall extend to the collection of a tax for the
counties of Columbia and Elbert.
WILLIAM GIBBONS, Speaker of the Houfe of ' Reprefentatives.
N. BROWNSON, Preftdent of the Senate.
EDWARD TELFAIR, Governor.
December 15, 1 791.
* This act is repealed by acT; of 1792, No. 478.
No. 452- An Acl to explain an acl, entitled, " An acl to eflabliflo an academy
in the county of Chatham, and for vefiing certain property in Selina
count efs dowager of Huntingdon."
Preamble. "lE"^ 7"HEREAS, there is in this State a considerable property, known and diflin-
\' V guifhed by the appellation of Bethefda college, or orphan houfe eflate,
originally intended for an academy, and devifed in trufl by the late Reverend George
Whitefieldj for literary and benevolent purpofes, to Selina countefs dowager of Hun-
tingdon ; and the fame was, in and by an act, entitled " An act to eftablifh an aca-
demy in the county of Chatham, and for veiling certain property in Selina countefs
dowager, of Huntingdon," vefted in her accordingly : And whereas the faid Selina
countefs dowager of Huntingdon was a Biitifh fubject, and is, fince the paffing the
faid actj departed this life, whereby the faid truft is concluded, and the heirs of the
faid
LAWS OF GEORGIA.
435
faid Selina being likewife Britifh fubjects and nen refidents, are incapable of receiv-
ing or executing the fame, and it therefore becomes neceflary.for^the legiflature to
explain their intention reflecting the premiifes, as well to effect the end for which
the fame was devifed, as to remove all doubts in and concerning the fame; Be it
enabled by the fenate and honfe of reprefentatives of the State of Georgia in general ajfembly
met, That the true intent and meaning of the faid act was, and the fame fliall be con-
ftrued to have been, a veiling of the faid Bethefda college, or orphan houfe eftate, in
the faid Selina, in truft for benevolent and literary purpofes, only during her natu-
ral life, and no longer.
II. And he it further enabled, That the faid property, both real and perfonal, called
Bethefda college, or orphan houfe eftate, as aforefaid, fliall, from and after the.paf-
fing of this act, be under the direction of thirteen truftees, a majority of whom (hall
have power to employ fuch profeffbrs and tutors, and to eftablifh fuch rules and re-
gulations for admifiion into and the governance of the faid college, and to employ
fuch overfeers and managers for the working the faid eftate to advantage, and do all
other and further acts and things in and concerning the fame as they may think ne-
ceffary and beneficial for carrying the original intention of the aforefaid inftitution
into full effect, to hold the fame, and the powers hereby veiled to the faid truftees,
and their fucceffbrs in office. for ever.
III. And be it further enabled, That the truftees hereby appointed {hall be and they
are hereby declared a body corporate, and as fuch fhall be authorized to ufe a common
feal, and fhall be liable to fue and be fued ; Provided, That no action fhall be brought
againft the faid truftees for the term of two years after the pafling of this act.
IV. And be it further enabled, That George Houftoun, William Stephens, William
Gibbons, fenior, Jofeph Haberfham, Jofeph Clay, junior, William Gibbons, junior
John Morell, Jofiah Tatnall, junior, John Milledge, James Whitefield, junior,
George Jones, Jacob Waidburger, and James Jackfon, fliall be, and they are hereby
appointed truftees for the purpofes hereby intended ; and in cafe of vacancy, either
by death, refignation, or other means, the faid truftees, or a majority of them, fliall
ballot for three perfons, out of whom his excellency the governor fhall felect one to
fill the fame.
V. And he it further enacted, That the faid truftees, or a majority of them, fliall,
once in every year, well, truly and faithfully account for, and have their accounts,
receipts and expenditures, in, and concerning the premifes, audited, and the fame,
with a copy of their proceedings, laid before the governor for public information.
WILLIAM GIBBONS, Speaker of the Houfe of Reprefentatives.
NATHAN BROWNSON, Prefident of the Senate.
EDWARD TELFAIR, Governor.
December 20, 179L
A. D. 1.791.
No. as 3.
Ena&ed.
The orphan houfe
eftate verted in Se-
lina, countels dow-
ager of Hunting-
don, novv deceafed
declared to be no
longer veiled than
her natural life.
The property, real
and perfonal called
Bethefda college,
or orphan houfe
eltaie verted in 13
truftees and their
fuctefibrs for. ever.
Their powers
for the regula-
tion and gover-
nance of the faid
college.
To be a body
corporate.
Provifo.
The truftees
named and ap-
pointed.
Vacancies how
to be filled.
To account an-
nually with the
governor.
An
436
DIGEST OF THE
A. D. 1791. An Act concerning eftrays, and for improving the breed of horfes.
No. 454-
Eftrays, in what I. T} E it enaEled by the fenate and houfe of reprefeniatives of the State of Georgia
tE^u t0 and JO «* general ajfembly met. That it (hall and may be lawful for any perfon, upon
appraifw], his own freehold, or other perfon having charge of fuch freehold in the abfence of
the owner thereof, and not elfewhere, to take up all eltrays, whether horfe, mare,
colt, or filly, neat cattle, affes, mules, or fheep, hogs or goats that may be found
foraying away from their owners ; and any perfon taking up eftrays as above, fhall
within ten days, in cafe fuch eftrays have been broke to fervice, take or drive it or
them before a juftice of the peace in the county, whofe duty it fhall be, and is
hereby required to take down in writing a particular defcription of the marks,
natural and artificial, brands, ftature, age and color of fuch eftray or eftrays, and
immediately to iffue his warrant to two o'r more freeholders of the vicinage, com-
manding them, having been firft duly fwom thereto, well and truly to appraife, or
afcertain the value of fuch eftray, which appraifement or valuation and defcription as
above, together with the name of the taker up, and the place of his abode, the faid
The valuation, juftice (hall, within ten days thereafter, tranfmit to the clerk of the fuperior court
defcriptions &c. \n fad COunty, taking fpecial care that the perfon or perfons taking up fuch eftray>
ed'to'the clerk do folemnly fwear, or affirm, that he or they have not altered or caufed to be alter-
of the fuperior ec^ tjie marks or brands of fuch eftray, and to the bed of his or their knowledge
and belief, fuch marks or brands have, or have not, as the cafe may be, in any wife
been altered, and that the owner is to him or them unknown.
Eftrays to be H- And be it further enacted, That in cafe any perfon fhall take up any fuch eftray-
viewed by free- e(j neat cattiej fheep, goats, ox hogs, he fhall caufe the fame to be viewed by a
freeholder in the county where the fame fhall happen, and fhall immediately go with
fuch freeholder, before a juftice of the faid county and make oath before ham that
the fame was taken up at his plantation or place of refidence in the faid county, and
that the marks or brands of fuch eftray or eftrays, have not by him, or to the beft
of his knowledge been altered •, and then the juftice fhall take from the taker up and
freeholder, upon oath, a particular and exact defcription of the marks, brands,
color and ige of all and every fuch neat cattle, fheep, goat, or hog, and fuch juftice.
fhall, in manner above directed, iffue his warrant for the appraifement of fuch
eftrays, which defcription and valuation fhall by the faid juftice within ten days be.
tranfmitted to the clerk of the fuperior court, by him to be difpofed of as hereafter
directed.
The juftices HI. And he it further enafted,. That it (hall be the duty of every juftice of the
how to proceed. p£ace before whom any eftray fhall be carried as aforefaid, to enter a true copy of
the certificate tranfmitted by him to the clerk of the court, in a book to be by him
kept for that purpofe.
_,. , c . IV. And be it further enabled, That it fhall be the duty of the clerk of the fupe-
The duty of the J ' ' . l
derk thereia. rior court in each county in this State, and he is hereby required to receive and
enter in a book by him to be provided and kept for that purpofe, all fuch certificates
of defcription and appraifement, as to him fhall be tranfmitted from the refpeftive
juftices.
LAWS OF GEORGIA.
437
juftices in the county; and it fhall alfo be the duty of the faid clerk to affix a copy A. D. 179T.
of every fuch defcription and valuation to the court houfe of his countv, for two No- 4.c4>
terms fucceffively, after the fame ihall be tranfmitted to him.
V. And be it further enabled, That in cafe no owner fhall appear in the term of H.>:fK cattv, rt<-.
' * y * nut ilaimeii in \i
twelve calendar months from the time of taking up any horfe, mare, colt, afs, mule ""[leJ^™:
or neat cattle, in that cafe it fhall be the duty of the clerk, upon giving thirty days :'^,ei' /'<* coun'y
previous notice, by advertifement at the court houfe, to proceed to fell fuch eftrays
for ready money to the higheft bidder, which money, fhall in the hands of the faid
clerk, be fubjedt to the order of the fuperior court for county purpofes, after defray-
ing the charges or fees herein after directed.
VI. And be it further enabled^ That in cafe any perfon fhall take up as aforefaid, Other efirays.
_ , , r r,in t i r ' ■' r o ma-J '1C ^'d 'n
any fheep, goats or hogs, and no perion or perlons ihall appear and make iatssiactory three mortis,
proof that the faid eftrays are his or their property, within three months from the
time of taking up fuch eftrays, the clerk having advertifed for three months at the
court houfe, in that cafe the clerk is hereby directed and authorized to proceed to
the fale of fuch eftrays as above directed, and the monies arifing therefrom fhail alfo
be applied as above.
VII. Neverthelefs , be it further enabled^ That if any perfon or perfons fhall, within JPerfons eftab>
the term of twelve months from the time of fuch fale, prove to the fatisfaction of pWht in twelve
the court, that the property fo fold was his or their own, or that of his or their months after
employers, as the cafe may be, in that cafe the court fhalT, after deducting the fees the amount de-
and charges hereafter defcribed, pay the balance of the money arifing from fuch du&ing charges
fales to the claimant of fuch property.
VIII. And be it further enacted by the authority aforefaid> That the juflice, for his Juftices fees in.
fervices as above, mall receive from the taker up, at the time fuch e-ftray or eftrays fuch cajC3*
fhall be brought before him, or a defcription and valuation thereof prefented to him
as above, the fum of three (hillings and fix pence for each horfe, mare, colt or
filly, afs or mule, and the fum of three pence half-penny for each head of neat
cattle, fheep, goats, or hogs.
IX. And be it further enabled, That the taker up of fuch eftrays, fhall as a com- The ta1icr UP
penfation for maintaining and keeping of the fame, put them to immediate labor, if t0 labcr, or re-
capable of fervice, and if incapable, or he fbould prefer it, receieve from the owner ccive reasonable
, r , .rr,1 r . , - . j _. . , . , compenfation.
if claimed, or from the court 11 told, a reaionabie ratisiactron, to be adjudged by
the clerk and a juftice of the peace in the county, according to the circumftance of
the cafe : Provided neverthelefsyThat in cafe of putting him to labor he fhall be bound Provifc.
to produce them to the owner, if claimed, or to the clerk if fold (cafualties excepted)
in as good condition as when appraifed.
X. And be it further enasled, That upon the delivery of any fuch eft ray to the His fees..
legal owner, or in cafe of fale, upon the fale thereof, the taker up fhall receive, from
the owner or clerk, as the cafe may be, the fum of four fhillings and eight pence
for each horfe, mare, colt or' filly, afs, mule or ox, in addition to the fum by him
paid to the juftice; and the fum of feven pence for each head of neat cattle, fheep,
goats or hogs, in addition to the fums above mentioned, for the keeping and main-
tenance of the fame.. XL.
433
DIGEST OF THE
A. D. 1791.
No. 454-
The clerk's fees
The proceed-
ings refpecling
eftrays to be un-
der tiie exami-
nation and di-
rection of the
fuperior court.
Perfons neg-
lecting to com-
ply with this
acl, liable to
forfeiture.
Jufticcs& clerks
neglecTing their
duty to be fined
and pay double
cofts.
For the im-
provement of
the breed of
horfes : Stud
horfes running
at large may be
gelded.
Provifo.
XL And be it further enabled, That the clerk of the faid court {hall, for the re-
ceiving, entering and publishing every certificate as above directed, and advertifing
the property for fale, if neceflary, the fum of two (hillings and* four pence, to be
paid by the owner, upon claiming the property, or deducted out of the money arif-
ing from fuch property, in cafe of fale, and the further fum of five per centum upon
the balance of fuch money, as a compenfation for felling, collecting and paying. ,
XII. And be It further enabled. That it fiiall be the duty of the fuperior court in
each county, at each term, to call upon the clerk of the faid counties, to give in a
full ftatement of all monies by them collected in confequence of this act : And alfo,
to require a juft and true account and reckoning, of and from all juftices, toll mat-
ters, or other perfons, heretofore concerned in taking up or felling eftrays, and of
the monies that have arifen, and not accounted for, or (hall arife from the fale of fuch
eftrays taken up under the former laws of this State ; and fuch juftice, toll mafter
or other per fon fo concerned is and are required, under the penalties incurred by this
law to render fuch account, and the balance of monies remaining in their hands,
after deducting "the legal charges thereon, fiiall be paid into the hands of the clerks
of the fuperior court, to be applied as herein is provided for.
XIII. And be it further enabled, That any perfon taking up any eftray as aforefaid,
and failing or neglecting to comply with and fulfil the true intent and meaning of
this act, and being thereof duly convicted before three magiftrates, fhall for every
fuch offence, forfeit and pay a fum equal to double the value of fuch eftray fo neg-
lected to be tolled and advertifed as aforefaid, to be recovered on information before
any court having cognizance thereof, one half to the informer, the other half to
the ufe of the county.
XIV. And be it further enabled, That if any juftice or clerk fhall refute" or neglect
to perform the duties required of them by this act, each juftice or clerk neglecting
or refuting, fhall, for every fuch neglect or refufal, forfeit the fum of five pounds,
one moiety to be paid to the party informing, and the other moiety to the ufe of
the county where fuch offence fiiall be committed, to be recovered by action of debt
in any court having cognizance of the fame, and fhall moreover be liable to an action
of damages to the party injured, and upon conviction, pay double cofts.
XV. And for the improvement of the breed of horfes within this State, Be it
further enabled, That if any ftone horfe, above eighteen months old, fhall be found
running at large, it fhall and may be lawful for any perfon to take up the fame, and
having taken him before the neareft juftice of the peace in the county, by the per-
miffion of the faid juftice, may geld the fame, taking care that the operation is per-
formed by a perfon ufually doing fuch bufinefs in the neighbourhood, for which the
perfon fo gelding fiiall receive one dollar, to be, paid by the owner of the horfe:
Provided nevenhtlejs, That if any perfon fhall take up and geld any fuch ftone horfe,
contrary to the true intent and meaning of this act, or without fully purfuing the
above direction, he fhall, for every fuch offence, forfeit to the party injured, double
the value of fuch horfe, which value fnall be afcertained by two refpectable free-
holders, who are acquainted with fuch horfe, who fiiall act upon oath, to be recov-
ered in any court having cognizance of the fame. t XVI.
a»
LAWS OF GEORGIA. 4
9
XVI. And be it further enabled, That all former laws, or parts of laws concern- A. D. 1791.
ing eftrays, fhall be and they are hereby repealed, fo far as refpects the taking up No- 4-*4-
r 1 a. i it ■ 1 n. AH forrnerlaws
iuch eitrays contemplated by this act. fofarasfefpedts
WILLIAM GIBBONS, Speaker of the Houfe of Representatives. jak™g UP e"
N. BROWNSON, Pre/dent of the Senate. ftrays repealed.
EDWARD TELFAIR, Governor.
December 20, 179L
An Acl to raife a tax for the fupport of government, for the year one No. 455.
thoufand feven hundred and ninety-tivo,
XXIII. "Ill E it further enacted, That the receivers to be appointed under this act The recover? of
_£_3 to lake in the returns of the taxable property for the county of Chat- handled with
ham be, and they are hereby directed to require of the inhabitants of the diftricts of certain powers
Great Ogechee and Cherokee Hill on oath, a lift of the taxable property, each of returns not
them were pofll-fted of at the time when the property ought to have been given in made in the dif-
to the, receiver appointed under and by virtue or the tax act for the year 1789, ogechee and
aforefaid ; which lift, fuch receiver (hall keep feparate from the tax return to be cheroJ^e Hl«*
* r r ^ agreeably to tne
made under this act, and {hall return the fame to the treafurer, together with the tax'aecof 1789.
general return to be made under this act ; and the receiver lhall have and receive the
fame allowance for his trouble, as is by this act. allowed receivers : And every per-
fon or perfons neglecting or refufing to give in fuch lift, fhall be returned a defaulter,
and fliall be fubject to all the pains and penalties as other perfon or perfons refufing
or neglecting to give in their taxable property under this a£t, are and fhall be reco-
vered in the manner herein pointed out ; Provided neverthelefs, That where it fhall Vro-vuo.
. . . ■ - ..,,..,. No perfon in ar-
appear to the receiver, that any penon or perions hath or have given in their pro- rt.ir/i for taxea
perty for the aforefaid year, in fuch cafe, fuch perfon or perfons fhall not be com- f'f ,1tn,at yeaT
r ' . . ,.. fluil ue com-
pelled to give their return of taxable property, and that no perfon wno is m arrear petted to pay in
for the taxes of the faid year, fhall be compelled to pay in fpecie, more than the real ^ie t}™or^eal
value of the paper medium at that time, which was four for one ; and the collector value of thepa-
for the county of Chatham (hall receive and account with the treafurer for the afore- fhat^lme^oup
faid arrearages in the fame manner as for the tax impofed by this act. for one.
WILLIAM GIBBONS, Speaker of the Houfe of Reprcfentatives.
NATHAN BROWNSON, Prefdent of the Senate.
EDWARD TELFAIR, Governor.
Decembers, 1 79 1 .
* An Acl to revife and amend the judiciary fyjiem of this State, No. 456,
E it enabled by the f mate and houfe of reprfentatives of the State of Georgia in rj. terms of
general affembly met, That from and after the paffing of this act, that the the fuFfrior
judges of the fuperior courts, or any one of them, fhall hold the faid courts in each 'jiieach co'an-ty.
county
* Repealed by acT: of 179a, No. 475.
440
DIG
EST OF THE
A. D. 1791.
No. 4j6.
1 he times ap-
f oin ted for
L tiding the
fame.
All writs and
other procefs
how to be iffu-
ed, executed,
and returned.
The fuprrior
tour's to hive ex-
tl'tiiive original ju-
EsfiiSion-" in all
ci'mvna! and ton-
current with the
ihjrerior rouris in
civil eafs.
The trial of all
cafes fhali fce(by
jury in the cuf-
tomary mode,
(Jrand and petit
juries how com-
pofe d.
Provifo.
Judges of the
inferior court,
&c. fhall not be
compellable to
ferve on juries.
county twice in every /year, at the refpeclive times and manner following, that is to
fay, commencing in Camden and Washington on the firft Tuefday in January next;
the Tuefday two we-eks after in Glynn and Greene ; the Tuefday two weeks after in
Liberty and Franklin 5 the Tuefday two weeks after in Chatham and Elbert ; the
Tuefday two weeks after in Effingham and Wilkes ; the Tuefday two weeks after in
Columbia; the Tuefday two weeks after in Richmond ; and the Tuefday two weeks
after in Burke. And the fecond term fhall commence on the firft Tuefday in July
next thereafter, in the counties of Camden and Wafhington, and be continued in the
fame rotation as directed with refpect to the firft circuit.
II. And be it further enafled, That all writs and procefs, of what nature or kind
they may be, iffuing out of the courts, fhall be drawn if required, iffued and figned
by the clerk of each court respectively, and bear teft in the name of one of the judges
of the faid courts, returnable to the firft day of the next fucceeding term, and be exe-
cuted by ferving a copy of the fame on the defendant or defendants, or leaving fuch
copy at his or their ufual or notorious place of abode, at lead twenty days before the
day therein mentioned for the return thereof, and be directed to the fheriff of the
county where they are to be executed, except in cafes of execution, which may be
ifiued in the manner now eftablifhed by law.
III. And be it further aiaBed, That the faid fuperior courts fnall have exclufive
original jurisdiction in all criminal cafes arifing under the laws of this State, and
concurrent jurisdiction with the inferior courts hereby eftablifhed and confirmed, in
all civil cafes whatever.
IV. And be it further enacled, That the trial of all cafes of what nature or kind
they may be, fhall be by jury in the cuftomary and eftablifhed mode, which jury fhall
be compofed as follows, that is to fay, the names of the whole number of the citizens
of each county, from the age of twenty-one to the age of fixty years, and who have
paid taxes, to be taken from the tax office, ( juftices of the peace excepted, who fhall
be confidered liable to ferve on the grand jury only) fhall, every third year be placed
in a box, and one third of the fame fhall be drawn therefrom, who, together with
the juftices as before mentioned, fliall compofe the grand jury lift, and the remaining
two thirds fhall compofe the petit jury lift of each county ; when the divifion as
aforefaid fhall have taken place, the names of the grand jury and the names of the
petit jury fhall be placed in two boxes, one to be denominated the grand jury box,
and the other the petit jury box, each of which fhall be divided into the partitions,
numbers one and two : The names of each refpective jury fhall, in the firft inftance,
be placed in the partition number one, and as they are drawn for fervice, be placed in
the partition number two, and thofe fo drawn therefrom, fhall not be liable to further
fervice until the whole number are fo drawn from the number one, when thev fhall
be fhaken up and again be placed in the partition number one, and be again drawn as
aforefaid. Provided always, That no judge of the inferior court, minifters of the
gofpel in orders, practitioners of law or phyfic, apothecaries, millers, or fchooltnaf-
ters fliall be eligible to ferve on any grand or petit jury.
V. Relates only to juries.
VI.
LAWS OF GEORGIA.
441
VI. And be it further enacted. That in all cafes where hail (hall be required, the A. D. 1791.
amount of debt or damages (hall appear by the oath of the plaintiff or plaintiffs, or his y3' 4i
or their agent or agents, before any juflice of the peace, which (hall be lodged in the Ealsen &c.
clerk's office, and be filed of record, and a copy thereof (hall be affixed to the original
and copies of the procefs.; and thereupon the fheriff fhall take a bail bond, "with fuf-
ficient fecurity for the appearance of the defendant or defendants, at the court to
which the faid writ or procefs may be returnable, and if the defendant or defendants
fhall not appear agreeably to the tenor of the faid bond, or to enter fpecial bail to
anfwer the action, and to pay the condemnation money thereof, it fhall be the duty
of the fheriff, on application theretor, to indorfe or make an affignment of the bail
bond to the plaintiff or plaintiffs, who may recover the amount of the debt fwoni to,
with legal intereft, by action of debt founded on the fame againfl the principal and
bail : Provided, That the faid bail, on paying cofts, fhall be at liberty to enter fpe- Provifo.
cial bail at any time before trial, but no imparlance, advantage, or delay, fhall be had Such bail may
or taken thereupon, but the proceedings thereon fhall be made up immediately, and fnt,cr *Pe"al
come on in the fame courfe and order as fuch action on the bail bond flood on the on paying cofts
docket of the court, and the proceedings againfl the fpecial bail, fhall be in the form fal^fe* W^S
now ufed in the courfe and practice of the faid courts refpectively.
VII. And be it further enabled. That no juftice of the peace fhall hold any juflice No juflice to
court, or pafs any judgment (except by confent of parties) at any other or more times huld a, courc
' r . J J ° ..:... ,. .' ,. more than one
than one day in each month within his diftri£l, which day fhall be in the option of clay in each
the faid iuftice to appoint on any day (Sundays excepted) and that that part of an act, ^-10"tn— whfch
J rr . ' ••• . ... he may appoint,
entitled " An act to amend and explain an act for regulating the judiciary depart-
ments of this State," fo far as directs the juflices to hold their refpective courts on
the laft Thurfday of each month only, be and the fame is hereby repealed.
VIII. And be it further enabled, That no fales in future fhall be made by fherifFs, ^oifi^S
of property taken under execution, but on the £rft Tutfday in every month, and °'>y in eveiy
1 i. 1 n. e .-, r n n i_ month— what
twenty diys notice at leait of the fame fhall be given. notice necefiary
IX. And be it further enabled, That the caufes now depending in the refpective Caufes now de-
inferior courts may be removed on th.e application of either party, and in cafe of Pend"Jg 'n the.
removal, the clerks of each court fhall divide the fee j for removing the fame, Pro- may be removed
vidcd* That where the fame fhall be removed, all cofls as far as the action fhall have to thc fuPenor
' , . court.
proceeded, fhall be firfl discharged by the party removing the fame. pro*ifi>.
X. And be it further enabled by the authority aforefaid, That no caufe fhall be dif- Caufes when to
miffed before the laft day of the term unlefs when called in regular order, or then, c-"11""1-"-
unlefs the plaintiff fhall refufe to try the fame or fhew good caufe, on oath, why he
cannot at that time proceed to trial.
XI. And be it further enabled by the authority aforefaid, That from and after the Trial cf appeals
paffmg cf this act, in all cafes where there has been a trial of appeal by fpecial jury, ^ i,^"1?'
(which the conftitution declares to be final) all bufinefs of injunctions and other pro- final; all injunc-
ceedings had thereafter, by the judges at chambers, fhall be flopped, ceafe, and proceeding
determine in its prefent ftage, and the judgment had on the verdict of the faid fpecial thereafter to-
jury, ftand confirmed.
Kkk XII*
' ■'•• -' i r.r-
■ - mf.- "■,.!■»»»' * 2 ,-
' >4. V J"' '
r-^'.'jMXJEST OF &|.:,;:. .
v-f ' ' - - - £Mk4 ■. i ■ '
£*. 1)> 1-751. S^M^t#',''raj' injunctions have iffued un^Judgme^tst|ia,d',<>n- the firft trial,
^-injtSlonlrfflued and no appeal entered ; Be it further ina&ed, TM^la fuch cafes, thje bill of injundion
upon thelXriai fhall be d if miffed in its pre fen t ft age, and tlie^def^Ri^b^-arvd -is hereby allowed to
cauilffo'te'1 tried enter an appeal to a fpecial jury at the firft*-term. held for the county where the de-
before a (pecia fencjant vefides, after the paffirrg of this a£t 5 -and in future, rip injunction fhall iffue
be'aiurf in' future, on any judgment to be obtained in any Superior or inferior "c4$\%;\ but in all cafes
illegality of ex- where execution (hall iffue illegally, or the meriffdhall execute ■property claimed by
claims of pro- anv perfon other than him againft whom fuch execution iffued upon oath, by the
perty executed, party or other proof, either by himfeif or his attorney, it (hall be and is hereby de-
clared to be, the duty of fuch fheriff to poftpone the fale of fuch property, and to
flay further proceedings on the execution 'until the next court, and report ipecially
thereon to the court, whofe duty it fhall be to decide thereon, at the term to which
fuch report is made, as to the legality of the execution, and caufe the right of pro-
perty to be decided on by a jury, under fuch regulations as they may eftablifh.
The governor XIII. And be it further enaBedy That his excellency the governor be, and is hereby
qualify juftkes, veiled with the power of qualifying juftices, fheriffs, and clerks, by a dedinms, or
fhenffs & clerks jn fucn other manner as he thinks proper.
Apical to be had XIV. And be it further enaBed, That all appeals fhall be had before the grand jury
before tlie grand ' . r i i 1 ■ i- • i
jury as heretofore, ox the county, in the lame manner as is directed ior appeals by the judiciary law now
ah colts incurred in force ; Provided^ That any perfon or perfons l'o appealing fhall, previous to ob-
paid, and fecuriiy taining fuch appeal, pay all cofts that may have arifen thereon, and give fecurity for
given for die con- ? -, " r . ; .
demnation money; the eventual condemnation money ; and that no executor or adminiftrator, as fuch,
executors and ad- J ' ' '
minittrators not {|la]J De haDle to give fuch feCUrity.
lialile to give inch o ^ 1
fecuruy. XV. And, for the more fpeedy determination, and ..orderly conducting of all
Rules of court caufes in the fuperior court, Be'it enaBed, That the judges together with the attorney
to be made by folicitor general, fhall at their firft meeting frame, and agree upon a fet of rules of
the judges, and . . . . - .
attorney or foli- proceedings and practice for all parties, practitioners and others in the faid courts,
cuor genera . fjiau De the fame in all the faid counties, and which fhall in no cafe be altered, but
suHv-nife mill at a meeting OI" tne &id judges, attorney or folicitor general as aforefaid ; Provided
ti°eero'odeof pro- neverihelefs^ That the faid rules fhall not extend to alter the prefent mode of fuit by
Son and proccfs/ petition and procefs, which fhall continue as heretofore ufed in this State, and wherein
it fhall be fufficient to fet forth the plaintiffs charges plainly and fubfiantially.
Declarations XVI. And be it further enaBed, That it fhall not be neceffary to affile a declaration
n ceffa"5 n0t or P^ea *n ^e 1"uPeri°r or inferior courts, but the petition and procefs iffued in like
manner as heretofore fhall be fufficient for the parties to proceed upon.
No proceedings XVII. And be it further enaBed, That no fuit fhall be inftituted, nor execution
eftatesofdfceaf- iffueJ againft an executor or adminiftrator for any debt or demand due or owing from
ed perfons with- a teftator or inteftate, until the expiration of twelve months from the death of fuch
their death. teftator or inteftate, and where fuits have been brought againft fuch teftator or intef-
tate, and depending in any of the courts of law within this State at the time of his
or her death, the fame fhall remain undetermined until the time limited as aforefaid
fhall expire.
Notice^of fet- XVIII. And be it further enaBed, That in cafes of mutual debts and fet-offs, where
the jury fhall find a balance for the defendant, the defendant fhall be at liberty to
enter
offs, when to be
riven.
X
-
•
LAWS O.BJ^pOiR.G.r^;r"L _. , 443
enter up judgment, and to take out execi&S^M^u^p^f.P^?^, Notice of fuch «■•"-*/.•■■ 1 791.
ofF-fet is given to the plaintiff or his attori^|^j^iw^£SFor'e' the fecond day of the fkit Proviio.
term. - , -
XIX. And be it further enacled,. That the me'riiT'fhall be liable, either to an act ion Sheriffs liable to'
on the cafe, or an attachment for contempt of. court at the option of the party, ca^ '0'r attach*-.
wherever it fhall" appear that he has injured the. fame either by falfe returns, taking nient for CCil-
infufftcient bail or by neglecting to arreft the" defendant, or to levy on his property.
XX. Arid be it alfo enacted. That the inferior courts mail continue as now eftablifhed Junfdl#ion of
. ii- r • • inferior
and held (except as to the jurifdicf.ion.and the times of meeting) the faid courts fhall courts.
have concurrent jurisdiction with the Superior court in all civil cafes above the fum of
five pounds, and fhall be veiled with all the powers heretofore ufed by the Superior
courts, reflecting high roads, bridges, taverns and billiard tables, (except within ™t?s S«<?ioTe
the jurisdiction of the corporation of Savannah) and the time of Sitting or holding r^cpuuretyial
the Said courts, Shall be in the counties of Camden and Waihington on the firft i"nd^l\avcn'r,
Tuefday in March and September, annually ; the T ueSday two . weeks after in Glynn The time for'
and Greene ; the Tuefday two weeks after in Liberty and Franklin ; the TueSday holding the faid
. -. courts in the ie-
two weeks after in Chatham and Elbert ; the Tuefday two weeks after in Effingham veral counties.
and Wilkes ; the TueSday two weeks after in Columbia ; the TueSday two weeks
after in Richmond ; and the Tuefday two weeks after in Burke.
XXI. And be it further enacted by the authority a fore faid. That where it may be T-feejufticetif
~ J , . • n- , r ■! c r any diftricl: may.
neceflary to commence a luit, in any juraces court lor the recovery of any mm. or be fWd before
Sums of money due, by the juftice of any district, the party complainant may, and the P5ar'<$ j"£
he is hereby authorized to commence and profecute the Same to judgment before the
next neareft juflice of the peace.
XXII. And be it further enacted by the authority afore faid. That no more than one Noynoitftbau one
J J * J •> attorney alli.we.t
attorney fhall plead in behalf of any plaintiff or defendant, in any caufe to be inOi- k*ri£K'ff-ff '";:ie"
tuted in the inferior courts of this State i but this claufe is not to extend to caufe s |a»fc.<*fc«c»gi.-
7 Dienc ett in the in-
already commenced; and where any witnefs refides out of the State or out of any CV^il>rTrt• ?h
'•',,., / , . * vVitneiies relict*'
count v wherein his teftimony is required in a caufe in the county wherein Such witnefs ing out of the
does not refide, it fh all be lawful for either party, plaintiff or defendant, orhisattor- count v HyKerl'ii
ney, on ten days notice given to the adverSe party or his attorney, to obtain a com- their teftimony
miflion from the clerk of either court, directed to certain commiifioners to examine be exaraing^te'
all and every fuch witnefs or witnefies, on Such interrogatories, as the parties may commifuon.
exhibit, and Such examination Shall be read at the trial of the caufe, if either party,
fhall fee fit.
XXIII. And be it further enacted. That where caufes are removed from the infe- £ilI£3 K™ov~<1 £f>
J ' the lu(ienor com e
rior court to the Superior, after the firft trial had in the inferior court, the fecond ^'i a£ fnedle--
trial in the Superior court fhall be before the Special jury as pointed out by law. forea-ipedaijwy.
XXIV. And be it further enacted, That So much oS the former judiciary as mili- ?° much of the-
. . . j - j formerjudiuary '
tates with this law, fhall Dc and the fame is hereby repealed. a<2 as militates -
WILLIAM GIBBONS, Speaker of the Houfe of Reprefentatives. J^^f **,J
NATHAN BROWNSON, Prefdeni of the Senate. **' "
EDWARD TELFAIR, Governor
December 23, 179 1, Ah-
444
DIGEST OF THE
A, D. 1791. An AB for regulating the infpeclion of tobacco.
Ko, 45 7-
Preamtie. ~\Hk T"ffEREAS it has been found by experience that the feverallaws now in force
1|/ ^f for regulating the infpeclion of tobacco throughout this State are unequal
Enacted. t0 the puipofe for which they were intended : Be it therefore enabled by the fenate and
houfe of reprefentatives of the State of Georgia, in general affmbly met. That from and
No tobacco [hull immediately after the paffing of this act, no perfon fhall put on board, or receive
be exported ' 10 * 1 * '
without infpec- into any fhip, brigantine, fchooner, floop, bylander, boat or other veflel, in order
tionatfome ef- t ^ exported therein, any tobacco which fhall not have been packed iahogfheads or
tabhfhed ware- r » .. / 1 1 • 1
houfe.' cafks, upon any pretence whatever, before the fame fhall have been viewed and in-
fpe£ted according to the directions of this acl: : That all tobacco whatever to be
received or taken on board any fhip, brigantine, fchooner, floop, bylander or other
veffel, and to be therein exported, or to be carried and put on board any other fhip,
brigantine, fchooner, (loop, bylander, or other veflel for exportation as aforefaid,
fhall be received or taken on board at the feveral warehoufes for that purpofe herein
after mentioned, or fome or one of them, and at no other place or places whatfoever ;
The collector of and any mafter, mate, or boatfwain of any fhip or other veffel, which fhall arive in
cuironis to ad- tj1js gtate in order to load with tobacco during the continuance of this a£t, fhall,
maimer an oath .' ' ' . . ,
to matters of before the faid fhip or veflel be permitted to take on board any tobacco whatever,
yeffels lading majce '0SLfa before the collector of the cuftoms of the port where fuch fhip or veffel
with tobacco. . r r
fhall arrive, which oath the faid collector is hereby empowered and required to admi-
nifler, that they will not permit any tobacco whatfoever to be taken on board their
• refpective (hips or other veflels, except the fame be packed in hogfheads or calks,
damped by fome infpector, legally thereunto appointed, which oath they fhall fub-'
Any mailer of a fcribe, in a book to be kept for that purpofe by the faid collector : and if any mafter
hnprpper perfon fhall caufe any perfon, who is not really and bona fide mate or boatfwain, to come
to take fuch oath on fhore and take fuch oath, he fhall for faid offence forfeit and pay five hundred
and £20 for ' pounds j and if any commander or mafter of any fhip or veflel fhall take on board,
every hogfhead or fuffer t0 be taken on board the fhip or veflel whereof he is mafter, any tobacco
put on board \ • , '» ,
contrary to this brought rrom any other place than iucn public place herein mentioned, or any hog-
a(a- fhead or calk of tobacco not ftamped by fuch lawful infpeclor, or fhall fuffer to be
brought on board any tobacco, except in hogfheads or cafks, ftamped as aforefaid,
every fuch commander or mafter fhall forfeit and pay twenty pounds for each
hogfhead, one moiety thereof to the ufe of the informer and the other moiety to the
ufe of the State, to be recovered by bill, plaint or information, before any court
of record.
Commanders of II. And be it further enabled, That every mafter of a fhip or veflel wherein tobacco
with tobacco to fhall be laden, fhall at the time of clearing out, deliver to the collector a fair manifeft
deliver mani- cf all the tobacco on board his fhip or veflel, exprefling the marks and numbers of
the collector, to every hogfhead, and the tare and nett weight ftamped thereon, the perfon by whom
be tranfmitted fhipped, and from what warehoufe, and fhall make oath thereto that the fame is a
treafurer. juft and true account of the marks, numbers, tare and nett weight of each refpec-
tive hogfhead, as the fame was taken down by the perfon or perfons appointed by him
to
LAWS OF GEORGIA. 445
to take the fame, before the faid tobacco was (lowed away, and no fhip or veflel A. D. 1791.
fhallbe cleared by the collector before he Ihall have received fuch lid or rnanifeft, lv|0- 457-
which fhall by the faid colledor, be tranfmitted to the treafurer of this State for the
time being.
III. And be it further enabled by the authority af ore/aid, That public warehoufes The public ware
for the infpeaion of tobacco purfuant to this act, fhall be kept at the feveral places in°fpSbn of To-
herein after mentioned, that is to fay, at Augufta, the three tobacco infpeftions baccb.
already eftablifhed, called and known by the name of Call's, Richmond, and Au-
gufta ; at Henry Arrington's, on Savannah river, at New-Savannah, on the land of
John Twiggs ; at *Yamacraw, on the lot of Mordecai Shetfall ; at Hardwick's, at
the mouth of Ogechee ; at Louifville, on the land of John Shelman ; at Galphin-
ton, on the land of Robert Forfyth ; at Georgetown, on the land of Arthur Fort •,
at Lexington, on the land of Charles Statum ; at the Ftocklanding, on the land of
John M'Kenzie ; at Montpellier, on the land of Charles M'Donald ; in the town
of Greenfborough, on the land of John Armour ; at the town of Wafhington, on
the lot of ; at the mouth of Broad River, on the land of. John Oliver ; on
the land of White, Robifon and co. at their iron works, on Sweet Water ; and at
Pace's ferrv, on the land of Drury Pace : And the proprietors of each warehoufe Storage of each
' . r- 1 n riiniri nop.thead Is. 2d.
are hereby entitled to demand and receive for the ftorage of each hogihead or tobacco ..
inlpeaed at his warehoufe, the fum of one milling and two pence; Provided, The Provifo.
faid tobacco does not lay longer in fuch warehoufe than twelve months; and for every AndM.fi* eveg
month after, the owner or proprietor of fuch tobacco fhall pay at the rate of fix ™y™^X™,
pence per month ; which duty or ftorage fhall be paid to the feveral infpeaors before **£*& ft «g
the fame be removed from the faid warehoufe, who fhall be anfwerable to the owner proprietors.
or proprietor thereof for the full amount of fuch ftorage by them received.
IV. And be it further enacted, That there fhall be kept at the feveral warehoufes Proprietors to
herein appointed and all others hereafter to be appointed, a good and fufficient pair of ^weights"
fcales, with weights fufficient to weigh fifteen hundred weight at leaft, and a fet of
fmall weights, the fame that are or ought to be provided for the (landard weights of
each county, and that the proprietors of fuch warehoufes provide the fame.
V. And be it further enacted, That all tobacco brought to any of the public ware- The judges of
houfes fhall be received, infpeded and examined by two perfons thereunto appoint- *JXoapp"oint
ed. who ihall be called infpeaors; which faid infpeaors .fhall be appointed in the 2 infpetfors for
,-™ , r 1 • r • -l f 1 each warehoufe
following manner, that is to fay: fThe judges of the inferior courts m the feveral tn be commiffi-
counties in which infpeftors are appointed, except as herein after is excepted, fhall at °^^_^cga'
their county courts, to be held between the firft day of May and fir ft day of Septem- manner thereof,
ber in each year, nominate and appoint three fit and proper perfons for infpeaors at
each of their feveral warehoufes within their refpeaive counties, who fhall be com-
miflioned by the governor; the two firft in the nomination fhall be confidered as the a third infpecl
aaing infpeftors for the enfuing year; and in cafe of ficknefs, death, or inability of ^^f^" '
either of the two firft infpeaors, the third fhall aa ; and alfo on the difagveement
of
* So much as rtlates to this infpe&ion repealed by a<ft of 1798, No. 627.
f The manner of appointing infpeclors altered by acl of 1798, No. 627*
t-
•44<5
IGEST OF THE
A. D. 1791.
No 457.
The faid judges
may difmifs
them from of-
fice, and fill va-
cancies.
In cafes of death
or remoi a! of anv
infpedtor the third
fhall aft.
The inferior
courts failing to
nominate, the
governor to
make fu.cn ap-
pointments.
Infpeclors how-
to be appointed
in the county of
Richmond.
Bond and fecu-
rity to be given.
Inspectors
when to attend
the warehoufes.
How liable for
neglect.
Their duty.
of the faid inipectors the third fhall be called in to decide on fuch hogfhead or hogf-
heads of tobacco : And the faid judges (hall have power on complaint in writing, be-
ing lodged in the office of the clerk of the inferior court, and being duly notified
thereof by fuch clerk, fuch juft ices or any three of them fhall within three days after
fuch notice to them given, fummon the infpector before them, fir ft ordering a copy
of the complaint to be ferved on him or them, and within five days thereafter, fuch
juftice fhall confider fuch complaint, and may continue or difmifs from office him
or them as the court fhall judge juft •, and fuch courts fhall fill up all vacancies that
may happen at any of their faid courts to continue to the end of the then in-
flection.
VI. Provided always, and be it ena&ed, That the third infpector on the death or
removal of any infpector in the fame nomination, fhall be confidered as infpeclor
and fhall act accordingly; And provided nevertbelefi, That where the inferior courts
fhall fail to nominate perfons for infpedlors, the governor is hereby empowered to
make fuch appointments, except that the firft five magiftrates on the lift for the county
of Richmond, not being merchants, fhall annually, betwixt the tenth day of May
and the tenth day of Auguft, nominate to his excellency the governor three lifts,
containing perfons, esch capable and fit to ferve as infpectors at the re-
fpective warehoufes at Augufta; and the governor fhall, within ten days after the
faid lifts fhall be tranfmitted to him, appoint and commiffion three fit and difcreet
perfons out of each lift to ferve as infpectors at each warehouse at Augufta, as de-
scribed by this act, and that every perfon fo appointed infpeclor by virtue of this act,
fliall, before he enters on the execution of his office give bond with fecurity, in the
penalty of five hundred pounds, payable to the governor for the time being and his
fuccefibrs in office, conditioned for the true and faithful performance of his duty
according to the directions of this aft, and liable to be put in fuit upon any neglect,
of duty ; which bond fhall be given or entered into before the inferior court or any
judge thereof, and lodged in the clerk's office of the county.
Vlf. And be it further enaffed, That all inspectors to be appointed by virtue of
this act, fhall conftantly attend their duty at the warehoufe or warehoufes under,
their charge, from the firft day of October till the firft day of Auguft, yearly, (ex-
cept Sundays and the holydays obferved at chriftmas, eafter, and whitfuntide, or
when hindered by ficknefs) and afterwards, they or one of them, fhall conftantly
attend at the fame (except Sundays ) to deliver tobacco for exportation, until all the
tobacco remaining there the faid firft day of Auguft, be delivered : And no inspec-
tor fhall be obliged to view any tobacco between the faid firft day of Auguft and
the faid firft day of October : And every infpector neglecting to attend as aforefaid,
fhall forfeit and pay to the party aggrieved five fhillings forevery neglect, or fhall be
liable toan action to recover all fuch damages as he or they fhall have fuftained by
occafion of every fuch neglect, together with his or their full cofts, at the election
of fuch party : And that all perfons having tobacco at the public warehoufes may
have equal juftice, the infpectors fhali enter into a book, to be kept for that purpofe-
the marks and owners names of all tobacco brought to their refpectivo warehoufes for
infpection,
LAWS OF GEORGIA.
\7
infpeclion, as the fame fhall be brought in, and mall view and infpecl the fame in
due turn as it fhall be entered in fuch book, without favor or partiality, and uncafe
and break every hogfhead or calk of tobacco brought them to be infpeeled, as afore-
faid ; and if they fball agree that the fame is good, found, well conditioned, mer-
chantable, and clear of trafh, then fuch tobacco mail be weighed in fcales, with
weights of the lawful flandard, and the hogfhead or calk fhall be flamped in the
prefence of the faid infpeclors, or one of them, with the name of the warehoufe
at which infpeeled, and alfo the tare of the hogfhead or cafk, and quantity of nett
tobacco therein contained ; and the infpeclor at fuch warehoufe mall iffue a receipt
for each hogfhead of tobacco they fnall pafs, if required by the owner, if the fame
weighs nine hundred and fifty, which receipt fnall be in form following, to wit :
River ivarehoufe, the day. of 1 79 .
A. D. 1791.
No. \s't-
Stemmed.
Grofs. Tare. Nett.
Oronoke, leaf.
Grofs. Tare. Nett.
Sweet fccntedy leaf.
Mark. No. Grofs. Tare. Nett.
Received of hogfhead of crop tobacco, marks, number, weights,
and fpecies as per above, to be delivered by us to the faid for expor-
tation when demanded. Witnefs our hands, the day of 179 .
VIII. And be it further enabled^ That the fize of the hogfhead or cafk fhall not
exceed forty-nine inches in length, and thirty-one inches in the raifing head, and
to weigh nine hundred and fifty pounds nett at leaf!.
IX. And be it alfo enabled, That no infpeclor or infpeclov* fhall, under any pretence
whatever, iffue a receipt for any other than fuch as fhall be printed, in which the date
fhall be inferted at full length ; and if any infpeclor or infpeclors fhall prefume to
iffue a receipt in any other manner than is hereby exprefled, he or they for fuch offence
fhall forfeit and pay twenty pounds, to be recovered with cofls by any perfon who
mav fue for the fame, in any court within this State, having cognizance thereof; which
receipts as aforefaid, fhall be furnifhed by the proprietor of the warehoufe: But if the
faid two infpeclors fhall at any time difagree concerning the quality of tobacco brought
for their infpeclion to any warehoufe under their charge, they fhall, as foon as con-
veniently may be, call in an additional infpeclor appointed to attend fuch warehoufe,
who fnall determine and pafs, or rejecl fuch tobacco ; and if he fiiall pafs the fame,
his name fliali be entered in a book kept by the infpeclors appointed, oppofite the mark,
number and weight of the hogfhead by him paffed, together with the name of the
infpeclor at fuch warehoufe, who fnall officiate with him : And the infpeclors at
each of the warehoufes eftablifhed by this acl, fhall conflantly keep £0 many able
hands, at their refpeclive warehoufes, not lefs than two, for the purpofe of taking
care of all tobacco brought to fuch warehoufe, and flowing it away after the fame
fhall be infpeeled and flamped ; and it fhall be lawful for the infpeclors to employ
the faid hands in the yard when not otherwife fufficiently employed by this acl. And
no infpeclor fhall, by fell, his1 fervant or any other perfon, either direclly or indi-
rectly, be concerned in picking any refufed tobacco (unlefs it be his own property)
on any pretence whatever, under the penalty of being forever thereafter difabled from
holding the office of infpeclor. X.
Size of hogf-
head.
The receipts to
be printed, £20
to he forfeited
for iffuing them
otherwife.
In cafes of difa-
grcement in
paffiug tobacco
how to proceed.
Hands to be
kept hy infpecl-
ors for taking
care of, and
flowing tobacco
Maybe employ-
ed in the yard.
NoirlpciSor to bs
concerned in pick-
ing retuf'e tobacco,
except his own,
under penalty of
being disqualified
ibr ever thereaf-
ter.
48 DIGEST OF THE
A. D. 1791. X. And be it' further enaEJed, That when any tobacco {hall be refufed by the infpeaor
No. 457. the proprietor thereof fhall be at liberty to feparate the good from the bad \ but if he
Refufe tobacco rejpures or neg]eas fo to do, within one month of fuch rcfufal, the infpeaors fhall
eI.W.t0 ' employ one of the pickers attending the warehoufe, to pick and feparate fuch refufed
tobacco, and give the owner credit for fo much thereof as fhall be found merchanta-
Shrll be burnt, ble, after paying the pickers one tenth part of the quantity faved ; and -the infpeftors
under penalty ^1 C;llife the tobacco which fhall be judged by them unfit to pafs, to be burnt, under
the penalty,.of fifty pounds for every failure, one half to the informer, recoverable
with cofts, before the court of the county wherein fuch warehoufe fhall be.
-Receipts for XL And be it further enabled, That when any tobacco fhall be brought to any
transfer tobacco wareh0ufe for the difcharge of any public or private debtor contract, in bulk or cafks,
the infpectors or one of them, after they have received, examined and weighed the
faid tobacco, according to the direftions of this aft, fhall deliver to the perfon bring-
ing the fame, as many receipts under the hands of the faid infpeaors as (hall be re-
quired for the full quantity of tobacco fo received by them ; in which fhall be ex-
prefied whether the tobacco received be fweet fcented, Oronoke leaf, or ftemmed,
which receipts fhall be in the form following, to wit :
« river, warehoufe, the day of
a Received of pounds of transfer tobacco, to
" be delivered on demand, to him or his order."
Infpe&ors not XII. And be it enatled, That from and after the paffing of this aft, if any infpeaor
to deliver out ft^jj prefUme to deliver any tobacco in his warehoufe without an order from the owner
oSrXomthe or proprietor of fuch tobacco, every infpeaor .fo offending' and being thereof duly
owier, under convi£ed in the fuperior court or the inferior court of any county, fhall be incapable
5"£ationdl * of ferving ever after as an infpeaor in this State, and {hall moreover be liable to pay
suld fuie- a penalty of fifty pounds, one half to the informer, and the other half to the ufe of
the State, to be recovered by bill, plaint or information.
Shall receive no XIII. And be it further enatled, That no infpeaor fhall accept or receive, dire£Ujr
' additional fee or or indire£tly, any gratuity, fee or reward, for any thing by him to be done in pur-
penaTty'of^Ko fuance of this aa, other than his faid allowance or fees by this aa allowed; fuch
infpeaor being thereof convifted, {hall forfeit and pay one hundred pounds, to be
recovered with cofts by any perfon who will inform and fue for the fame.
Perfons making XIV. And be it a If a enacled, That if any perfon hereafter {hall make a fire within
'^rehoufe Ha- any of the public warehoufes, or within fifty yards of fuch warehoufe,. other than in.
Lie to fine, &c. a r00m for the ufe of the infpeaors, or in fome houfe having a chimney, fuch perfon
or perfons fhall, for every fuch offence forfeit twenty pounds, to be recovered with
cofts, by information to the ufe of the informer ; and if a fervant or Have, he or fhe
fhall, by order of fome juftice of the peace, receive on his or her bare back twenty
five lafhes for every fuch offence.
Forging, coun- XV. And be it further enaffed, That he or they who fhall forge or counterfeit,
akerin"g'ther alter or erafe the ftamP or ^"P1 of aaY infPea°r or infpeaors, or fhall caufe or
fiamp or receipt procure fuch ftamp or receipt to be forged or counterfeited, altered or erafed, or
fftfefr a'ly *" ^a11 aid or affift in Urging or counterfeiting, altering or erafing fuch ftamp or
F ' receipt,
LAWS OF GEORGIA.
449
receipt, or (hall have in his cuftody or pofTeflion any infpector's ftamp or receipt, A. D. 1791.
which {hall have been altered or erafed, knowing the fame to have been altered or No> 457-
erafed, and (hall not difcover fuch altered or erafed ftamp or receipt to a juftice of
the peace, within five days after they or either of them fhall have come to his or
their poifeffion j or caufe to be exported any hogfliead of tobacco, ftamped with
a forged or counterfeited ftamp, or fhall receive or demand tobacco of an infpector
upon forged or counterfeited, altered or erafed ftamp or receipt, knowing the fame
to be counterfeited or forged, or fhall put or pack, or caufe to be put or packed,^
into any hogfhead or cafk ftamped by an infpe£tor any tobacco whatever, or fhall
draw or take out, or caufe to be taken out, any ftave or ftaves, plank or heading
board, of any hogfhead or cafk of tobacco fo ftamped as aforefaid, after the fame
fhall have been delivered out of any of the public warehoufes aforefaid, and being
thereof convicted, fhall fuffer fix months imprifonment, ftand four hours in the Howtobepun-
pillory, and pay a fine of one hundred pounds. *
XVI. And be it enacted, That if any infpector or infpectors fhall give, deliver Jnfpe&ors iffa.-
or iffue to any perfon whatever, his or their receipt, expreffed to be for any hogf- an? receiPts for
J r ' r-*z Jo tobacco not ac-
head or cafk of tobacco, which they have not actually received into the warehoufe tually received,
whereof they are infpectors, at the time of giving fuch receipt, or fhall give, deliver judTCcTfelons3 "
or iffue more than one receipt for any one hogfliead or cafk of tobacco by hi rn or andfufiferdeath.
them received, except where authorized by law fo to do, fuch infpector or infpectors,
being thereof convicted by due courfe of law, fhall be adjudged a felon, and fhall
fuffer death by being hanged.
XVII. And be it further enaHed, That if any infpector's receipt be actually loft, i.0ft receipts
mifiaid or deftroyed, the perfon or perfons entitled to receive the tobacco by virtue howeftabhfhed.
of any fuch receipt, fhall make oath before any juftice of the peace of the county
where the fame is payable, to the number and date of every fuch receipt, to whom,
and when payable, and for what quantity of tobacco the fame was given, and that
fuch receipt is loft, mifiaid or deftroyed ; and that he, fhe, or they, at the time fuch
receipt was loft, mifiaid or deftroyed, was lawfully entitled to receive the tobacco
therein mentioned, and fhall take a certificate thereof from fuch juftice j and upon
producing a certificate thereof, the infpectors who figned fuch receipt, and lodging
the fame with them, the infpectors fhall, and they are hereby required and directed
to pay and deliver to the perfon obtaining fuch certificate the tobacco for which any
fuch receipt was given, if the fame or any part thereof fnall not have been before by
them paid by virtue of the faid receipt, and fhall be thereby difcharged from all ac-
ctions, fuits and demands on account of fuch receipt : And if any perfon fhall be con-
victed of making a falfe oath, or producing a forged certificate in the cafe aforefaid,
fuch perfon fhall fuffer as in cafe of wilful and corrupt perjury or forgery, as the
cafe may be.
XVIII. And be it further enabled, That the infpectors at the feveral warehoufes The infpedUon of
(except Calls', Richmond, and Augufta) fhall be and they are hereby entitled to «5.tatcaiisfRichi
receive for each hogfhead of tobacco by them infpected, the fum of two {hillings, wa«uoufes.U8U
which fhall be paid to the infpectors by the merchants or other perfons to whom the Bywflomto be
L 1 1 fame
paid.
45°
A. D. 1792.
No. 457-
Jnfpe<51ors oath.
a
(t
■■A
(C
a
cc
«
Transfer tobac-
co, when to be
prized into crop
hogfheads.
And in what
manner to be
delivered out or
fold.
Tobacco hhds.
how to be hoop-
ed.
The weights to
fye annually re-
gulated by the
ftandard, under
direction of the
inferior court.
Proprietors of
warehouses to
keep them in
proper repair, or
be anfwerable
Jor all damages.
9
DIGEST OF THE
fame (hall be delivered : And every fuch infpedtor, before entering on the duties of
his office, fhall take the following oath, to wit :
" I, A. B. do folemnly fwear, that I will diligently and carefully view, examine
and infpect all tobacco brought to the warehoufe whereof I am appointed infpedtor,
and that, not feparate and apart from, but in prefence of my fellow, and that I
will not receive any tobacco that is not in my judgment found, well conditioned,
merchantable, and clear of train, and that I will not change, alter, or give out any
tobacco other than fuch hogfheads or caflcs for which the receipt to be taken was
given, but that I will in all things well and faithfully difcharge my duty in the
office of an infpector to the belt of my Ikill and judgment, and according to the
directions of this act, without fear, favor, affection, malice or partiality. So
help me God."
XIX. And be it further enabled, That the infpectors at the different warehoufes in
this State (hall, and they are hereby required to prize up all fuch parcels of transfer
tobacco as fhall or may be lodged in their refpective warehoufes into crop hogfheads,
to contain nine hundred and fifty pounds nett, or upwards each, within two months
after the date of the receipt pall or given by the infpectors for fuch tobacco; and
the faid infpectors lhall keep a book, to be called a transfer book, in which an exact
and particular account of all fuch parcels of tobacco fhall be kept, and where any
perfon or perfons holding fuch transfer receipts to the amount of nine hundred and
fifty pounds, and producing the fame to fuch infpectors, they fhall deliver to fuch
owner or proprietor a crop hogfhead or hogfheads of tobacco, to the amount of fuch
receipts, firft deducting from fuch receipts the fum of eight per centum for cafk,
fhrinkage, and prizing the fame, for which they lhall pafs their receipts or notes,
and the feveral infpectors at each of the warehoufes within this State, fhall proceed
to fell all the transfer tobacco that may remain in their poffeffion, on the fecond Mon-
day in September, annually, at the warehoufe in the refpective counties ; and the
infpectors felling fuch transfer tobacco, lhall be accountable to the owner or owners
cf fuch transfer tobacco, for the monies arifing from fuch fales, deducting at the
rate of eight per centum for wattage, calk, prizing and cooperage.
XX. And be it alfo enabled by the authority aforefaid, That every hogfhead of tobacco
fhall have at lean: fix good hoops 5 and the owner or owners of fuch tobacco failing to
have his, her or their tobacco in fuch Itate, lhall be obliged to pay the infpectors for
finding fuch hoop or hoops, the fum of two pence per hoop before the delivery of fuch
tobacco. And the inferior court of the county in which fuch tobacco infpections
may be, is hereby directed to appoint fome fit and difcreet perfon or perfons to exa-
mine the weights at the different infpections on the firfl Mondays in October and
January in each year, and regulate the fame agreeably to the ftandard of this State.
XXI. And be it further enabled by the authority aforefaid, That every proprietor or
owner of a warehoufe fhall keep the fame in repair, and fhall always have a fufficient
Ihelter or houfe room to fecure all tobacco which lhall be brought to the fame, the
doors to be well fecured by good locks, bolts or bars, in default whereof the owner
or proprietor fnall be accountable and pay to the perfon or perfons whofe tobacco
{hall be loft or damaged, all damages and coftss which may be recovered by action
in
LAWS OF GEORGIA.
45 *
in either of the fuperior or inferior courts : And the courts of the feveral counties
within this State wherein any warehoufe for the infpedtion of tobacco now is or may
hereafter be eftablifhed (hall, and they are hereby required at -their firft meeting an-
nually, to appoint three of their number to examine from time to time into the ftate
and condition of fuch warehoufes, and whether they are built and fecured according
to this act ; and the juftices fo appointed, or any two or more of them, finding that
the faid warehoufes are not in good and fufhcient repair, fhall within ten days give
notice, in writing, to the proprietor or proprietors of fuch warehoufe or warehoufes,
to repair the fame ; and if fuch proprietor or proprietors having notice as aforefaid,
mall refufe or neglect fo to do within two months from the time of fuch notice, it
{hall and may be lawful for the juftices fo appointed or any two or more of them, to
let fuch repairs to the loweft bidder, taking bond with fufhcient fecurity of the under-
taker in double the fum to be paid him for fuch repairs, conditioned for the due
performance thereof : And the infpectors at any warehoufe, wanting repairs as afore-
faid, are hereby empowered and directed to flop in their hands, the amount of the
fum to be paid for fuch repairs, out of the monies arifing on ftorage ; which money
fo flopped as aforefaid fhall be paid into the hands or to the order of the juftices let-
ting fuch repairs, to be by them paid to the undertaker thereof.
XXII. And be it further enacted, That from and after the paffmg of this act any
perfon or perfons bringing to any of the aforefaid warehoufes any hogfhead or hogf-
heads of tobacco, and the infpectors on weighing the fame, fhall judge it good and
merchantable according to the directions of this act, and under nine hundred and
fifty pounds nett, fuch tobacco fhall be kept by the infpector, marked in their transfer
book as light crop tobacco ; but no receipt or note fhall be given for the fame in lefs
than two months, except the owner or proprietor thereof fhall require the fame j
and the owner or proprietor of any fuch hogfhead may at any time within two months
prize into fuch light hogfhead fo much other tobacco as will make the fame nine hun-
dred and fifty pounds nett or upwards, in which cafe the infpectors fhall pafs their
receipt for the fame as crop tobacco, and mark it on their books as fuch. And if
the owner or proprietor of fuch tobacco fhall neglect or refufe to prize the fame
within two months, the infpectors fhall, and may confider the fame as transfer, and
fhall be allowed the fame per centum thereon as other transfer tobacco.
XXIII. And wherever, from the fituation and condition of any hogfhead of tobacco,
the infpectors find it neceflary they fhall have the fame l-e-packed; and for every fuch
hogfhead the pickers fhall be entitled to receive for their fervices in prizing and cooper-
ing the fame, the fum of five fhillings, except it be done by the owner of fuch tobacco.
XXIV. And be it further enacted by the authority aforefaid, That no perfon fhall attend
any warehoufe to pick refufed tobacco, or act as a cooper, except he fhall have been
appointed by the court, and approved of by a majority of the infpectors at fuch ware-
houfe ; any fuch picker fhall take the following oath, viz.
" I, A. B. do folemnly fwear, that I will carefully pick fuch refufed tobacco that I
" may have charge of, and will faithfully and truly make a return of the nett proceeds
" thereof, without any wafte or embezzlement to my knowledge. So help me God"
And
A. D. 1791.
No. 457.
To be annually
examined by the
juftices pf the
inferior courts.
Proprietors neg-
leding to make
neceffary repairs
— the juftices
maylet the fame
to the loweft
bidder, and pay
the amount out
of the ftorage.
Hhdu. of tobac-
co weigl ling lefs
th.an950lbs.may
be marked in the
transfer book as
light tobacco.
How to be ma-
nagedthereafter
Pickers — how
much allowed
for hhds. re-
packed.
Pickers & coop-
ers to be ap-
pointed by the
court, and ap-
proved by the
infpeclors.
Pickers oath.
452
DIGEST OF THE
A. D. 1791.
No. 457.
Whofliall be under
tjiedirc&ionof the
inlptcturs.
Provifo.
Planter:; ;-nay pick
agtl cooler riieir
o vn tobacco,
Hhds.tobe well
coopered and
hooped when
fhipped, and be
branded with
the word Ceor-
Coopers fees.
Subject to fine
of four fold for
ova charge.
Infpeflors to re-
ceive no emolu-
ment for cooper-
ing, undc r pe-
nalty of being
removed.
Allowance to
pickers.
Salary allowed
the infpe&ors
of Call's, Rich-
mond & Auguf-
ta infoeclions.
The amount ftr
infpeclion at Is.
9d. per hhd. to
he paid by the
inlpec-lors into
the treafury.
Penalty on fail-
ing to render
true account
thereof,
And the pickers and coopers fo appointed fhall be under the directions of the infpee*
tors. Provided) That nothing herein contained fhall be conftrued to prevent the
planter from picking or coopering his own tobacco, and the planters fhall at all times
have the free ufe of the prizes for that purpofe.
XXV. And be it further enabled, That the feveral infpectors appointed by this act
fhall be obliged to deliver each hogfhead to the perfon fhipping the fame, well coopered
with at leaft fix good hoops ; and every hogfhead of tobacco before it be removed
from any warehoufe, within this State, fhall be branded with the word, Georgia,
in letters of one inch long, which brand fhall be provided at the expence of the
owner or owners of each refpective warehoufe.
XXVI. And be it further enabled, That from and after the firft day of October next,,
the coopers of each of the feveral warehoufes (hall have and receive for each hogfhead
by them coopered, and for finding nails the fum of one fhilling and fix pence, and
no more, to be paid by the owner thereof ; and if any cooper or coopers fhall demand
or receive any greater fee or reward for fuch fervices, he or they fhall for every fuch
offence forfeit and pay fourfold to the party aggrieved, to be recovered before a juf-
tice of the peace in the county where fuch offence is committed ; -and on being con-
victed thereof, mall be rendered incapable of acting as a cooper at any of the ware-
houfes thereafter.
XXVII. And be it further enatled, That no infpector or infpectors of tobacco fhall
receive any emolument for coopering any tobacco that may be brought to the warehoufe
at which they are infpectors, under the penalty of being removed from office, upon
information and proof thereof before the county inferior court. And that from and
after the pa fling of this act, the pickers at the feveral warehoufes fhall have and re-
ceive for their trouble in picking any refufed' tobacco, one tenth part of ail fuch
tobacco by them i'aved.
XXVIII. And be it further entitled, That from and after the firft day of October
next, the two acting infpectors at Calls', Richmond and Augufta inflections, fhall
have and receive an annual falary for their fervices, that is to fay, to the infpectors
at Calls' the fum of eighty pounds- each \ to the infpectors at Richmond the fum of
eighty pounds each ; to the infpectors at Augufta the fum of eighty pounds each j
which fhaJl be paid them by the treafurer on the fettlement of their refpective accounts:
And there fhall be paid by the owner or proprietor of each hogfhead of tobacco in-
fpected at either of the above warehoufes, before the fame fhall be delivered, by the
perfon fhipping the fame, into the hands of the faid infpectors, the fum of one fhil-
ling and nine pence per hogfhead : And the feveral infpectors at each of the faid.
warehoufes at Calls', Richmond and Augufta, fhall, on or before the firft day of
September in each year, pay the fame into the treafury, and fhall render every three
months a juft and true account, upon oath, to the treafurer, of the number of hogf-
head.s by them infpected, including thofe prized with transfer and marked as crop
tobacco, diftinguifhing in their accounts thofe fhipped, and by whom, together with
thofe then remaining in the warehoufe ; every infpector failing or neglecting to
make fuch return, or making a falfe return3 mall forfeit and pay for every fuch offencea
the
LAWS OF GEORGIA. 4$
5
the fum of one hundred pounds; one half to the State, and the other half to any A. D. 1791.
perfon giving information and fuing for the fame, and on conviction thereof (hall be No> 4-57-
for ever rendered incapable of ferving as an infpector in this State.
XXIX. And be it further enabled by the authority aforefaid, That the treafurer (hall, The &*Wuiw to
, < - . . keep an exact ac-
and he is hereoy required to keep, an exact account of all fuch infpectors returns. c,mnt of n'cl> rc"
XXX. And be it further enacledy That all and every act, or parts of acts,- that have Aii'avts orp*-rsof
been paffed refpecting the infpection of tobacco, that is repugnant and contradictory ^lfl>«kfon<rf^Vas*
to this act, be and is hereby repealed.
WILLIAM GIBBONS, Speaker of the Houfe of 'Reprefentatives,
NATHAN BROWNSON, Prefident of the Senate.
EDWARD TELFAIR, Governor.
December 23, 1 79 1.
An Act appropriating money for the year 1 792. No. 458V
December 24, 1 791 .
An- Aft for regulating taverns, and reducing the rates of tavern No. 4j9.
licenfe*
BE zV enabled 'by the fenate and houfe of reprefentatives of the State of Georgia in general Tavern licenfe?.,
ajfembly met, That from and after the palling of this act, any perfon or perfons ed^'crfons^ob-
wifhing to keep a tavern or houfe of entertainment, fhall petition the juflices of the taininjj them to
inferior court held for the county where fnch petitioner refides, and the court to fourifyv-
whom fuch petition (hall be exhibited, fliall thereupon'confider the convenience of fuch
t>lace intended for a tavern, and having regard to the ability of fuch petitioner to keep
good and fufficient accommodation for travellers, their horfes and attendants, may at
their difcretion grant a licenfe to fuch perfon or perfons for the term of one year next
enfuing the date of fuch licenfe, and from thence to the next inferior court held for
the faid county, and no longer; which licenfe, upon petition, may be renewed from
yeaf to year, if the court think proper. Provided always, That before iffuing fuch
licenfe, the court fhall caufe the petitioner to enter into bond, with fufficient fecurity,
to be approved of by the court, in the fum of fifty pounds, conditioned for their keep-
ing an orderly and decent houfe, with good and fufficient accommodations for travellers,
their horfes and attendants ; which bond fhall be filed in the clerk's office, and fub-
ject to be put in fuit upon any breach thereof.
II. And be it further enabled, That the juflices of every inferior county court, at Tavern rates t»
the firft term in every year, fliall fix and eltablifh the rates and prices to be paid at . r . hy
1 , ' . . r r mlenor rourtf ;
taverns for liquors, diet, lodgings, provender, (tabling and pafturage ; And every penalty lor e&*
tavern keeper fhall, within one month after the rates fo eftablifhed, obtain of the ceedulS'
clerk of faid court a fair table of fuch rates, which fliall be openly fet up in the pub-
lic entertaining room in every tavern, and there kept throughout the year, until the
rates fliall be fixed or altered again by . the court ; and then a copy thereof fhall be
again
454
DIGEST OF THE
s.
A. D. 1791/ again fo obtained and kept from time to time, under a penalty of ten pounds on every
No- 459- tavern keeper failing fo to do : And if any tavern keeper fhall demand and receive
any greater price for any liquor, diet, lodging, provender, ftabling or pafturage,
than by fuch rate (hall be allowed, he, (he or they fo offending, (hall forfeit and pay
the fum of two pounds over and above the fum extorted for every fuch offence to
the informer, recoverable with coft, before any juftice of the peace, in the county
where fuch tavern fhall be.
Forfeiture for III. And be it further enacted, That if any perfon fhall prefume to keep a tippling
retailing wit. 1- houfe, or retail liquors, or fell by retail any wine, beer, cider, brandy, rumor-other
out iiccnie. _ . ' ■ . . _ "'
fpirits, or any mixture of fuch liquors, in any houfe, booth, arbor, ft all 'or other
place whatfoever, without licenfe fir ft obtained as aforefaid, he or they fo offending
and being thereof convicted, fhall forfeit and pay the fum of ten pounds, one half to
Provifo. the informer and the other to the ufeof the county. Provided a/way, That nothing
herein contained fhall extend to prohibit any merchant from retailing liquors not lefs
than one quart ; nor to prevent any planter or other perfon from difpofing of fuch
brandy, rum or whifky, as they may make from their own grain, orchards, or dif-
tiileries, fo that it be not fold in a lefs quantity than one quart, nor drank or intend-
ed to be drank at the houfe, ftore or plantation, where the fame fhall be fo fold,
except in the counties of Chatham, Liberty and Effingham, wherein it fhall not be
lawful for any merchant, to difpofe of any quantity lefs than one gallon.
Tavern licenfe, IV. And be it further enabled. That each perfon petitioning for tavern licenfe as
biUiTrd tabk z^OYt^l^i ma^ Pay f°r fucri licenfe the fum of two pounds, which the clerk is di-
£5- reeled to receive before figning or renewing the fame; for licenfe to keep a billiard
table the fum of five pounds ; and any perfon prefuming to keep any billiard table
without having obtained a licenfe in the manner herein before directed for obtaining
tavern licenfe, fhall be fubjecl: to the like penalty as perfons prefuming to keep tavern
without having obtained licenfe.
Former a<5ts re- V. And be it further enabled, That all acts heretofore made refpecting any thing
Pea ea- within the purview of this act, lhall be and the fame are hereby repealed. Provided
Taverns &c. at always, That the corporations of the city of Savannah and Augufta, fhall have the
Augufta,1 under ^ole regulation and power of governing and directing taverns and granting licenfes
the direction of within their feveral jurifdictions.
thecorporati- WILLIAM GIBBONS, Speaker of the Houfe of Reprefentatives.
NATHAN BROWNSON, Prefident of the Senate.
EDWARD TELFAIR, Governor.
December 24, 1791.
No, 460. An Ac! to compenfate the evidences attending on the trial of the honorable Henry O/borne.
December 24, 1 79 1 .
No. 461. j&n Ac! prefcribing the times, places and manner of holding eleclions for members to reprcfent
this State hi the congrefs of the , United States.
December 24, 1791.
See a8, of 1 794, No. 514. An
LAWS OF GEORGIA. w
An Acl to punijh perfons convicled ofjlsaling horfes, ajfes or mules, with death. A. D. 1 792.
December 3, 1792. No« 4oa.
Re-ena&ed with amendments by ad: of 1793, No. 499.
An Aft for the pardon of a certain negro manjlave, named Peter. No, 463.
December 3, 1792.
Private.
An Acl to eflablifo a town on St. Mary's river, in the county of Cam- No. 44
den ; for altering the -place of holding the courts and el eft ions within
the faid county ; and for appointing commiffioners to ereel a court
houfe and gaol in the county of Franklin.
L TJE %t enaEied h the fenate and houfe of reprefentatives of the State of Georgia in Town of St.
A3 general aflembly met, That a town heretofore laid out on the river St. Mary's, Mai7's-
in the county of Camden, a plat whereof has been recorded in the office of the county
furveyor of faid county, (hall be, from and after the paffing of this act, veiled in five
commiffioners, and be known by the name of St. Mary's ; and that James Seagrove, Commiffioner*
William Maulrey, William Johnfton, Thomas King and John King, be appointed aPPoJ6tcd-
commiffioners thereof, who or a majority of them, are hereby authorized and re-
quired within twelve months after the paffing of this act to tranfmit to the furveyor
general a fair and correct copy of the plan of the faid town by him to be recorded in
the office of the furveyor general of this State.
II. And be it further enacled, That in cafe of the death or refufal to act of any of Vacancies how
the faid commiffioners, his excellency the governor is hereby authorized and emp'ow- t0 1)e filkd'
ered to appoint fome other perfon or perfons in his or their room.
Ill And be it further enatfed, That James Seagrove, William Maulrey, William Commiffioners
Johnfton, John King, Thomas King and Abner Hammond, be, and thev are hereby °J C0T-t houfe
1 ■ rr r 1 ,„, ' »v.-»jr & gaol appoint-
appointed commiffioners of the court houfe* and gaol for the faid county of Camden, ed for Camden
in addition to thofe already appointed, whofe duty it fhall be within fix months after coun'7'
the paffing this aft to convene at fome place to be by them or a majority of them
agreed on for that purpofe, and then, and there, by fuch majority to decide on the
moil eligible place for ereding the fame 5 at which place, after the faid determination,
the courts and elections for the faid county (hall be thereafter held.
IV. And be it further enabled^ That James Little, Benjamin Echols, George Hen- Others appos-
ing, James Whitney, Roderick Efley, Efquires, be, and they are hereby appointed ^ for FrankliR
commiffioners to fix upon the moft convenient place for a court houfe and gaol in C°Un*7>
Franklin county, and for erecting the fame, in addition to thofe appointed by. an act,,
entitled " An act to grant money for the purpofe of building and repairing court
houfes and gaols," paired the fifteenth December, one thoufand feven hundredand,
ninety-one. y
* Under direction of the inferior court. See act of 1796, No. $i$,
456
DIGEST OF THE
A. D. 1792. V. And be it further enabled, That from and after the time of fixing and agreeing
No. 464- on the place for holding the faid courts and elections, that fo much of an act, entitled
Repealing ciauft. t( ^ ^ ^ ^m^ on pr0per places in the counties of Effingham, Glynn and Cam-
den ; for erecting gaols and court houfes ; and for eftablifhing fuperior courts in the
counties of Franklin and Greene," paffed at Augufta the tenth day of February, in
the year of our Lord one rhoufand feven hundred and eighty-feven, as refpects the
creeling a gaol and court houfe, and holding elections for the county of Camden at
the town of St. Patrick's, on the Great Satilla river, be and the fame is hereby re-
pealed.
WILLIAM GIBBONS, Speaker of the Houfe of Reprefentatives*
BENJAMIN TALIAFERRO,- Prefdentofthe Senate
EDWARD TELFAIR, Governor.
December 5, 1 79^.
Mo. 465. An Acl to revife and amend *" An acl for recording marks and brands
in this State."
Marks &brands I. Fjl E it enabled by the fenate and houfe of reprefentatives of the State of Georgia,
to be recorded. jf/^ -^ generni ffembly met, That from and after the palling this act it fhall
and may be lawful for all pexfons refiding within this State to record their marks and
brands in the clerk's office of the fuperior court of the county in which fuch perfon
refides; and if any perfon or perfons fhall neglect to record the fame, then and in
that cafe, whenever any property fhall or may happen to be in difpute between the
party fo recording his marks and brands, and any other perfon not having recorded
as aforefaid, both having one and the fame marks or brands, the property being
found in the poffeffion of the perfon complying with this act, the party fo claiming
any fuch property in difpute as aforefaid, fhall not be allowed to take the fame out
of the hands of the perfon found in poffeffion, without fuch claimant can prove, by
difinterefted teftimouy, fuch property fo in difpute, and that the fame is his property,
fuch proof when the value of the property is under five pounds, to be made be-
fore any juftice of the peace in the county where fuch property may be found and if
above that value, before any court having jurifdiction thereof.
In cafe of like- II. And be it further enabled by the authority afore/aid, That where two or more
nefs between pevfons fhall have the fame marks and brands, each of them recorded ; in fuch cafe
tjiem, the oldelt r .
record evidence the oldeft record fhall be evidence of right fo far as to compel the other party to
0 ng '" prove his property by difinterefted teftimony in the manner herein before pointed,
out: Provided, That nothing in this act contained fhall compel fuch perfon or per-
fons as have already had their brands and marks recorded in the fecretary's office, to
record the fame in the clerk's office aforefaid, but fuch record in the fecretary's
office fhall be good and valid.
Clerk's fees for III. And be it enabled, That it fhall be the duty of the clerks of the fuperior courts,
recording them. Up0n t}ie appiicati0n of any perfon or perfons to record all marks and brands, in
books
f The aci here referred to rannot be found.
LAWS OF GEORGIA.
457
books to be kept by them for that purpofe, and give certificates thereof when there- A. D. 1792.
unto required by any perfon- or perfons, and for which they fhall receive the fees No- 4°5-
pointed out by the a£t to revife and amend " An act for afcertaining the fees of the
public officers of this State."
WILLIAM GIBBONS, Speaker of the Houfe of Reprefentatives,
BENJAMIN TALIAFERRO, Preftdent of the Senate.
EDWARD TELFAIR, Governor,
December 8, 1792.
An Acl for the relief of the heirs and reprefentatives of Alexander Inglis deceafed*
Private.
No. 466.
I
An Acl to protect religious focieties in the exercife of their religious
duties,
1". ~) E it enabled by the fenate and houfe of reprefentatives of the State of Georgia in
Jj general affembly met, and by the authority of the fame, That if any perfon or
perfons whomfoever, fhall interrupt or difturb any congregation of white perfons,
affembled at any church, chapel or meeting houfe, or any other place of public wor-
fhip, during the time of divine fervice, it fhall be the duty of any juftice of the
peace, fheriff, conftable or any civil officer of the county, being prefent where the offence
fhall be committed, to take the perfon or perfons fo offending into cuftody ; or on
complaint made by any perfon on oath, to ifTue a warrant againft him or them fo
offending, and the faid juftice is hereby empowered to impofe a fine on fuch offender
not exceeding five pounds ; or on default of payment of the fame, to commit him or
them to the common gaol of the county, or to the neareft gaol thereto, for a fpace of
time not exceeding ten days ; and if fuch offender be a flave, to order him or her to
be punifhed by whipping, on the bare back, not exceeding thirty-nine lafhes.
II. And be it further enabled, That it fhall be the duty of the fheriff and other
officers who may collect: the fines and forfeitures impofed by this act, to make a return
of the amount fo collected to the clerk of the inferior court, and to pay the fame into
the hands of the overfeers of the poor, for the fole purpofe of fupportingthe poor of the
county wherein fuch offence fhall have been committed. And no congregation or
company of negroes fhall, under pretence of divine worfhip, affemble themfelves
contrary to the acl of regulating patrols.
WILLIAM GIBBONS, Speaker of the Houfe of Reprefentatives.
BENJAMIN TALIAFERRO, Preftdent of the Se,k(ite.
EDWARD TELFAIR, Governor.
December 13, 1 792.
No. 467.
Perfons inter-
rupting divine
fervice, how to
be treated.
Fines — for the
ufe of the poor.
Negroes not to
affemble contra-
ry to the patrol
a<5t.
M m m
An
458 DIGEST OF THE
A.D. 1792; An AB to nentife and amend the militia laiv of this State^ and to adapts
No. 468. the fame to the all of the congrefs of the United States ', pajjed the'
eighth day of May , one thoufand feven hundred and ninety-tivo,.
entitled. " An acl more effectually to provide for the national^
defence by efablijhing an uniform militia throughout the United .
States"
In conformity V. 1T% E it enabled by the fenate and houfe of reprefentatives of the State of Georgia, in i
p;refs,
the mill- JL3 general affembty met, That in order to comply as nearly as may be convenient
tia laid off into with the a£t of congrefs of the United States, paffed. at Philadelphia, on the eighth;
day of May, in the year of our Lord, one thoufand feven hundred and ninety-two5 .
entitled " An a£t . more effectually to provide for the national defence, by eftablift-
ing an uniform militia throughout the United States ;"— the militia of this State fhall ;
be laid off and apportioned into divifions, brigades, regiments, battalions and compa-
nies, in the manner herein after particularly expreffe'd.
Brigades and di- II. And be it further enabled, That the counties of Camden, Glynn, Liberty and '
virions defined. Chatham* fhall compofe a brigade, to be known as the firft brigade of the firft di-t
vifion j and the counties of Effingham and Burkef as the fecond brigade of the faid
divifion ;.. and the faid two feveral brigades fhall compofe the firft divifion of the,
militia of this State ;. and the counties of Richmond and Columbia fhall compofe a.
brigade, to be known as the firft brigade of the fecond divifion ; and the counties of
Wafting ton and Greene as the fecond brigade of the faid divifion ; and the faid two.
feveral brigades fhall compofe the fecond divifion of the faid militia; and the county
of Wilkes:}: .fhall. compofe a brigade, to be known as the firft brigade of the third,
divifion ; and the counties of Franklin and Elbert§ as the fecond brigade of the third,
divifion, and the faid two. feveral brigades fhall compofe. the third divifion of .the faid-.
militia.
A major general III. And be it further enacted,- That each divifion of the faid militia fhall be under
eac^dvifion ^e direction °U ana< be commanded by a major general, and each brigade fhall be.
a brigadier ge- under the direction of, and be commanded by a brigadier general ; and there likewife •
gade.' ea° n" fhall be appointed an adjutant general, to. have the rank. of lieutenant colonel : AIL
Adjutant gene- which faid officers fhall be appointed and eommiffioned by the commander in chief of, '
lieut. col; this State, under the regulations and reftricStions herein after pointed out,.
Brigades to be IV. And be it further enabled, That within two months after the paffing of this a£t,
ix -j^!^,. !" the faid feveral brigades fhall. be fub-divided into regiments, battalions and companies,
taiionsandcom- as nearly as may be, in conformity to the aforementioned a£t of the congrefs of the
Provifo. United States, by the executive department of this State. . Provided, That the refpec- \
tive counties be kept diftinct from, and unblended with any other county in fuch j
fub-divifion, unlefs alterations in fuch counties ftould hereafter by law take place...
* Effingham, M'Intofh, and Bryan, added. "^
f Montgomery, Scriven, Bullock, and Jefferfon, .added. f[ „ n , N am?T,0fi No <A» -
i Warren and Lincoln, added. f beea(its W*W5i No. 534, and.l7.90, Ho. 502.-..
§ Oglethorpe and Jackfon, added.. \]
LAWS OF GEORGIA.
459
V. And be it further enabled, That the officers of companies "Shall be nominated A. D. 1792,
bv election of the citizens liable to bear arms in each company district, and be ap- _ N„°\4£^"
pointed agreeably to the constitution by the governor of this State, under the follow- iw« appointed,
ing rules and restrictions, that is to fay, the free white inhabitants fo liable to do
militia duty fhall, within ten days after fuch company district fhall have been defined
by the executive, aflemble at a place to be appointed therein by any two or more ma-
gistrates within fuch company district, or if there fhould not be two refiding magis-
trates within fuch district, by any two or more magistrates of the county fuch com-
pany may be in, ten days public notice being firSt given by fuch magistrates of fuch
meeting and the intention thereof; and the free white inhabitants liable to do duty
therein, and fo convened, fhall proceed to nominate, by ballot, one fit and proper
perfon to fill each refpective commiffion of captain, lieutenant and enfign of fuch
company, the election fo held, and the names of the perfons fo nominated for each
commiffion as aforefaid, fhall be certified* under the hands and feals of the faid ma-
gistrates, and be by them fent, within fifteen days fo certified, to his excellency
the governor, who fhall within five days after the receipt thereof, appoint and com-
miffion the perfons fo nominated for the refpective commissions of captain, lieutenant
or enfign, as the cafe may be, and in cafe of the neglect or refufal of the inhabitants
of any company diftricl: to meet, and by ballot to nominate the perfons aforefaid
within the time herein before pointed out for fuch meeting •, the executive department
fhall proceed to appoint the officers of fuch company district without any fuch no-
mination.
VI. And be it further enabled, That the captains and fubalterns of companies fo Lieut, col. s and
nominated and appointed fhall, within twenty days after the notification of their poXeV'by5 die
appointments by his excellency the governor has taken place, meet and affemble at company officers.
fome convenient place within the battalion or regimental diftricl;, as the cafe may be,
to which fuch officers belong, under the direction of any two or more of the captains
fo appointed, not being candidates, ten days notice being given of the meeting and
its intention by them ; and when fo met, the faid officers fhall proceed to nominate,
by ballot, one fit and proper perfon for each commiSfion of lieutenant colonel of the
regiment or major commandant of the battalion, as the cafe may be. Provided, That Provifo,
where the lieutenant colonel, when appointed, will command a regiment, confifting
of two battalions, the officers of companies of both battalions fhall aSfemble together
in like manner at a conevnient place for each battalion, under the direction of two or
more captains, one of which at leaSt belonging to each reSpective battalion ; and the
captains fo aSTembling, the faid officers fhall, within ten days after fuch nomination,
certify the fame, and the names of the perfons fo nominated, and fend fuch certifi-
cate to the executive department, which Shall within five days thereafter-, appoint and
commiSfion the perfons fo nominated to fill fuch appointments of lieutenant colonel
-or major, as the cafe may be.
VII. And be it a/fo enacted, That where a country will not permit its being formed connti.es nor «>n-
into two battalions, the fame fhall compofe a regiment to be commanded by a lieu- canons, now to i«
. ° '- TTTTT commanded.
tenant colonel commandant. f VIII.
* See a6t of 1793, No. 494, feci. 8, pointing out the manner of certifying and returning fuch elections.
■J- To be commanded by a major if a county has not more than 4 companies. See act of k 795, No. 534-
46o DIGEST OF THE
A. D. 1792. VIII. And be it further enacted. That where any officer now in commiflion (hall
offic^",' t?ot8'to t»e nominated and appointed to fill the fame commiflion he before held, he fhall take
take rank. rankf from the date of the commiflion he fo before held, any thing herein con-
tained to the contrary notwithstanding, and the officers, in commiflion at the time of
pafling this act fhall continue to act until the nomination or appointment of fome
other perfon to fill the fame.
Emoluments, how IX. And be it enabled. That the commanding officer of eacli company of militia
PerfoDs liable to fhall enroll the names of all the male inhabitants (flaves excepted) above the age of
duty* eighteen and under the age of forty-five years, who fhall have refided therein for
the fpace of ten days, and fhall caufe the perfons fo enroled to be fummoned and
duly noticed by a proper non-commiflioned officer, to appear at fuch times and places
as he (hall appoint for company mufters j and the perfons fo enrolled, fhall be from
thenceforth deemed and held to belong to fuch company, and liable to appear at all
its mufters, whether battalion or company, and on all other necefFary occafions,
and to perform the whole duty of a militia man without any further notice whatso-
ever.
Accoutrements. X. And be it further enacted, That every perfon fo enrolled fhall provide himfelf,
agreeably to the act of congrefs, with a mufket or firelock, a fufficient bayonet and
belt, two fpare flints, and a knapfack, a pouch with a box therein, to contain not
lefs than twenty-four cartridges, fuited to the bore of his mufket or firelock, each
cartridge to contain a proper quantity of powder and ball ; or with a good rifle,
knapfack, fhot pouch and powder horn, twenty balls fuited to the bore of his rifle,
and a quarter of a pound of powder, and fhall appear fo armed, accoutred and
provided, when called out to exercife or into fervice ; except that when called out to
exercife only on company days, he may appear without a knapfack. And if any
Fiaesof privates perfon fo enrolled fhall neglect to provide himfelf, or fhall appear at mufters not pro-
for deficiencies per]y accoutred as before exprefled, or fhall neglect or refufe to appear at fuch battal-
and non-attend- *-.:.* r P . .
ar.ce. ion or company mufters, or on any other neceflary occafion, at any time within nine
months after the pafling of this act:, fhall be fined in a film not exceeding two dol-
lars for every fuch offence ; and for every fuch neglect after that time, the fum not
exceeding fix dollars if a battalion mufter, and four dollars if a company mufter.
Field and com- XL And be it further enacted, That every commiffioned officer of the rank of
uniform F h' A captain and under, fhall provide himfelf with a fword or hanger, an efpontoon, and
to fine for defi- a complete fuit of uniform, to be determined on by the officer commanding the
attendance n°"" ^rJgac^e ne belongs to, and in cafe of any fuch officer appearing at mufters, or on-
. other neceflary occafions, not fo provided, at any time within nine months after his
appointment, every fuch officer fo offending, or who fhall neglect or refufe to appear
at fuch mufters fhall be fined, if a captain, in a fum not. exceeding thirty dollars}
if a lieutenant, not. exceeding twenty dollars ; and if an enfign, not exceeding fif-
teen dollars. And every general and field officer fhall in like manner appear, when
on duty, in a complete uniform, and armed with a fword or hanger ; — the uniform
of the general officers to be determined by the commander in chief, and the uniform
of
■f See art of 1793, No. 404, feci;. 6, reflecting the rank of lieutenant-colonels.
LAWS OF GEORGIA. 461
of the field officers, by the officer commanding the brigade; and in cafe of their A. D. 1793.
appearing at mufter, or on other neceflary occafions, not fo provided, every fuch Nl)- 4^8.
officer fhall forfeit and pay, if a major-general, a fum not exceeding two hundred
and fifty dollars ; if a brigadier, a fum not exceeding two hundred dollars ; and if
a field officer, a fum not exceeding one hundred dollars.
XII. And be it further enacted, That the faid militia fhall exercife in battalion Battalion or re-
twice in each year, and in companies four times in every year ; and in cafe of neg- j^."u -r
lect thereof, if a battalion or regimental mufter, the commanding officer of fuch
recriment or battalion fhall be fined in a fum not exceeding one hundred dollars, to be
impofed by a court martial, to be ordered by the officer commanding the brigade ;
and if a company mufter, the officer commanding and fo neglecting fhall be fined
for every fuch neglect in a fum not exceeding thirty dollars, to be impofed by a
court martial, to be ordered by the officer commanding the regiment or battalion to
which fuch company fhall belong, and due notice fhall be given of fuch regimental,
battalion or company mufters, by the officers commanding the fame.
XIII. And be it further enacted, That every officer commanding a company fhall, Company mnfr-
on the days appointed to exercife his men by company, have the fame formed under fc ■
arms by eleven o'clock in the forenoon, by which hour every perfon liable to militia
duty in fuch company fhall attend, and the faid officer fhall then have his roll called
over, and mark ail defaulters, and fhall proceed to inftruct and exercife his rcu'n in
the evolutions and manual exercife pointed out and required by the before mentioned
act of congrefs, and in cafe of neglect of fuch inftructing and exercifing, the officer
fo commanding fhall be liable to a penalty not exceeding thirty dollars for every fuch
neglect.
XIV. And be it further enabled,. That if any perfon liable to bear arms, at any officers and pri--
exercife or training, hereby appointed, fhall behave in a contemptuous or unfoldier- vatesj°bef!n|-J
like manner, at either battalion or company mufters whilft under arms, or fhall infult court martial,
or threaten his field, company or other officer commanding, after his difcharge, for ordiftobedience
or on account of fuch officer's performing the duty hereby required of him whilft of orders.
fuch perfon was under arms, every fuch perfon fhall for every fuch offence forfeit and
pay a fum not exceeding four dollars : And if fuch offender fhall be a commiffioned
officer, and fhall be guilty of contemptuous or unfoldierlike behavior whilft on duty,.
or fhall, after his difcharge from fuch duty, threaten or infult his fuperior officer for or
on account of the duty required of fuch officer by this act, every fuch commiffioned
officer fo offending fhall for every fuch offence forfeit and pay a fum not exceeding
twenty dollars or be cafhiered, at the option of a court martial.
XV. And be it further enacted, That any perfon interrupting the military exercifes Perfons inter-
required by this act, may be committed by the officer commanding the body of militia "e^fl'may^e
fo interrupted, to the neareft common gaol, for a fpace of time not exceeding five committed to
days for every fuch offence. ga° '
XVI. And be it further enafted, That every mafter or other perfon who -hath the Mafters of iir-
command, government or power c>ver any indented man fervant, liable to do militia to equip thern,
duty by this act, fhall, at his or her own proper cofts and charge furnifh and provide &c. atidfu%a.
every ka..
462 DIGEST OF THE
A. D.i 792. every fuch indented man fervant during his fervitude, with the arms, ammunition
No. 468. and accoutrements directed by this act, and every fuch mafter or other perfon fhall
fend fuch indented fervant completely armed and furnifhed as is herein required, to
all battalion, regimental or company mufters, and on all other neceffary occaficns,
which fuch indented fervant would have been liable to attend were he not a bondfman ;
and in cafe fuch indented fervant fhall not appear thereat, or on appearance fliall be
defective in arms or accoutrements hereby required, fuch mafter or other perfon
fhall be liable to all the fines, penalties and forfeitures impofed in like cafes on other
perfons liable to bear arms by this act.
Fines and for- XVII. And be it further enabled. That the feveral fines, penalties and forfeitures
fixtures, how to t0 ke inflicted by this act on perfons liable to attend at company mufters, may be im-
be impoied by 1 .r . .
courts martial, pofed by a court confiding of a majority of the commiflioned officers of fuch com-
pany ; or in cafe of vacancies of two commiflioned officers of the regiment or bat-
talion fuch companies belong to. Provided, one of the faid officers be an officer of
fuch company. And the feveral fines, penalties and forfeitures to be inflicted on
perfons liable to attend battalion or regimental mufters, fliall be impofed by a court,
to confift of at leaft feven commiflioned officers of fuch battalion or regiment ; and
it is hereby made the duty of the officers appointed members of fuch courts martial,
on being duly notified thereof, to attend the fame ; and in cafe of neglect or refu-
fal of any fuch commiflioned officer to attend, he fhall be liable to the penalties herein
pointed out for non-appearance at regimental or battalion orders ; and ten days notice
at leaft, in writing, fliall be given defaulters and offenders to be tried at fuch com-
pany, battalion or regimental courts martial, under the hand of the commanding
o-Mcer of the company fuch offender or defaulter belongs to, who fliall be ferved
with the fame perfonally, or be otherwife notified by a non-commiffioned officer
thereof, by fuch non-commiffioned officer's leaving the fame at fuch defaulter's or
offender's ufual place of abode, and proof of fuch fervice fliall be made to fuch
court, on oath, previous to its proceeding to the trial of fuch offender or defaulter.
"Warrantsthere- XVIII. And be it further enabled, That all warrants for fines, penalties or for*
J ■* Kf° bd fe'ltures inflicted by this act fhall, if in confequence of the fentence of a company
court martial, be under the hand and fealof the commanding officer of the com-
pany; and if in confequence of the fentence of a regimental or battalion court
martial, under the hand and feal of the commanding officer of fuch regiment or
battalion ; and every fuch warrant fhall clearly exprefs the offence, and recite the
fentence of the* court, and fhall be directed to, and executed by a ferjeant of the
company the offender belongs to, or be directed to, and executed by any lawful con-
flable of fuch diftrict ; and fuch non-commiffioned officer or conftable fhall make
return of fuch warrant within thirty days after his receiving the fame ; and if on
fuch return it fhall happen that fuch offender or defaulter has not wherewithal to be
levied to fatisfy the forfeiture or fine impofed by fuch court, it fhall be the duty of
fuch officer commanding, to renew the warrant, and thereby to commit the offender
or defaulter to the common gaol of the county, or the neareft gaol thereto, if there
fhall be no fuch county gaol, for the fpace of one day for each dollar contained, in
Tuch
LAWS OF GEORGIA. 463
fach fine or forfeiture ; and it is hereby made the duty of the keeper of -fuch gaol to A.. D. 1792..
receive fuch offender or defaulter, and to keep him in clofe cuftody for the term in No- *'J'6-
fach warrant expreffed, without bail or mainprize, and until fuch offender or defauker
fhail have fatisfied fuch keeper for his fees on fuch confinement. Provided,. That no
gaoler (hall detain fuch perfon or perfons more than three days for his fees : And
provided^ That where this act admits of perfons being committed to gaol in the fir ft
inftance, no return or renewal of fuch warrant fhall be neceffary.
XFX And be it further enacled, That the non-commiffioned officers of the refpec- Non-comjniffi'-
tive companies fhall be appointed in the following manner, that is to fay, the names mie(icfluer-> in
r _ * .r o » ji what manner to
of all perfons liable to bear arms in each company diftrict fhall be placed in a box to be appointed^
be kept in the cuftody of the commanding officer of fuch company and have two pat'-^wur
titions, to be known by the numbers one and two, . and the names in the firft inftance -
fhall be put in the petition number one, and within one month after the refpective
companies fhall be organized, it fhall be the duty of the commiffioned officers thereof:
to affemble and draw from the faid partition number one, the names of eight perfons
which fhall be thrown into the partition number two, and the eight per fens -fo drawn
fhall be the non-commiffioned officers of the company and are hereby declared liable to
execute and perform all the duties of fuch ftation, and they fhall ferve as fuch for the
fpace of twelve months, and fhall not be liable to ferve again in that capacity until
all the names fhcll be drawn from the partition number one; . and in cafe of refufal to Suhjecl to fine
act in fuch appointment, or to procure fome fit and proper perfon, to be approved of J£ ^e ° i,e u'1
by the officer commanding the company, to do the duty of a non-commiffioned offi-
cer in his ftead, fuch perfon fo drawn and refufing to act or to procure fuch fit and
proper perfon, fhall forfeit and pay the fum of ten dollars, to be recovered by war-
rant of the officer commanding the company fuch perfon fhall belong to, and the
faid commiffioned officers fhall proceed to draw another perfon to fill the office of
fuch perfon fo refufing until the number of non-commiffioned officers fhall be com-
pleted; and the four firft perfons fo drawn as aforefaid, fhall be the.ferjeants, and the-
laft four fo drawn, the corporals of fuch company. Provided neverthelefs. That if Provifc, ...
fit and proper perfcfl!l|£or non-commiffioned officers fhould be procured by the com-
miffioned officers of fuch company, the mode of drawing in this claufe contained
may be difpenfed with; -4^&fter fuch fit and proper perfons have accepted fuch offi--
ces, they fhall be liable to ferve in fuch ftation, at leaft for the term of twelve months
as is herein before expreffed for perfons drawn to ferve in the fame; and in considera-
tion of the duties in this act affigned to them, one half of the fines of fuch company
fhall be fet apart as a fund for defraying the expence of executing fuch duty, and
be divided to and among fuch non-commiffioned officers; but if any non-commiffion-
ed officer after accepting fuch office, fhall neglect or refufe to do the duty required
by this act, he. fhall for every fuch offence, forfeit and pay a fum not exceeding five
dollars.
XX. And be it further enafied, That it fhall be the particular duty of the officers Thepatrol hw,
commanding companies, to pay a due attention that the law for eftablifhing and re- f<^ed'\y tte^
gulating patrols in force in this State, paffed the eighteenth day of November, in the militia.
year, ;
&0-4
DIGEST OF THE
A, D. 1792.
• No. 468.
Returns, to whom
ami when to be
made;
Orders how to
be diftributed
by the officers.
Subject to fine
or may be calh-
iered, at difcre-
tion of court
martial.
Courts martial
for the trial of
officers, how
eonftituted.
Their fentence
fubjeiSt to the
pleafure of the
commander in
chief.
year of our Lord, one thoufand feven hundred and fixty five, under the then pro-
vince of Georgia, be ftrictly executed, and in cafe of neglect or default of fuch exe-
cution, every officer commanding the company defaulting, and not punifhing the
defaulters agreeable to the faid act, fhall be fubject to a fine not exceeding fifty dollars
or be cafhiered, at the option of a court martial.
XXI. And be it further enafted, That the officers commanding regiments or battal-
lions, fhall once in every year, make proper and complete returns of their regiment
or battalion as the cafe may be, to the officer commanding the brigade to which-they
refpectively belong, and the officers commanding brigades, fhall in like manner, make
proper and complete returns of their brigades, to the officers commanding the divifion
to which they refpectively belong, and the officers commanding divifions, fhall re-
ceive and diftribute all fuch orders to the brigades of their divifions as may from time
to time be iffued from the commander in chief, or by his direction, from the adju-
tant general ; and the officers commanding brigades, fhall in like manner, receive and
diftribute to and among the refpective regiments and battalions of their refpective
brigades, all fuch orders as may from time to time be iffued to them by the officers
commanding divifions, by the commander in chief, or from his directions by the ad-
jutant general, and the officers commanding regiments or battalions fhall caufe to be
diftributed to, and executed by the refpective companies under their command all
fuch orders as they may from time to time receive from officers commanding divifions
and brigades, or from the commander in chief, or the adjutant general ; and in cafe
of neglect or refufal to perform fuch duty, every officer fo offending fhall, if a major
general, be fined in a fum not exceeding five hundred dollars, if a brigadier, in a
fum not exceeding three hundred dollars, and if a field officer, in a fum not exceed-
ing two hundred dollars or be cafhiered at the option of a court martial to be or-
dered, if on a major general by the commander in chief, if on a brigadier by the
officer commanding the divifion, and if a field officer by the officer commanding the
brigade. Provided, That nothing in this claufe contained, fhall be conftrued to debar
the commander in chief from arrefting and ordering courts martial for the trial of
any officer of the militia of this State, or to debar any officer commanding a divifion,
brigade, regiment or battalion from arrefting and ordering courts martial for the trial
of any officer belonging to his divifion, brigade, regiment or battalion.
XXII, And be it further enabled, That a court* martial for the trial of a major-
general fhall confift of at leaft one major-general, three brigadier generals and
five field officers ; and for the trial of a brigadier general the court fhall confift of at
leaft two brigadier generals and feven field officers; and for the trial of a field
officer it fhall confift of at leaft one brigadier, three field officers,' and five captains,
or of four field officers, and five captains; and a court martial for the trial of a cap-
tain ox fubaltern fhall confift of at leaft feven commiffioned officers, the prefident
thereof to be of fuperior rank to the officer tried; and every fentence of a court mar-
tial, where the officer fhall be cafhiered, fhall be tranfmitted by the prefident of the
court through the adjutant-general to the commander in chief, who may approve
of, mitigate the fentence or pardon the offender as he may fee fit : and in cafe of fen-
T tences
* See ad of 1793, No. 494, feet. 3, preferring the manner of appointing courts martial.
LAWS OF GEORGIA. 465
tences merely pecuniary, the officer ordering the court may approve, difapprove or A. D. 1792.
mitigate the fame. No- 468.
XXIII. And be it further enabled, That from and after the organization of the mi- Vacancies, how
litia as before pointed out, whenever any vacancyfhall happen in any captain's diftricl',
battalion, regiment, brigade or divifion,. by death, refignation or otherwife, the va-
cancies fhall be filled up by nominating a perfon or perfons to fill fuch vacancy or
vacancies in the fame manner as before pointed out by this act.
XXIV. And be it further enacted, That his excellency the governor be, and he is The governor,
hereby empowered toaflemble and embody fuch part of the militia of the State as he th^militia
may from time to time think neceffary, to repel any invafion, infurrection or rebellion
which may happen within the fame, and to order fuch officers to command the faid
militia as he (hall fee fit. Provided, That the officers of one company fhail not be
placed to command another company, unlefs where the death, refignation or inabi-
lity of fuch officer fhall make it neceffary. And provided, That nothing in this claufe
Contained fhall prevent part of fuch company from being detached, or piquet or other>
wife under any officer.
XXV. And be it further enabled, That where volunteer corps of artillery, hcrfe Members of vo--
or infantry fhall be formed in purfuance of the aforementioned a£t of congrefs y the ^"iikr "h^f &
volunteers compofing the fame fhall not be permitted to leave fuch corps until he or infantry, net to
they fhall have given two weeks notice of fuch intention, and fhall have produced a without notice
certificate from under the hand of the commanding officer of the company diitricY he ar>d certificate.
belongs to, that his name is enrolled therein ; and until the expiration of fuch notice
fuch perfon fhall be liable to continue to do duty in fuch volunteer corps; and in cafe Militia men not -
of removal of refidence of any perfon liable to do militia duty from one diftricl: to ^ ar^cMrici;
another, five days notice fhall be given to the officer of the company fuch perfon in- without notice
tends to remove from, and fhall produce a certificate from the officer of the company catGi
he intends to remove to, that his name is therein enrolled, and until fuch notice and
certificate, fuch perfon fhall be liable to do militia duty in fuch company from which
he fo intends to remove.
XXVI. And be it further enabled, That any officer acting in an infamous or fcan- AH improper
dalous manner unbecoming the officer, and which is likely to bring the militia fervice ™"s "^fo^ers "^
into difrepute, may be arretted by order of the commander in chief, or the command- and neglect of
ing officer of a divifion or brigade, on fufficient grounds appearing to them of fuch tjcej {Z Co."r°3
conduct, and on conviction thereof by acourt martial, fuch officer may be cafhiered: martial.
And all diforders and neglects whilft on duty, or under orders which officers or pri-
vates may be guilty of to the prejudice of good order and difcipiine, though not herein
particularly provided for, may be noticed by a general, regimental or battalion court
martial, and be punifhed by fine or forfeiture, not exceeding the penalties herein,
apportioned for other offences according to the rank of the offender.
XXVII. And be it further enabled, That all fines* and forfeitures accruing by virtue Tines and for»-
of this a£t fhall, if arifing from default at regimental or battalion mutters, be paid app"feet(' '°v/
iiito the hands of the major of fuch regiment or battalion for the exprefs purpofe of
N n n procuring
* See act of 1793, No. 494, feet. 2, receding other fines. ,
st66
DIGEST
OF THE
A. D. 1792.
No. 468.
Commanding
officers of regi-
ments have the
fole appoint-
ment of the re-
gimental ftaff.
Themilitialaws
to be publicly
read to compa-
nies, regiments
or battalions.
Major generals,
brigadiers and
adjutant gene-
ral, how ap-
pointed.
Vacancies by re-
moval.
procuring regimental and company colours : and all fines and forfeitures arifing from
defaults at company mutters (except as herein excepted) {ball be lodged in the hands
of the captain thereof, to be applied in the purchafe of drums and fifes ; and fuch
captain, after fuch purpofe is attained, (hall yearly account with, and pay to the
major of fuch regiment or battalion, the overplus of fuch fines and forfeitures, who
{hall, after the expence of colours is deducted therefrom, pay the overplus of fuch
regimental, battalion or company forfeitures into the public treafury, where all fines
on general officers fhall alfo be paid.
XXVIII. And be it further enafied, That the commanding officer of regiments fhall
have the fole appointment of the regimental ftaff as pointed out by the aforefaid a£l
of congrefs, and that for the better underftanding of this law as it has reference to
the faid a£t, the executive be empowered to direcl: a fufficient number of copies of
that a£l to be ftruck off with this law, to be diftributed one to each company of mi-
litia within this State, and one to each held and general officer within the fame : And
it is declared to be the duty of each company officer to have the faid aft, together
with this law, publicly read over at leaft twice in each year to his company whilft un-
der arms ; and it fhall be the duty of the field officers to have the fame once in every
vear, read to the refpective regiments or battalions whilft under arms, to which they
may refpectively belong : And the executive department is alfo further empowered
and required to have a like number of copies of the rules and articles of war, in force
with the troops of the United States, to be diftributed in like manner, that the militia
be not ignorant thereof when called into actual fervice.
. XXIX. And be it further enacled, That the major generals, brigadier generals, and
adjutant general created by this act, fhall be nominated in the following manner:
The fenate and houfe of reprefentatives fhall concur in the nomination of one perfon
as major general for the firft divifion ; one other perfon as major general for the
fecond divifion ; and one other perfon for the major general for the third divifion of
the militia of this State ; and fhall alfo concur in the nomination of one other perfon
for the brigadier general of the firft brigade of the firft divifion ; one other perfon for
the brigadier general for the fecond brigade of the faid divifion ; one other perfon for
the brigadier general of the firft brigade of the fecond divifion j one other perfon for
the brigadier general for the fecond brigade of the faid laft mentioned divifion ; one
other perfon for the brigadier general for the firft brigade of the third divifion ; and
one other perfon as a brigadier general for the fecond brigade for the third and laft
divifion ; and fhall alfo concur in the nomination of one other fit and proper perfon
as adjutant general ; and a lift of the names of fuch perfons as fhall be nominated as
aforefaid, fhall be figned by the pre fid eat of the fenate and fpeaker of the houfe of
reprefentatives, and tranfmitted to the governor within two days after fuch nomina-
tion, for the purpofe of appointing and commiffioning each and every of fuch nomi-
nated perfons within ten days after he fhall receive fuch lifts of names as aforefaid.
XXX. And be it further enaciedy That in cafe any officer fhall remove out of the
diftrift, battalion or regiment for which he fhall be appointed, then and in that cafe
his commiffion fhall be void ; and all officers of divifions, brigades, regiments, bat-
talions and companies fhall be refidents of the divifions, brigades, regiments, battalions
and companies to which they feverally belong. XXXI.
LAWS OF GEORGIA. 467
XXXI. And be it further enacted* That the people called quakers, on producing a A,j^; JJ92'
certificate from a quaker meeting of their being bona fide quakers, (hall be exempt ^J^HdTSwy,
from all militia duty required by this act, and (hall pay an extra tax of twenty-five dkKTta",0^3*
ter centum in addition to their general tax. Provided, That this act (hall not extend Provifo.
to affect perfons nor their eftates who are herein exempt either from years, appoint-
ments or imbecility.
XXXII. * And be it further enabled, That the members of the legiflature for the Certain other
time being, and their officers, all judicial and executive officers, all minifters in or- ad^kfo^tmh^fe.
ders, practitioners of phyfic, all public printers, all ferrymen, millers, all tutors and mentioned in
the u6l of the
ftudents, all juftices of the peace, regifters of probates,, the treafurers, the furveyor united States,
general and county furveyors, the fecretary of the State, invalids, poft riders, mad-
men and ideots,f (hall be and they are exempted from any of the duties required by
this act, in addition to thofe exempted therefrom by the act of the United States.
WILLIAM GIBBONS, Speaker of the Houfe of Reprefentatives
BENJAMIN TALIAFERRO, Prefident of the Senate.
EDWARD TELFAIR, Governor.
December 14, 1792,
* So much of this fc£t. as exempts the " feveral officers'* named, and all' militia laws prior to this a<5t>. re-
pealed by a<a of 1793, No. 494. feSk. 15.
•j- See othtr exemptions by acts of 1794, No. 522, and 1795, No. J34.,
An A El for the more effectually preventing and punifhing forgery. No, 469.
I. Wy E it enabled by the fen ate and houfe of reprefentatives of the State of Georgia in
M J general afembly met. That from and after the palling of this act, if any perfon To forge audit-
or perfons fhall falfely make, forge, alter or counterfeit, or eaufe or procure to be overnorrpre-
falfely made, forged, altered or counterfeited, or willingly act or affilt in the falfely fulents or fpeak-
making, forging, altering or counterfeiting any audited certificate, iffued by the au- ^^^ ll s'"
ditor general, or any order or warrant iffued by his excellency the governor, or the
honorable the prefident of the fenate, or fpeaker of the houfe of reprefentatives of
this State, on the treafurer thereof, for any money or other thing, or any warrant for
land iffued by the juftices of any land court within this State, or any certificate, draft,,
warrant or 'order from any of the public officers of this State,, iffued under or by
virtue of any act or refolve of the general affembly, any deed, will, teftament, bond,,
writing obligatory, bill of exchange, promiffory note,, or order for money or goods,,
or acquittance, or receipt for money or goods,, or any endorfement or affignment
of any bond, writing obligatory, bill of exchange, promiffory note, or order for money?
or goods, with intent to defraud any perfon or perfons whatfoever, or fhall utter or Or to utter or
publifli as true, any falfe,, forged,, altered or. counterfeited audited' certificate, go- Publlfll the ata&i
vernors, prefidtnts, fpeakers or other public officer's certificate, draft, warrant or
order, fo as aforefaid iffued under or by virtue of any act, or refolve of the general
aHembly of this State, or any deed, will,, teftament. bond, writing obligatory, bill, of
exchange^
?v*
468
DIGEST OF THE
A. D. 1792.
No, 46^.
Declared to bs
ielony without the
benefit of, clergy.
Perfons forging
and paffing h.d'e
metal*, to fuffer
death without
the benefit of
clergy.
exchange, promiffory note, or order for money or goods or acquittance, or receipt
for money or goods, or any endorfement or alignment of any bond, writing obligatory,
bill of exchange or promiflbry note, or order for money or goods, with intent to
defraud any perfon or perfons whatfoever, knowing the fame to be fo falfely made,
forged, altered or counterfeited, every fuch perfon or perfons fo offending, and being
thereof convicted according to the due courfe of law, he, (he or they fhali be deemed
guilty of felony, and fuffer death without the benefit of clergy.
II. And be it further enabled, That if any perfon or perfons fhall falfely make, forge,
utter or pafs any bale metal as gold or filver coin, within this State, knowing the
fame to be falfe, bafe or forged, and being thereof convicted, fhall fuffer death with-
out the benefit of clergy.
WILLIAM GIBBONS, Speaker of the Houfe of Reprefentatives.
BENJAMIN TALIAFERRO, Preftdent of the Senate.
EDWARD TELFAIR, Governor.
December 1 4, 1792. "
No. 470.
Commiffioners to
lay out .1 town, to
be calledWilliamf-
bisrg.
Lots, how to be
laid off.
The plan to be
recorded in the
furveyor gene-
ral's office.
The governor to
fillupvacancies.
Further time al-
lowed Wade Hanip-
ton and Jas. Gunn
to erect a bridge
over Great Oge-
chee river.
An Acl for laying off a town, to be called Willi amfourg, upon the
Little St. Savilla Bluff, on the river Alatamaha, and for other
furpofes therein mentioned.
E it enabled by the fenate and houfe of reprefentatives of the State of Georgia
in general afembly met, and by the authority of the fame, That William Williams,
Farr Williams, John William Lambert, William Cooke, and Rofwell King, be,
and they are hereby appointed commiffioners to admeafure and lay out a town, to be
called Williamfburg, upon the Little St. Savilla Bluff, on the river Alatamaha, in
the county of Glynn, upon the lands of William and Farr Williams, under the re-
ftrirSlions herein after mentioned. .•
II. And be it further enabled, That the quantity of land thus to be laid out for the
faid town of Williamfburg, fhall not exceed one hundred and fifty, nor be lefs than
one hundred acres ; and that the faid commiffioners or a majority of them, fhall,
within nine months from the paffing of this a£t, actually furvey, or caufe to be fur-
veyed and laid off, the faid town, into fuch lots or parcels as to them may feem moft
conducive to the fpeedy fettlement, improvement and population thereof ; and tranf-
mit a copy of the plan of the fame to the furveyor general, to be recorded in his
offi.ee.
III. And be it further enabled, That in cafe of the death, refignation or refufal of
any of the faid commiffioners to a£l, his excellency the governor ffiall, and he is
hereby authorized and empowered to appoint fome other fit and proper perfon or
perfons in his or their room.
IV. And whereat^ in and by ^an ordinance, entitled " An ordinance fecuring upon
certain conditions to Wade Hampton, Efquire, his heirs or affigns, the exclufive
right to ereft a bridge over the river Savannah at Augulta, and for other prirpofes
v therein
LAWS OF GEORGIA. 469
therein mentioned," pafled at Augufta, the fixth day of December, one fchoufand A.D. 1792.
{even hundred and ninety : It was declared that the faid "Wade Hampton and James No« 47°-
Gunn, Efquires, mould be veiled with the right of erecting a bridge over the Great
Ogechee river, at or near the place called the Great Ogechee ferry in Chatham county,
on condition that the fame fhould be built and erected within a certain time therein
prefcribed ; but that the fame has not been erected, as the place fo propofed was
under a Ieafe which is not yet expired j Be it therefore enabled, That the time of build-
ing and erecting the faid bridge be prolonged until the fir ft day of December, one
thoufand feven hundred and ninety-four under the reftrictions of the aforefaid ordi-
nance.
WILLIAM GIBBONS, Speaker of the Houfe of Reprefentatives.
BENJAMIN TALIAFERRO, Pref dent of the Senate
EDWARD TELFAIR, Governor.
December 17, 1792.
An Ac! allowing further time to the officers andfoldiers of the late no. 471.
State troops ivho have received no compenfation for their ferv ices,
to make their claims-, and have them liquidated by the auditor,
WHEREAS the purpofe and intention of the legiflature, expreffed in an act, Preamble,
entitled " An act for making compenfation to the troops in the fervice of
this State, for difcharging the faid troops, and for collecting and fecuring the public
arms," have not been anfwered or carried generally into effect, by means of the fhort
time allowed the officei's and foldiers to repair to the general mufter at the town of
Wafhington; for remedy whereof, Beit enabled by thefenate and houfe of reprefentatives Further time al-
cf the State of Georgia in general affembly met, and by the authority of the fame, That from 1"we".t0 au°lC
and immediately after the paffmg this act, it fhall and may be lawful for any officer or lateStatetroope.
foldier of the late State troops, to make application to the auditor, who is hereby au-
thorized and required to audit and liquidate the claims of all fuch officers and foldiers
of the late State troops as have not received a compenfation for the fervices, in like
manner as fuch claims were audited and liquidated in purfuance of the above recited
act, and under the reftrictions herein after mentioned.
II. And be it further enabled, That where any officer or foldier fhall make applica- Under certain
tion to the auditor to have his claim liquidated and figned as aforefaid, the faid officer refinfll0ns-
or foldier fo making application, fhall make affidavit and fubferibe the fame in the
prefence of the auditor, who is hereby authorized to adminifter fuch oath, that he
hath well and faithfully ferved his time agreeably to his enliftment, that he did not
ferve as a fubititute, and that he hath received no compenfation for his fervice there-
for, which affidavit, together with another to the like effect, made by the captain of
the applicant or other officer of the line, fhall be received by the auditor, and filed
in his office.
• III. And be it further enabled, That the auditor fhall, previous to iffuing his certi- What vouchers
ficate to any non-commiffioned officer or foldier as aforefaid, demand and receive from neceflaT'
them
47o DIGEST OF THE
A. D. I792» them two certificates, the one from the colonel of the regiment, ftating that fuch
No. 471. non-commiffioned officer or foldier hath faithfully ferved his time agreebly to the
terms of his enliftment, and one other from the keeper of the magazine or officer
commanding the company in which fuch non-commiffioned officer or foldier ferved,
that fuch officer or foldier had given up or reftored the public arms ; on which vouch-
ers the auditor is requefted to iffue his certificate as under the former act, any law
to the contrary in any wife notwithftanding.
In cafes of death IV. Provided always, and be it further enabled, That in all cafes where any officer
their heirs or re- or f0Uierha3 departed this life, who would have been entitled to receive a certificate
preventatives r * .
entitled. under this act, that' fuch certificate mall be given to the heirs or legal reprefentatives
of fuch deceafed officer or foldier.
Col ArmftronT V. And be it further enabled, That James Armftrong, Efq. be allowed his pay as a
allowed bis pay colonel in the firft regiment of State troops for the time he ferved in the fame ; and
liquidate his ao tnat tne auditor be, and he is hereby authorized and required to audit his accounts on
counts, the neceflary vouchers being produced, and give a certificate for the amount thereof.
WILLIAM GIBBONS, Speaker of the Houfe of Reprefentatives.
BENJAMIN TALIAFERRO, Prefdent of the Senate.
EDWARD TELFAIR, Governor.
December 1 7, 1 792.
No. 47a. if» Ael to appoint commiffioners for the towns of Frederica and Brunf-
ivick, in the county of Glynn.
Commiflioners %• H3 ^ '* enabled by the fenate and houfe of reprefentatives of the State of Georgia in
appointed for JL3 general affembly met, and by the authority of the fame ; That James Spalding,
Frederica and John Braddock, Raymond Demere, John Palmer, John Burnett, John Piles, Mofes
Brunfwick; the Burnett, Samuel Wright, and William Williams, be and they are hereby appointed
furveyed. commiflioners* for the towns and commons of Frederica and Brunfwick, who, or a
majority of them, fhall have powers after giving three months notice in the gazette,
to furvey or caufe to be furveyed, the faid towns of Frederica and Brunfwick as
The plans to he near as poffible to the original plan of furvey 5 which furvey, when fo made, (hall
recorded. ^e recor(jeci ;n the furveyor general's office, and alfo in the office of the furveyor of
the county of Glynn.
Empowered to H« And be it further enabled, That the faid commiffioners or a majority of them*
fell the vacant {^z\\ have power to fell at public vendue, at fuch times and places as they {hall think
proper, all or any of the vacant lots in, the faid towns. ; (except fuch as were origi-r
nally referved for the public ufe) firft giving four weeks public notice of fuck fale
The mome? a- or fales ; and the monies arifing therefrom fhall be applied under the direction of
riling to be ap- t^e (v^j commiffioners to the building and fupport of an academy in the county of
the academy of Glynn, and to no other purpofe whatever, except fo much as may he neceflary for
©lynrj county, defraying the expence of furvey ing and laying out the faid towns.
hi;
* So much of this ad as relates to the appointment of commiflioners, repealed,, and others appointed by,
a<& of 1796,, No. SS9'
LAWS OF GEORGIA. 471
III. And be it further enabled, That nothing herein contained fhall affect the right A- tA- x792-
or title of any perfon or perfons claiming or holding a lot or lots within the faid &£*^£amvm
towns, as laid down in any former legal plan thereof. "na^er an>' foime1'
IV. And be it further enabled, That all and every act or parts of acts which Certain acfts re-
refpects the furveying or laying out the town of Frederica, and alfo the act, entitled r[ca andBrunf-
" An act to appoint commiffioners for the town of Brunfwick in the county of Glynn," wick repealed
palled at Augufta, the firft day of February, one thoufand feven hundred and eighty-
eight, be and the fame is hereby repealed.
WILLIAM GIBBONS, Speaker of the Houfe of Reprefentatives.
BENJAMIN TALIAFERRO, Prefdent of the Senate.
EDWARD TELFAIR, Governor.
/ December 17, 1792.
An AH for <vefing certain powers in the commiffioners of the court No- 47 j-
houfe and gaol in the county of Chatham, and for other purpofes
therein mentioned,
I. 1 \ E it enacted by the fenate and houfe of reprefentatives* in general affcmbh met. Commiffioners
W mi ■ n i f* , , , r , i r i -rr r 1 of the court
%J lhat it ihall and may be lawful to and for the commiihoners 01 the court houfe an(j gaoi
iioufe and gaol of the faid county* or a majority of them, together with the juftices ofChatham em-
1 • r • r 1 -rr i -n powered tojffuc
of the inferior court of the faid county, or a majority of them, to lflue bills of bills of credit.
credit to be redeemed by fines and forfeitures of recognizances, ordered arjid taken to How to be re-
the fuperior and inferior courts of the faid county, and the tax to be levied on the deemed-
inhabitants and property in the countv as aforefaid.
II. And be it further enabled. That the commiffioners of the court houfe and gaol Authorized to
of the faid county, or a majority of them, together with the juflices of the inferior l^yahd totoiild
court of the faid county, or a majority of them, ihall be, and they are hereby au- a poor houfe.
thorized to levy a tax* on all perfons and property within the faid county liable to
pay tax, not exceeding the one eighth part of their general tax for each year, while
and until they ihall be enabled fully to repair the faid court houfe, build a new gaol,
poor houfe and hofpital as aforefaid.
WILLIAM GIBBONS, Speaker of the Houfe of Reprefentatives.
BENJAMIN TALIAFERRO, Prefdent of the Senate.
EDWARD TELFAIR, Governor.
December \ 8, 1 792.
* So much as relates to county tax repealed hy adt of 1796, No. 555. Scd que.
An Acl to revife and amend an aSl for afcertaining the fees of public No- 474.
officers of this State.
I. ?3 E it enabled by the fenate and houfe of reprefentatives of the State of Georgia in Fees of the pub*
,1. 3 general ajjembly met, and by the authority of the fame, That the fees of the
. different
472
DIGEST OF THE
A. D. 1792. different public officers herein after mentioned, may be by them refpe&ively received,
No. 474. as follows :
GOVERNOR'S FEES.
Governor's fees- For figning a grant for five hundred acres or under, four millings and eight pence.
For figning a grant above five hundred acres, and not exceeding a thoufand acres,
nine (hillings and four pence.
On all grants above one thoufand acres, at and after the rate of nine {hillings and
four pence for every thoufand acres therein contained.
Ordering the great feal of the State to any paper of a private nature, four millings
and eight pence.
Which fums (hall be paid into the treafury for public ufe, before any fuch grant
or other paper is figned by the governor.
SECRETARY OF STATE'S FEES.
Secretary of For a grant of land and preparing and affixing the feal thereto, if five hundred acres
or under, four {hillings and eight pence ; if above five hundred acres,, nine
(hillings and four pence.
For regiftering a grant, two (hillings and four pence.
For a bond, two (hillings and four pence.
For a teftimonial with the great feal, feven (hillings.
For every fearch, feven pence*
For every militia commiffion, to be paid for by the public, two (hillings and four
pence.
Preparing and.counterfigning a dedimus poteJlatemy two (hillings and four pence
Entering fatisfa£tion on every mortgage, one (hilling and two pence.
Drawing and engioffmga proclamation, four (hillings and eight pence.
Fixing the great feal of the State to any other paper, four (hillings and eight pence.
For a certified copy of a grant or other paper, per copy fheet,, three pence half-
penny.
SURVEYOR GENERAL'S FEES.
Surveyor gene- For examining a plat, two (hillings and four pence.
Ia-J For recording a plat, not exceeding five hundred acres, three millings and fix pence j
if exceeding five hundred acres,, feven (hillings ; if exceeding a thoufand acres,
fourteen (hillings.
Recording a plan of a town, townfhip or village, forty-fix (hillings and eight pence..
Tranfrnitting a caveat to the governor,, and attending thereon, four (hillings and.
eight pence.
A certified copy of an original record, three (hillings and fix pence.
A certified copy of an original warrant, two (hillings and four pence.
A fearch, feven pence.
Recording and iffuing. a certificate of a town lot, two (hillings and four pence.
COUNTY SURVEYOR'S FEES.
County furvey- Surveying a town lot and returning a certificate thereof to the furveyor general's,
or' office,, four (hillings and eight pence*.
Surveying
2/ 6
2
z 6.
SJV
. 7 ^
^ ^ •• #
LAWS OF GEORGIA.
u
f
4
<f
9
^
z~
4^
7/
"■r
473
Surveying a traft of land of or under one hundred acres, twelve {hillings and fix A, D. 1791*
pence. No- 4?4'
Each hundred acres after the firft, two (hillings and fix pence.
Makin°- a plat, recording, advertifing and tranfmitting the fame to the furveyor-
general's office, four (hillings and eight pence.
Enrering a caveat, advertifing and giving a certified copy thereof, feven (hillings ;
attending trial of the fame, three millings and fix pence 5 each poftponement,
two (hillings and four pence, to be paid by the perfon poftponing the fame.
Recording judgment, and giving a certified copy thereof, two (hillings and four
pence.
Entering an appeal, and giving a certified copy thereof, four (hillings and eight pence.
For a re-furvey of land by order of court, of or under one hundred acres, twelve
(hillings and fix pence, for the firft one hundred acres ; for every hundred
acres after the firft, two (hillings and fix pence.
For making and certifying a plat thereof, and tranfmitting the fame, four (hillings
and eight pence.
And for any other re-furvey, the fame as aforefaid.
SHERIFF'S FEES, in civil cafes.
Forferving a copy of a procefs, and returning the original, feven (hillings ; if more sheriff— in civil
than one defendant for each additional copy ferved, two (hillings and four pence. ca ei'
Levying execution on the body or property, feven (hillings.
Summoning each witnefs, two (hillings and four pence.
On all fums where the execution does not exceed fifteen pounds, five per centum, on
the amount of property fold; on all fums above fifteen pounds, and where the
execution does not exceed one hundred pounds, two and a half per centum ; on
all fums where the execution exceeds one hundred pounds, one per centum ,•
and that no commiflion (hall be demanded, where property is not actually fold.
Making out and figning a bill of fale of other property, four (hillings and eight
pence : Provided^ That fees (hall be allowed only for one bill of fale, where
the fame will be fufficient to convey the property fold to one perfon or joint
purchafers ; unlefs the purchafer or purchafers, (hall choofe more than one.
Conducting a debtor under confinement before a judge or court, four (hillings and
eight pence. »
Summoning a jury to try a caveat, and attendance, four (hillings and eight pence.
Summoning a fpecial jury, and all other fervices, attending trial of an appeal, four
(hillings and eight pence.
For a bail bond, four (hiilings and eight pence.
Making out, and executing titles to land, fourteen (hillings, (if wrote by the pur-
chafer, four (hillings and eight pence.)
SHERIFF'S FEES, in criminal cafes.
For re-committing of any perfon, when a habeat corpus is brought to his relief, four Sheriff—in cri-
(hillings and eight pence.
O o o Summoning
474
DIGEST OF THE
A. D. 1792. Summoning a jury, four {hillings and eight pence.
No. 474. On every copy of a mittimus, one (hilling and two pence.
For every mile a prifoner (hall be removed on a habeas corpus, one milling and two
pence.
For removing a prifoner by habeas corpus, when no mileage is paid, per day, four
millings and eight pence.
Executing a criminal, thirty-feven {hillings and four pence.
Attending a perfon, taken by a warrant, to the judges' chambers, three {hillings
and fix pence.
Conducting a prifoner before a judge or court to and from gaol, four (hillings and
eight pence.
Executing a warrant of efcape, three {hillings and fix pence.
Each mile to ferve the fame, two pence.
Executing and returning a bench warrant, four (hillings and eight pence.
Each mile to ferve the fame, two pence.
Putting a perfon in the (locks, two (hillings and four pence.
For whipping, cropping or branding a criminal, four (hillings and eight pence.
Apprehending a perfon fufpecled, if committed or held to bail, four (hillings and
eight pence.
For each perfon, not exceeding two, who may be employed to guard a prifoner to
gaol, per day, four (hillings and eight pence.
GAOLER'S FEES.
Gaoler. _ Receiving a prifoner or debtor, two (hillings and four pence.
Turning the key or difcharging a prifoner in virtue of a habeas corpus, or by order
of the court, judge or juftice, two (hillings and four pence.
Dieting a prifoner per day, allowing two pounds of bread, one and a half pound o£
beef, or one pound of pork, with a fufficiency of water, all wholefome provi-
fions, one (hilling and nine pence.
Turning the key on commitment of any perfon, two (hillings and four pence.
Dieting negroes, allowing one quart of riee or corn meal per day, feven pence.
NOTARY PUBLIC'S FEES.
Notary public Yox every proteft and oath included, not exceeding fixteen copy (beets of ninety
words, nine (hillings and four pence.
Adminiftering an oath in any other cafe, one (hilling and two pence.
For each attendance on any perfon, to prove any matter or thing as notary public
and certifying the fame, two (hillings and four pence.
Every other certificate, one (hilling and two pence.
Noting a proteft, four (hillings and eight pence..
Regiftering a proteft, per copy fheet, one fixteenth of a dollar..
Copy of a proteft, per copy fheet, one fixteenth of a dollar.
CORONER'S FEES.
Coroner. Jor fummoning an inqueft on a dead body, and returning the inquifition, forty-fix
Shillings and eight pence. For.
LAWS OF GEORGIA.
475
For providing a coffin, and burial expences, fourteen fliillings. A. D. 1792.
In all other cafes, the fame as the Sheriff. No. 474.
REGISTER of PROBAT's FEES.
Receiving application and granting citation, four (hillings and eight pence. Reglfterof pro-
Signing a warrant of appraifement, two (hillings- and four pence.
Signing the probate of a will, four fliillings and eight pence.
Recording a will or other paper, per copy (heet, three pence half-penny.
A certified copy of a will or other paper, per copy Sheet, threepence half-penny.
Receiving an appraifement and recording the fame, if under one hundred dollars,
two fliillings and four pence ; if above one hundred dollars, four fliillings and
eight pence.
Receiving an application and granting letters difmifTbry, four fliillings and eight
pence.
Granting citation, to (hew caufe why administration fliould not be repealed or Set
afide, nine fliillings and four pence.
For granting letters of administration, or letters teStamentary, nine fliillings and
four pence.
For entering a caveat againft administration being granted, or will proven, four fliil-
lings and eight pence.
For every marriage licenfe, four (hillings and eight pence.
Attending judges for determining a caveat, per day, four fliillings and eight pence.
FEES of the GOVERNOR'S SECRETARIES.
A copy of any paper, not exceeding two copy flieets, one (hilling and two pence- Governor's fe-
A copy of any paper, exceeding two copy fheets, feven pence per copy (heet.
Adminiftering an oath of office to any perfon where the profits thereof amounts to
upwards of twenty-five pounds per annum, and giving a certificate thereof,
four fliillings and eight pence.
Certifying a copy or extract, one (hilling and two pence.
For entering a teftinionial, one (hilling and two pence.
FEES of the ATTORNEY-GENERAL.
Drawing a capias againft a perfon indicted and not bound over, or againft a perfon Attorney gene-
prefented by a grand jury, one fliilling and two pence.
Drawing a capias againft a defaulting juror, iwo fliillings and four pence.
Drawing an indictment againfta a perfon presented by the grand jury, and bound
over, four fhilli.igs and eight pence.
Entering a noli pyofequi, feven pence.
Attending at judges chambers, to take the affidavit of any perfon, in criminal cafes,
four fliillings and eight pence.
Drawing an affidavit, or any other instrument of writing, per copy (heet, -three
pence half-penny.
For a fubpoenam. criminal cafes, one Shilling and two pence.
Retaining fee againft perfons indicted, fourteen (hillings..
TREASURER'S
47<5
DIGEST OF THE
A. D. 1792. TREASURER'S FEES.
No. 468. por every fearch, feven pence.
Treafurer. ^n ex'tra£t, two {hillings and four pence.
ATTORNEY'S FEES.
Attorney. On each caufe commenced and tried in the fuperior or inferior courts, eighteen
{hillings and eight pence.
On each appeal profecuted to judgment, except appeals from a juftice's court, eigh-
teen {hillings and eight pence.
Where the defendant prevails, to receive the fee in lieu of the plaintiff's attorney.
JURORS and WITNESSES' FEES, in civil cafes.
jurors and wit- To the petit jury for each caufe tried,, to be paid by the plaintiff, and taxed in the
ueffes* fees in ^m 0f co{]-j four {hillings and eight pence.
Special jury for each appeal tried, to be paid by the appellant, and taxed in the bill
of coft, four {hillings and eight pence.
To each witnefs per day, for his or her attendance, and for coming and returning-,,
allowing thirty miles for a day, not allowing for more than three witnefTes, to
be paid by theperfon fummoning the fame, and taxed m the bill of cofts, three-
{hillings and fix pence ; the witneffes to have the fame allowance in criminal
cafes, where the perfon profecuted is found guilty.
CLERK's FEES, in criminal cafes.
Clerk's fees in Every writ and feal, one {hilling and two pence,
criminal cafes. Every pannel of a jury, one {hilling and two pence.
Order for fine on a juror, (unlefs excufe made) and entering the fame, one {hilling
and twO pence.
Ordering a fine peremptory, entering and reading, one milling and two pence.
Copying the fame for the attorney-general, one {falling and two pence.
Fee on a writ of capias and feal, one {hilling and two pence.
The clerk's attendance in hearing a motion in arreft of judgment, or at the judges,
chambers on a petition preferred, or a habeas corpus, or to take the examination
or information of any perfon, three {hillings and fix pence.
Taking an examination, information or affidavit, per copy meet, one fixteenth part
of a dollar.
Drawing a warrant, one milling and two pence.
A commitment or liberate, one {hilling and two pence.
Taking an acknowledgment of bail before the judge, or in court, and drawing re-
cognizance thereof, two {hillings and four pence.
Every fubpeena ticket, feven pence.
Every indictment, if the criminal be found guilty, two millings and four pence.
Every arraignment, or charging a defendant with indictment, if found guilty, one
{hilling and two pence.
Entering a plea, feven pence.
Calling a jury, feven pence.
Clerk's
LAWS OF GEORGIA. 477
Clerk's attendance on every caufe tried, one fhilling and two pence. A. D. 1792.
Every fentence or judgment, and entering the fame, one {hilling and two pence. No, 474.
Copy of every indictment or other paper, four pence.
Copy of judgment to the (herifF, and order thereon, one milling and two pence.
Calling a traverfe or difcharging a recognizance, one (hilling and two pence.
Recording the proceedings of a caufe, per copy meet, one fixteenth part of a dollar.
Every perfon acquitted by proclamation, one (hilling and two pence.
Every fearch, feven pence.
A writ of deditnus poteftatem, four (hillings and eight pence.
Renewal of capias, one (hilling and two pence.
FEES OF THE CLERK, in the fuperior ccurt> in civil cafes.
Every fuit commenced therein, if fettled before judgment, and each non-fuit, feven ©lerks of the
(hillings. fuperior courts,-
0 in civil cales.
For each copy of a writ, where there are more than one defendant, after the firft
n -it- 1 c
copy, two (hillings and lour pence.
Every fuit fo commenced and profecuted to judgment, including every fervice to
entering up fatisfaction, fourteen (hillings.
For each appeal, if fettled before verdi£t, four (hillings and eight pence.
For each appeal profecuted to judgment, including every fervice to entering up fatis-
faclion, nine (hillings and four pence..
For every writ of fubpoena and ticket, feven pence. .
For a writ of partition of land, fourteen (hillings-
For ifluing a commiflionlo examine witnefFes, four (hillings and eight pence.
For making out letterslT^J;uardian(hip and taking fecurity, four (hillings and eight
pence.
For every order for the fale of land, and copy thereof, two (hillings and four pence.
Recording any inftrument of writing, per copy {heet, one fixteenth part of a dollar.
Each fearch, feven pence.
A certified copy of any record, per copy (heet, three pence half-penny.
For every foreclofure of mortgage and recording proceedings, four (hillings and
eight pence.
Every enquiry of title refpecYing property levied on by the (herifF and claimed by a.
third perfon, four (hillings and eight pence.
For every tavern licenfe, including every fervice therein four (hillings and eight
pence.
CLERK of the INFERIOR COURT.
For each caufe fettled before judgment, and each appeal to the fuperior court,, feven clerk of the in*
(hillings. ferior court-
For each copy of a writ where there are more than one defendant, after the firft
copy, two (hillings and four pence.
Each caufe commenced therein and profecuted to judgment, not appealed from,
including every fervice to entering fatisfaction, fourteen millings.
For
478 DIGEST OF THE
A. D. 1792. For fubpcena tickets, cemmifiions and letters of guardianfhip and enquiries refpect-
No- 474- ing property claimed, non-fuits and any other fervice performed, the fame
fees as allowed to the clerk of the fuperior court. .
Each appeal profecuted to judgment from a juftices' court, four {hillings and eight
pence, if fettled by the parties, two {hillings and four pence, including every
fervice to entering fatisf action.
FEES to the CLERK of the HOUSE of REPRESENTATIVES, and SECRE-
TARY of the SENATE.
Ckrk of the jror every extract of a private nature, three pence half-penny per copy fheet.
houfe of rerre _, .r . ' - ' .,,. ,
fentatives, and for certifying an extract 01 a private nature, one lmihng and twopence.
fecretary of the jror an a(fj-} pafTed for the benefit of an individual, or to incorporate a private fociety,
nine millings and four pence.
FEES of a CONSTABLE.
Confhble. Serving a warrant, fummons or attachment in civil cafes, one (hilling and two penee*
Returning the fame, and attending the juftices' court, one milling and two pence.
Summoning every witnefs, one milling and two pence.
Levying an execution and advertifing the fale, one milling and two pence.
For felling, to fatisfy an execution from a juftice, five per centum on the amount of
the debt.
For attending grand jury, for each bill found, to be paid by the delinquent, one
{hilling and two pence.
Serving a warrant in criminal cafes, four (hillings and eight pence.
For carrying a prifoner to gaol, two pence per mile.
For keeping and maintaining a prifoner, before examination, not exceeding twenty-
four hours, one (hilling and nine pence.
FEES of the POWDER RECEIVER.
Powder receiv- Every barrel of powder of one hundred pounds weight, lodged in the public maga-
zine, and delivered out, to be paid by the owner, one {hilling and nine pence ;
and in proportion for any other quantity.
The puohc not ft ^j j.e -( further enabled* That none of the fees herein before fet down or
accountable for J ...
fees in cafes of expreffed, (hall in any cafe (gaolers fees for dieting prifoners, and coroner's fees for
in^certai'n^rafes fummoning an inqueft, and returning an inquiiition, and providing a coffin and burial
of gaolers.coro- expences of a perfon found dead, and the fheriff's fees for executing a criminal,
excepted) be charged to the public, for or on account of any inability in the perfon
who ought to have paid the fame.
Public officers III. And be it further etiacled, That every public officer and perfon herein mea-
fla'ti-ments ofVC ti°ned, or their deputy or agent, and every perfon ailing as fuch, fhall, if thereunto
their fees. required, be obliged to give a (tatement of the fees demanded, and a receipt for the
fame to any perfon paying any lawful or pretended fee er fees of office, claimed by
and paid to any fueh public officer, or perfon herein before mentioned, his deputy
or agent, or perfon ading as fuch, under pain that every public officer, or perfon
herein
LAWS OF GEORGIA. 479
herein before mentioned, his deputy or agent, or perfon acting as fuch, fhall fcr A. D. 1792.
every neglect or refufal, forfeit the fum of twenty-five (hillings, with cofts of fuit, penSjVm-ltWft
to be fued for, recovered and applied in manner herein after direct ed. Provided a'~ v'™*it\* '■'
ways neverthelefs, Thai; all fuitsand actions which fhall be brought or commenced by Suit to Uiu-oug^t
virtue of this act, mall be inftituted before the end of twelve months 5 and not *' """" '" '""'' "
otherwife.
IV. And be it further enacted, That if at any time after the pafiing of this act, To forfeit four
any public officer or perfon herein mentioned, or his deputy or agent, or any perfon f'.'!d lor 0VtE
acting as fuch, fhall under pretence of any matter or thing done, tianfacted or per-
formed by any fuch public officer or perfon, or his deputy or agent, or any perfon
acting as fuch, demand any other or greater fee than is fet down in the table hereunto
annexed, every fuch perfon fo offending fhall, for every fuch offence, forfeit and
pay fourfold to the party aggrieved, for the fum fo unjuftly demanded or taken, to
be recovered with cofts of fuit, before any juftice of the peace. Provided, the fum
does not exceed his jurifdiction, or in any court of record within this State.
V. And be it further enacled, That every public officer or perfon herein named, Tables of fees
and every deputy, agent or perfon acting as fuch, fhall within ninety days afcer the t<jJj % "J in
paffing of this act, caufe a true and exact copy of the table or docket of his fees, as
the fame is eftablifhed by this act, fuch table or docket to be in fair words and figures,.
without any abbreviations, except fums, to be placed up, and to be conftantly kept
in a confpicuous part of the room or place where he fhall ufually execute thebufinefs
of his office or employment, under pain of forfeiting two millings and four pence Penalty for neg-
for each day's neglect of fixing up the fame. le<a:-
VI. And be it further enacled, That in cafe any public officer, or any perfon herein Officers fued
before mentioned, fhall be fued or profecuted for, or bv reafon of any fee of office 'nay rec,'ver
1 1 l- ~> n 11 1 • r r i , } " • ' double CoitS.
whatever, and verdidt lhall be given for fuch public officer or other perfon ; or if the
plaintiff or profecutor fhall difcontinue fuch fuit or profecution, or fnall be non-
fuited, then fcich public officer or other perfon fhall recover double cofts.
VII. And be it further enaBed, That all fines, penalties and forfeitures, incurred Fines & forfeit-
under and by virtue of this act, fhall be recovered, by adion, in the fuperior or lires ho^ t0 bT
■ r ■ -i 11 ./I,., r recovered and
inferior courts, without any delay ; and fhall be applied, one moiety to the ufe of applied.
the State, and the other to the perfon or perfons carrying on the profecution to the
conviction of the offender ; except fuch as come within the jurifdiction of a juftice
of the peace, and except alfo thofe forfeitures, which are declared payable to the
party aggrieved.
VIII. And be it further enacted, That any public officer, who fhall charge or take Pe. fins oyeiVi.arg-
fees not allowed by this act, fhall on conviction thereof, be difmiffed from office. SmS""'"
IX. And be it further enacled, That the State fees in the executive department ll%lTZTbT'
may be paid in the paper medium of this State. Paid • >» p^" me-
J L l l ciiuin.
X. And be it further enacled, That the clerks of the courts refpectively fhall clei^s how t0
make a return on oath, of the fees collected on behalf the State, defoliating the S heretofore..
paper medium from the fpecie, received by them previous to the paffing of this act, coll^ed-
and lhall fettle with the treafurer agreeably thereto.
480
DIGEST OF THE
A. D. 1792. XL And be it further enacted, That any public officer, who fhall prefume on any
No. 474- pretence whatever, to charge, demand or receive fees for fervices not done or per-
fhtginafSr- formed, every fuch perfon fo offending fhall forfeit and pay to the party aggrieved
vices not done r f0jj t^e fum f0 illegally charged, demanded or received, and lhall be immedi-
t > forfeit four 'old ° ' °
and be difmife'. ately difmiifed from office.
no cotu allowed XII. And be it further enacted, That no juftice or juflices of the peace fhall tax
W^'jTte any cofls for the attendance of witneffes in any cafe tried before him or them.
peace# WILLIAM GIBBONS, Speaker of the Houfe of Reprefentatives*
BENJAMIN TALIAFERRO, Prefident of the Senate.
EDWARD TELFAIR, Governor.
December 18, 179-2'-
No. 475- An AB to revifey amend and confolidate the federal judiciary acls of
this State.*
I, "f3 E it enabled by the fenate and houfe of reprefentatives of the State of Georgia in general
Two judges of 3 ajfembly met, and by the authority of the fame, That from and immediately after
the fuperior ^ Daipirig 0f tlais act, two fit and proper perfons duly qualified fhall be elected judges
cojrtto ...ec- ^ ^e fuperior courts, which judges fhall, before they enter on the duties of their
refpeclive offices, take the following oath or affirmation, to wit,
Their oath. « I do folemnly fwear or affirm, that I will adminifter juftice without refpect to
" perfons, and do equal right to the poor and to the rich ; and that I will faithfully
" and impartially difcharge and perform all the duties incumbent on me as a judge
" of the fuperior courts of this State, according to the beft of my abilities and under-
" (landing, and agreeable to the laws and conftitution of this State and the confti-
" tution of the United States. So help me God"
To hold court II. And be it further enaBedy That the judges of the fuperior court, or one of them,
twice a year in ^all hojd ^ ^ COUrts in each county twice in every year, at the refpe&ive times
TheTimeffor and in the manner following, to wit, on the fir ft Tuefday in January, in Camden *
holding the the Tuerday after jn Glynn ; the Tuefday after in Liberty ; the Tuefday two weeks
fpedive ' coun- after in Chatham ; the Tuefday two weeks after in Effingham ; and the Tuefday
tks# after in Burk ; the aforefaid counties fhall be the Eaftern diftrift. And the faid
courts fliall be held on the firft Tuefday in January in Wafhington ; the Tuefday after
in Greene •, the Tuefday two weeks after in Franklin ; the Tuefday after in Elbert ;
the Tuefday after in Wilkes ; the Tuefday two weeks after in Columbia ; and the
Tuefday after in Richmond ; the aforefaid Iaft counties fhall be the weftern diftrict.
In cafeofindif- And when from indifpofition of either of the judges of the fuperior courts the fame
pofition of ei- cannot be held in manner as aforefaid, it fhall and may be lawful for the governor for
govrernorgemay the time being, to iffue a commiffion to fome fit and proper perfon, being a barrifter
appoint afit per- f ^ faid CQ authorizing and requiring fuch perfon to hold the fame during the
Ion to hold trie * ° 1 <_> * ' <».■
courts. indifpofition
* Revifed and amended by aft of 1793, No. 500; and both repealed by aft of i7S>6> No. 574-
LAWS OF GEORGIA.
indifpofition of the judge wlio may be Tick, or until the end of the circuit for which
he fhall be appointed ; and the perfon fo appointed fhall receive for his fervices four
dollars per day, which perfon, before he enters on the duties of fuch appointment,
{hall take the oath prefcribed to the judges of the fuperior courts, and fhall have the
fame power and authority.
III. And be it further enaBed, That the mode of proceeding in all civil caufes in the
fuperior and inferior courts mall be by petition and procefs, and no plea, demurrer
or rejoinder mail be admitted or allowed of in either of the faid courts : And in all
cafes wherein demurrers are now filed, or iffues in law made up, the fame mall be
fubmitted to a jury on the merits of the caufe, without refpecl to the pleadings here-
tofore had ; and if either of the parties are not prepared to proceed to trial on the
merits of the caufe, the court fhall, upon fufficient caufe being fliewn upon oath,
"rant a continuance thereon until the next term ; and the faid petition and procefs
{hall be fufficient to carry the merits of the caufe before a jury ; which petition fhall
contain the plaintiff's charge, complaint, allegation or demand, plainly, fully and
didinclly fet forth, and be figned by the party or his attorney : And no writ, petition,
return, procefs, judgment or other proceeding in civil caufes fhall be abated, arretted,
quafhed or. reverfed for any defect or want of form, or for any clerical miftake, or
omiffion not affecting the real merits of the cafe ; but the judge prefiding fnall caufe
the fame to be amended on motion in court without any additional coil, and proceed
to give judgment according to the right of the caufe and matter in law, as fhall appear
unto faid judge, without regarding any imperfections, defects, want of form, clerical
miftake, or omiffion in fuch writ, return, procefs, petition, judgment, or caufe of
proceeding whatfoever : And all caufes in the faid courts fliall be managed by counfel
or the party or parties themfelves, under fuch order as the courts fhall eftablifh.
IV. And be it further enafled by the authority aforefaid> That the faid fuperior court
{hall have full power and authority to hear and determine, by a jury of twelve men,
all pleas, civil and criminal, and all caufes of what nature or kind foever, according
to the ufages and cuflom of courts of law and equity (except fuch as are hereby re-
ferred to inferior jurifdicHon) on the days and times before mentioned, and fhall
confifl of at leaft one or more judges : And that it fliall and may be lawful for the
faid judge or judges to proceed with a jury on petition or bill directed to the faid
judges in all difputes of a civil nature, cognizable by original jurifdicHon in the
faid court, for any debt or damages, or any fum of money above five pounds ; but
the plaintiff or his attorney fhall not be at liberty to fign judgment within four days
after verdict, within which time the party againft whom fuch verdict fhall pafs, upon
giving fecurity, may flay the execution fixty days after the end of the court j but all
the property of the defendant fliall neverthelefs, be bound' from the day of figning
judgment, which {hall bear interefl until paid, and in cafe either party fliall be
diffatisfied with the verdict of the jury, that then, and in fuch cafe, either party may,
within the fpace of four days after the adjournment of the court, in all cafes enter
an appeal in the clerk's office, which fhall be admitted, and a new trial granted,
and tried the next term by a fpeci'al jury. Provided, The perfon or perfons fo ap-
P p p pealing
A. D. 1792.
No. 475.
How mi id 1 to be
allowed for tlie
lame.
To be f>vorn 'in
like manner ns the
judge?, and fhall
have die fame
powers.
Tl e mode or pro-
reeding in civil
calt-s in the fupe-
rior and inferior
courts, fhall be by
petition and pro-
eels; no plea, de-
murrer etc. fhall
be admitted.
Caufes now depen-
ding lhall be lub-
niitted to a jury on
the- merits, without
refpecl: to the plea-
dings.
Caufes, how to be
continued.
The petition and
procefs fuflicient
to carry the merit!
of the catile before
a jury ; what to
contain; to be fign-
ed by the party or
his attorney.
Want of fi rm, cle-
rical miflakes, etc.
not to affect the
proceedings in any
civil canle.
The judge prefid-
ing fliall caufe the
fame to be amend-
ed on motion with-
out additional cofts
and proceed to
give judgment.
All caufes fhall be
managed by cocn-
fel, or the parties
under fuch rules as
the courts fliall
eftahlifh.
The fuperior court
fhall hear and de-
termine by a jury,
pleas, civil arid
criminal, etc. ac-
cording to the ufa-
ges ana rufiom of
courts of law, and
equity.
May proceed with,
a jnrvon petition,
or bill in all dif-
putes of a civil na-
ture above 5I.
Judgment fhall not
be iigned within 4
days after verdict ;
within which time
fecurity may be en-
tered and executi-
on Rayed on daj's.
The pi opt' rrvot the
defendant fhall be
bound from the
dav of figning
judgment, which
fhall b< ar interefl
until paid.
Appeals may be en-
tered in the clerk's
ofuVe within 4 davs
after adjournment,
Provifo.
482
DIGEST OF THE
A. D. 1792.
No. 475.
All colls incurred,
to be firft paid and
fecurity given.
No executor or ad-
ministrator, liable
to give fuch ftcu-
rity.
In frivolous ap-
peals, the jury may
aflcfs damages for
the delay.
Mis-trial ; in what
tales.
The court may in
certain cafes exer-
cife all the powers
of a court of equi ty ,
for the difcovery of
reiuilite points etc.
To be fuumitted to
a fpecial jury,
whole verdict mail
he final.
Confeffion of
judgments fha!l
not be entered
■without procla-
mation.
Caufes, when to
be difmiffed —
fhall not be de-
pending more
than four terms.
Special jurors to
be taken from
the grand jury
lift — in what
manner 10 be
ilruck.
.Special jut era
oath.
pealing (hall, previous to obtaining fuch appeal, pay all coft that may have arifen on
the firft triaj, and give fecurity for the eventual condemnation money ; and that no
executor or adminiftrator, as fuch, fhall be liable to give fuch fecurity j but if, on
hearing fuch appeal and new trial, it fhall appear to the judge or judges, and he or
they fhall certify that the appeal was frivolous or intended for delay only, then fuch
judge or judges, fhall direct the jury trying the appeal, caufe to aifiefs damages to
the party aggrieved for fuch delay. And in cafe of a jury committing contempt, or
breaking up before giving in their verdict in civil cafes, the judge may declare the
fame to be a mis-trial ; and if any cafe or matter in difpute requires equitable inter-
pofition, and a common law remedy is not adequate, the judge prefiding fhall exer-
cife all tlie powers of a court of equity, competent to compel the party defendant in
a caufe to difcover, on oath, all requifite points necelTary to the investigation of truth
and jujlice ; which proofs, when obtained, fhall be fubmitted to fuch fpecial jury,
whofe verdict fhall be final, and execution thereupon may be iffued.
V. And be it further enabled, That no confeffion of judgment fhall be hereafter en.
tered up, unlefs the faid confeffion be made under proclamation, in open court, and
where the juftice of the fame fhall appear to the fatisfaction of the judge or juftices
of the faid court.
VI. And be it further enabled, That no caufe inftituted in the fuperior courts fhall
be difmified before the laft day of the term, or then, unlefs the plaintiff fhall refufe
to try the fame ; neither fhall any caufe, inftituted as aforefaid, be fufFered to lay
over, or be depending more than three terms, unlefs very fpecial caufe be fhewn,
by affidavit of the party applying, to put off" the caufe, to induce the judge prefiding
to lengthen or protract the time, which fhall not in all extend to more than four
terms.
VII. And be it further enabled) That all fpecial jurors fhall be taken from the grand
jury lift of the county, and ftruck in the prefence of the court, in the following man-
ner : The clerk fhall produce a lift of the grand jurors prefent, and there impannel-
led, from whom the party, plaintiff or defendant, or their attorney, fhall ftrike out
one until there fhall be but twelve jurors left, who fhall forthwith be impannelled
and fworn as fpecial jurors, to try the caufe •, and in all cafes the appellant fhall
ftrike firft; and in cafe of refufal in either to ftrike fuch fpecial jurors, after due
notice given for the purpofe and proof thereof, the judge before whom fuch notice
is given for fuch fpecial jury to be impannelled, fhall, on behalf of fuch abfent party
or his attorney, proceed in the fame way and manner as if the party abfent or refufing
had been prefent, or confented to do the fame.
VIII. And be it further enabled. That the fpecial jurors fummoned to try caufes in
the fuperior court fhall, before they enter upon their duty as fuch, feverally take the
following oath or affirmation, as the cafe may be :
" That I will well and truly try the caufe now pending between A. B. plaintiff,
and C. D. defendant, and a true verdict give according to equity and the evidence
produced to me, to the beft of my {kill and knowledge, without favor or affection
to either party. So help me God."
IX.
a
a
(t
LAWS OF GEORGIA. 483
IX. And be it further enabled, That the judges of the faid fuperior courts fhall be, A',P' II^2"
and they are hereby vefted with full power to regulate the proceedings in the faid ^na^eCtarrt-a«
courts, and make and eftablifh all neceffary rules for the orderly conducting of bufi- j^vf^'owe ° w^ji
nefs therein according to law, and fhall have power to adminiiler all neceffary oaths "j^'oathfand put
or affirmations, and to punifh by ufual fine and imprifonment, at the difcretion of ul^fi"^'^^™*
the judge or judges prefiding, all contempts of authority in any caufe or hearing Prifonment»
before the faid court.
X. Andbe it further enabled, That the clerks of the feveral courts fhall, before they Oathtobetaken
enter upon the execution of their office, take the following oath or affirmation before y s'
one of the judges or the juftices of the faid court, to wit :
" I do folemnly fwear (or affirm) that I will truly and faithfully enter and record
" all the orders and decrees, judgments and proceedings of the fuperior or inferior
" courts for the county of and all other matters and things which may be
ff brought to me as by law ought to be recorded, and that I will, faithfully and im-
'* partially, difcharge and perform all the duties of my faid office according to the
" beft of my abilities and underftanding. So help me God." And that the clerks of The minutes to be
., n 11 1 • r Ggn^'by the court
the fuperior and inferior courts fhall keep regular and fair minutes and dockets of before adjoum-
. \ r 1 • • • merit, from clay to
all court bufinefs, which fhall be figned by the prefiding judge or judges on the bench t|a>- .
as far as the fame may be gone through, prior to the adjournment from day to day, The clerks mail
. .. .. £>ve bond and le-
and fhall give bond, with two fecurities to the governor or commander in chief, and cunty to the s,>-
« ° vernor, in ioool.
his fucceffors in office, in two thoufand pounds, for his good conduct while in office, each-
which bond fhall be depofited in the public treafury. — That all writs and procefs, of Writs and other
what nature or kind they may be, ifluing out of the courts fhall be drawn, if required, ^Iffued • exe-
iffued and figned by the clerk of each court refpe£tively, and bear teft in the name of Cl!ted and re~
one of the judges of the faid courts, returnable to the next fucceeding term, and be
executed by ferving a copy of the fame on the defendant or defendants, or leaving fuch
copy at his or their ufual or notorious place of abode, at leaft twenty days before the
day therein mentioned for the return thereof, and be directed to the fherifF of the
county where they are to be executed, except in cafes of execution which fhall be Executions to be
directed to all and fingular the fherifFs of the State, figned by the clerk, bear teft as £Znre^artkeafhfl
aforefaid, and may be levied on the eftate both real and perfonal, or iiTued againft the riffs, &c.
perfon of the party caft, in any county of this State, and the fame may be continued
until the amount thereof is fatisfied.
The remainder of this and thefeclions omitted, relate only to juries*
XVII. And be it further enacted, That the fherifFs of the feveral counties fhall attend Sheriffs — their
the fuperior and inferior courts when fitting in the refpeclive counties, and by them- P°'/crs u ut?'
felves or deputies, execute throughout the counties all writs, warrants, precepts and
procefTes directed to them, and iiTued under the authority of any judge of the faid
fuperior court, or clerk of the courr ; and the faid fherifF or his deputies fhall have
power to command all neceffary afiiftance in the executions of their office, and to
appoint, as there fhall be occafion, one or more deputies ; and before the faid fherifFs Severally to give
enter on the duties of their office, each of them fhall be bound, for the faithful exe- ^n /fooo"^
cution and performance of the fame, by himfelf and his deputies, before any one of
. the
\
484 DIGEST OF THE
A. D. 1792. the faid judges, to the governor of the faid State for the time being, and to hisfucceflbrs
No. 475- in office, jointly and feverally, with two good and fufficient fecurities, inhabitants and
freeholders of the county, to be approved of by one or moreof the judges of the fuperior
court, or the juftices of the inferior court, in the fum of five thoufand pounds: And the
faid bond (hall remain in the clerk's office of the county for which fheriffs are appointed,
and may be fued for by order of the faid court, for the fafisfaction of the public, and
all private perfons aggrieved by the mifconduct of the faid fheriffs or their deputies :
Oath to be And the faid fheriffs refpectively, fhall take the following oath before either the judge
tacen y t em. ^ juftices of the court, and the fame fhall be recorded in the office of the faid court
before they enter on the duties of their office, to wit : " I do folemnly fwear, or
" affirm, that I will faithfully execute all writs, warrants, precepts, and proceffes
" directed to me, as the fheriff of the county of and true retuvns make ;
" and in all things well and truly, and without malice or partiality, perform the du-
" ties of the office of fheriff of the county of during my continuance in
" office ', and take only my lawful fees. So help me God." And an oath to the fame
purport fhall be taken in like manner by each of the deputies of the faid fheriff.
in cafes wherein XVIII. And be it further enabled, That in all caufes wherein the fheriff of either
deput/is intereft- of the faid counties or his deputy fhall be a party, or intereiled therein, the writs,
t<» fe directed to precepts and proceffes fhall be directed to the coroner of the county ; and the faid
ferved by him. coroner is hereby authorized to execute and return the fame ; and in cafe of the death
how to^adl Tii °f either of the faid fheriffs, his deputy or deputies fhall continue in office, unlefs
cafe of fheriffs otherwife fpecially removed, and fhall execute the fame in the name of the deceafed
until another fheriff be appointed and fworn, and the defaults and misfeafance in office
of fuch deputy or deputies in the mean time, as well before as after the death of fuch
fheriff, fhall be adjudged a breach of the condition of the bond given as before directed
by the fheriff who appointed them ; and the executor or adminiftrator of the deceafed
fheriff fhall have the like remedy for the defaults and misfeafance in office of fuch
deputy or deputies, during fuch intervals, as they would be entitled to if the fherifF
had continued in life, and in the exercife of his faid office until his fucceffor was ap-
pointed and fworn.
Sheriffs failing, XIX. And be it enabled- by the authority aforefaid, That the fheriff for each county
the^fucMffors0 ma"j at ^e expiration of his office, turn over to the fucceeding fheriff, by indenture
all procefs &c. and fchedule, all fuch writs and proceffes as fhall remain in his hands unexecuted,
unexcuted: how innit 1 1 r i • '/- «■<•-*/*■■•/»■'«-/•?(.
liable— fhall al. wno mail duly execute and return the fame ; and m cafe any fheriff fhall refufe or
fo deliver up the neglect to turnover fuch proceffes in manner aforefaid, every fuch fheriff io neelect-
cuftody, of the . . ' °
gaol and bodies i"g or refufing fhall be liable to make fuch fatisfaction, by damages and cofts to the
of pnfoners. party aggrieved, as he, fhe or they fhall fuliain, by fuch neglect or refufal ; and the •
faid fheriff fhall alfo deliver up to his fucceffor the cuftody of the gaol, and the bodies
of fuch perfons who fhall be confined therein, and the caufe of their detention.
The officers of XX. And be it further enacted by the authority aforefaid, That the fheriffs of the feve-
hke' pnwers^nd ra* counties in this State, fhall have the like powers and authorities, and they and their
fuhject to ink under fheriffs and gaolers, conftables and other officers belonging to the court, be
&win like man- c , . ,-. ,' ;,' ,', rL. _'■. , .......
ner as hereto- lubject and liable to all actions, fuits, fines, penalties and difabihties whatfoever,
fore- which
LAWS OF GEORGIA. AS5
which they or either of them may incur, for or in refpect to the efcape of prifoners, A. D. 1792.
or for or in refpe-£l of any other matter or thing whatfoever, relating to, or concern- No' 47J-
ing their feveral or refpe£tive offices, in the fame manner as they have been hitherto
liable by the laws of force in this State : And no clerk of the court, fheriff, under Shall not a<5l as
fheriff, fheriff' s clerk, or other fherifFs officer ihall act as an attorney in his own attorpey^ or
' 7 ' • . plead m court,
name, or in the name of any other perfon, or be allowed to plead or practice in any
of the courts of this State during the time he is in fuch office.
XXI. And be it further enabled, That no injunction on any judgment obtained in the No injunction
fuperior or inferior courts fhall be ifTued or allowed of j but in all cafes where exe- menTiiaUtfe'if-
cution {hall iffue illegally, on matter which fhall have arifen fubfequent to judgment, f>1Cfl-
or the fheriff lhall execute property claimed by any perfon other than him againfl anion '&° hi ms
whom fuch execution iffued, in which latter cafe it fhall appear by the oath of the to property exe-
perfon fo claiming, or by the oath of his attorney, it fhall be the duty of the fheriff tried.'
to poftpone the fale or further execution of the judgment, until the next adjourned
court or term of the fuperior court, which ever may firfl happen ; and fuch court
fhall itfelf determine on the illegality of the execution, and fhall caufe the right of
property to be decided on by a jury at fuch court, if in term time, or at the next,
court thereafter if fuch report be made at an adjournment court.
XXII. And be it further enaBed by the authority afore/aid, That the fheriff fhall be Sheriffs, when-
liable, either to an action on the cafe, or an attachment for contempt of court, at J* attachment'1'1
the option of the party, wherever it fhall appear that he hath injured fuch party, either for contempt.
by falfe returns, taking infufficient bail, or by neglecting to arreft the defendant, or
to levy on his property, or to pay over to the plaintiff or his attorney the amount of
any fales which fhall be made under or by virtue of any execution.
XXIII. And be it further enabled, That no fuit (hall be inflituted, nor execution Stay of proceed--
ifTued aeainft any executor or adminiftrator, for any debt or demand due or owing ing? 1 a months, ..
*> ' > 1 o jigamit the ef~
from a teftator or inteftate, until the expiration of twelve months from and after the tatesofdeceafcd;
death of fuch teftator or inteftate j and where fuits have been brought againft fuch tef- Per ons-
tator or inteftate, and depending within any of the courts of law in this State at the
time of his or her death, the fame fhall remain undetermined until the time limited
as aforefaid fhall expire.
XXIV. And be it further enacted, That in cafe of mutual debts and fets off, where Sets-ofF..
the jury fhall find a balance for the defendant, the defendant fhall be at liberty to enter
up judgment, and take out execution thereupon : Provided, Notice of fuch fet off, be.
ferved on the plaintiff or his attorney on or before the laft day of the firft term.
XXV. And be it further enacted, That no fales in future fhall be made by fherifFs, Sheriffs fales to-,
of property taken under execution, but on the firft Tuefday in every month.. And d^°" irv
it fhall be the duty of the fherifFs of the different counties in this State, to give thirty month; inwhatt
days notice in one of the public gazettes of all fales of lands by him executed, and adveniXed!
advertife the fame in three of the moft public places in the county where fuch fales
are to be made, and fhall give a full defcription of the property, to be fold, making
known the name of the defendant, and the perfon who may be in the poffeffion of the
property, except horfes, hogs and neat cattle, which may be fold at any time by m^bel&tany
fUa time by defendants
UIC confent.
aZS
DIGEST OF THE
A.D.
No.
1792.
475-
Writs of habeas
corpus may be
granted by jus-
tices of the in-
ferior court.
County officers
guilty of extor-
tion &c. how to
be profecuted.
Superior courts
empowered to if*
(tie al! nectffjry
writs for tlie exer-
cife ot tlieir jurif-
dii3ion, agreeably
to tiie principles
and nlages of law
and equity.
Witncffes, in
what cafes may
be examined on
interrogatories
by commiffion.
Parties, how to
be compelled to
produce books
and other necef-
fary papers.
The clerks may
in certain cafe%
adjoutn the Su-
perior or inferi-
or courts.
the confent of the defendant, and in which cafe it fhall be his duty to give the plain-
tiff five days notice thereof.
XXVI. And be it enaaed by the authority afore/aid, That from and immediately
after the palling of this aft, the juftices of the inferior court, or any one of them
in each county, may, in the abfence of the judges of the fuperior court, grant a
writ of habeas corpus in the fame manner, and under the fame regulations as a judge
of the fuperior court is empowered to do: And in all caufes not capital, fuch
juftices may difcharge, admit to bail, or remand to gaol a prifoner at his difcretion,
according to law and juftice ; but in all cafes of a capital nature, it fhall be neceffary
that one or more juftices of the faid county court do aflbciate with fuch juftice
granting the writ of habeas corpus at the return thereof, and that, a majority of the
faid juftices do concur in opinion.
XXVII. And be it further enacled, That if any fheriff, clerk or other county
officer fhall be guilty of extortion, or other mal-pradice in the execution of his
office, upon complaint made upon oath to the attorney or folicitor-general, it fhall
be the duty of fuch attorney or folicitor-general to exhibit a bill of indidmeait againfl:
the perfon fo offending, who, upon conviaion thereof, if for extortion, fhall be
fined and removed from office, and fuffer fuch other punifhment as the law'dire'as.
XXVIII. And be it further enabled, That the faid fuperior courts fhall have power
to iflue writs of fire facias, mandamus, habeas corpus, and all other writs which may
be neceffary for the exercife of their jurifdidion, and agreeable to the principles
and ufages of law and equity. And where any witnefs refides out of the State, or
out of any county wherein his teflimony is required in a caufe in the county wherein-
fuch witnefs does not refide, it fhall be lawful for either party, plaintiff or defendant,
or his attorney, on ten days notice given to the adverfe party or his attorney, to*
obtain a commiffion from the clerk of either court, directed to certain commiflioners
to examine all and every fuch witnefs or witneffes, on fuch interrogatories as the
parties may exhibit, and fuch examination fhall be read at the trial of the caufe if
either party fhall fee fit.
XXIX. And be it further enacled, That the faid courts fhall have power in the trial
of all caufes, on motion and due notice thereof being given, to require the parties
to produce books or writings, in their poffeffion or power, which contain evidence-
pertinent to the caufe in queftion, and under circumftances where they might be
compelled to produce the fame by ordinary rules of proceedings in equity. And if
a plaintiff fhall fail to comply with fuch order to produce books or writings, it fhall
be lawful for the faid courts, on motion, to give like judgment for the defendant as
in cafes of non-fuit ; and if the defendant fhall fail to comply with fuch order to
produce books or writings, it fhall be lawful for the faid courts, on motion as afore-
iaid, to give judgment againfl: him or her by default.
XXX. And be it further enacled, That in cafes of unavoidable accident if the
find courts or any of them fhall fail to be held at the times refpedively appointed
for holding the fame, the proceedings fhall not be diicontirrued, but the clerk of the
faid
LAWS OF GEORGIA. 487
faid courts refped-Hvely (hall and may adjourn the faid fuperior or inferior courts from A. D. 1792.
day to day, not exceeding four days, until the faid court fhall meet •, and in cafe No« 475.
the faid courts fhall not meet and fit in that time, the clerk of the court as aforefaid,
fhall adjourn the fame to the next court, to which time all caufes then depending
fhall be continued over.
XXXI. And be it further enabled, That the faid feveral courts fhall be courts of The faid courts
rr- rr- «i 1" l " r 1 flla" 1)e courts °t
record, and all witneffes neceffanlv going to, attending on, and returning from the record, whiiefi
'. . . 0 . to be free from ar-
fame, fhall be free from all arrefts in any civil1 action. reft.
XXXII. And be it further enabled, That the office of attorney-general fhall be, Attorney & fo-
and is hereby declared to be in commiffion, and the duties thereof fhall be perform- th^d^t"6™ '
ed by two perfons, to be ftyled the attorney and folicitor-general, one to attend the
eaftern and the other the weftern diftri£t, who fhall execute the functions of their
office jointly or feveraliy, and (hall be fworn or affirmed to the faithful execution of
their office •, and it (hall be their duty, or one of them, to profecute all delinquents
for crimes and offences cognizable under the authority of the faid courts, and all
civil actions in which this State fhall be concerned j and to give his or their advice
and opinion, in writing, to his excellency the governor,, on queftions of law in which
the State may be interefled.
XXXIII. A?id whereas, it may happen that, the attorney or folicitor-general for
the State cajanot attend at-fome of the faid courts to prepare and profecute indictments
for criminal offences, Be it therefore enacted, That in cafe the attorney or folicitor- In cafes of their
general, or one of them, fhall not attend any of the faid courts, then, any barrifter ^""court may'
or attorney at law, or other fit perfon, may prepare and profecute indictments, or appoint fome fit
civil actions in which the State is a party, by leave and appointment of the judges per on ° ac '
of the faid court, and be allowed the fame fees for his trouble therein as the attorney
or folicitor-general would be entitled to.
XXXTV. And be it further enacted, That in all cafes where bail fhall be required, Bail — howtobc
the amount of debt or damages {hall appear, by the oath of the plaintiff or plaintiffs,
or his or their agent or agents, before any juftice of the peace, which fhall be lodged
in the clerk's office and be filed of record, and a copy thereof fhall be affixed to the
original and copies of the procefs, and thereupon the fheriff fhall take a bail bond,
with fufficient fecurity, for the appearance of the defendant or defendants, at the
court to which fuch writ or procefs may be returnable ; and if the defendant or
defendants fhall not appear agreeably to the tenor of the faid bond, or to enter fpe-
cial bail to anfwer the action, and to pay the condemnation money thereof, it fhall
be the duty of the fheriff, on application therefor, to indorie or make an affignment ACIgnment of,,
of the bail bond to the plaintiff or plaintiffs, who may recover the amount of the bond'
debt fworn to, with legal intereft, by action of debt, founded on the. fame, againft
the principal and bail: Provided, That the faid bail, on paying coft, fhall be at Provifb.
liberty to enter fpecial bail, at any time before trial, but no imparlance, advantage Suc^ bajl ma^
' r ' i ' ' V '• ° ' on payment 01
or delay fhall be had or taken thereupon, but the proceedings thereon fhall be made cofts, enter lpc-
" 1 \\ "1
up immediately, and come on in the fame courfe and order as fuch action on the "e^dingstooc&e-
bail . in.
483
DIGEST OF THE
A.D. 1792.
No. 47J .
Rules of court,
how to be made.
The fuperior
courts — in what
manner to pro-
ceed indifcover-
ing transactions
between copart-
ners,compelling
diflxibution of in-
teftates' eftates etc.
All matters refpec-
ting the fame, to
be fubmitted to a
fpecial jury.
Appeal may be en-
tered and tried be-
fore anothei fpecial
jury, which (liall be
final.
Mortgages — in
what manner to
be foreclofed.
Bonds, notes, and
other liquidated
demands, fur mo-
ney or fpecific arti-
cles, to be of eqml
dignity, and negp-
ciable by indorse-
ment.
Provifo.
The negociabililv,
liowtobereihain'd
bail bond flood on the docket of the court, and the proceedings againft the fpecial
bail fhall be in the form now ufed in the courfe and practice of the faid courts re-
fpeetively.
XXXV. And for the more fpeedy determination and orderly conducting of all
caufes in the fuperior courts, Be it enabled, That the judges, together with the
attorney or folicitor-general, fhall frame and agree upon a fdt of rules of proceedings
and practice for all parties, practitioners and others in the faid courts, which fhall be
the fame in all the faid counties, and which fhall in no cafe be altered, but at a
meeting of the faid judges, attorney or folicitor-general as aforefaid.
XXXVI. And be it further entitled, That the fuperior courts fhall, in all cafes re-
fpecting the difcovering tranfactions between co-partners and co-executors, compel-
ling diftribution of inteitate eftates, or payment of legacies, be competent to fuftain
a fuit by bill and proceedings therein, until the fetting down the caufe for hearing:
Such fuperior courts (ball then fubmit the merits of the fuit, with the evidence thereon,
which in all cafes fhall be given viva voce in court, (or otherwife within the lulesof
the common law) and all matters refpecting the fame, to a fpecial jury, who ihall
give their verdict on the fame ; but if either party (hall be difiatisfied with fuch
verdict, an appeal may be entered in the clerk's office within ten days after trial,
when a hearing of fuch caufe fhall again be held before another fpecial jury, and
fuch trial fhall be final and conclufive.
XXXVII. And be it further enabled by the authority aforefaid, That the method of
foreclofing mortgages in this State fhall be as follows: The perfon or perfons entitled
to foreclofe a mortgage, or his or their attorney, fhall petition the fuperior court of
the county wherein fuch mortgaged property may be, ftating the cafe, and the
amount of his, her, or their demand, and defcribing fuch mortgaged property ;
and the court fhall grant a rule, that the principal, intereft and coft be paid into
court within twelve months thereafter ; the rule fhall be publifhed in one of the
public gazettes of this State, or ferved on the mortgager or his attorney, at leaft
nine months previous to the time when the money is directed to be paid; and unlefs
the principal, intereft and coft be fo paid, the equity of redemption fhall be from
thenceforth foreclofed. In cafe of any difpute, as to the amount due on any mort-
gage, the court fhall, on application, appoint one or more fit perfons to audit
and liquidate the fame, with the liberty of an appeal thereon, or the fubmiffion
of any other matter refpecting the fame to a fpecial jury, who fhall be taken from
the grand inqueft as in other appeals, whofe decifions fhall be final.
XXXVIII. And be it further enabled, That all bonds and other fpecialties, and all
promifTory notes and other liquidated demands, bearing date at any lime after the
paffing of this act, whether for money or fpecific articles, fnall be of equal dignity,
and be hereafter negociable by indorfement, and may be fued by the indorfee or
affignee, on his, her or their names, any law to the contrary notwithftanding.
Provided, That nothing herein contained fhall prevent the par.y giving any bond,
note, or other writing, from reftraining the negociability thereof by any words
inferted
LAWS OF GEORGIA.
4*9
inferted therein expreflive of fuch intention. *And no verdict fhall be received on
any unliquidated demand, wherein the jury have increafed their verdict on account
of intereft, nor fhall intereft be given on any open account in nature of damages.
XXXIX. And whereas, the conftftution authorizes the eflablifhment of courts of
an inferior jurifdiction ; Be it further enabled, That in every county within this
State a court fhall be held once in every fix months, which courts fhall be called the
inferior county courts, and fhall be held and adminiftered by the firft five juftices
mentioned in the commiffion of the peace, or any three of them, who fhall have
full power and jurifdiction to hold the faid county courts, and to hear and determine
all caufes and other matters and controversies properly appertaining and referred by
law to their jurifdiction.
XL. And be it further entitled, That if the bufinefs of the faid court cannot be
determined on the court days, the juftices may fit from day to day, until all the caufes
not poltponed by confent or for fufiicient reafon, are tried and determined ; (Sundays
excepted) and all caufes and controversies then laid before them, which cannot be
heard and determined within that time, fhall be adjourned over until the next infe-
rior county court. Provided, That the juftices fhall have power to make fuch ad-
journment as they think proper to go through the neceffary bufinefs of the court;,
and that the faid juftices or any three of them fhall have full and concurrent jurifdic-
tion with the fuperior courts in all civil cafes whatfoever ; and where any caufe tried
and determined in the inferior courts of the refpective counties fhall be above five
pounds, then an appeal fhall be admitted to the fuperior court, and therein tried at
the next fucceeding term, unlefs fpecial caufe is fhewn to induce the judge or judges
to poftpone the fame to the fecond term, after fuch appeal may be depending therein:
And the time of holding fuch courts fhall be in the counties of Camden. and Wafh-
ington on the fecond Tuefday in March and September, annually ; the Tuefday after
in Glynn and Greene; the Tuefday after in Liberty and Franklin ; the Tuefday
after in Elbert ; the Tuefday after in "Wilkes and Chatham ; the Tuefday two weeks
after in Effingham and Columbia;, the Tuefday after in Burke ;. and the Tuefday
after in Richmond.
XLI. And be it further enacted, That the feveral juftices -of the refpective counties
in all cafes cognizable before them, fhall have the fame power to hold to bail, as by
this act is given in cafes commenced in the fuperior or inferior courts. -
XLII. \And be it further enabled, That it fhall and may.be lawful for, any judge or
juftiee of the peace,, upon complaint made to him upon oath by any perfon, that his
Q^q q debtor
* Here, we believe, commenced trie doctrine of open accounts orunh'quidated demands, bearing no intereft
)B this State. On the contrary it appears that intereft has always been claimed on. fuch contracts and uniformly
allowed in our courts until this period. How far this act can conftitutionaliy be fuffcred to " impair the obliga-
tion of contrails," by a retrofpective operation, belongs to another department to determine : And it is to be
regretted that decifionss in the t-tate courts, on this point, have varied.
According to the uniform decifion of the federal courts, the citizens of this State are bound to pay intereft
to citizensof other States and to foreigners, on all fuch contracts; and, this practice appears to be functioned
as well by the common law as an exprefs llatute of our own. See act of 1759, No. 46. It might therefore be
afked upon what principle can the citizensof this State be denied the right of recovering like intereft, of each.:
other, on any contract entered into prior to the date of this act. .'
•(•-Repealed by act of 1796, No. 574.,
A. D. 1792.
No. 475.
Inferior or coun-
ty courts, to be
held twice a-
year in each
county, by the
firft five juftices
or any three of
them.
Maybcfidesthe:
court days, fit
from day to day
'til the bufinefs
thereof be fin-
ifiied.
Provifoi
The juftices miy ■
make fuch ad-
journments as tlity
think proper.
Their jnrififi&ion.
Appeals fhall be
allowed, to the
fuperior court.
The time for
holding the in-
ferior courts in*
the reflective--,
counties, .
May hold to bail
in like manner-
as the fuperior
court.
Attachments, in
what manner to
be iffucd.
49o DIGEST OF THE
A. D. 1792. debtor is removing out of the State privately, or abfconds and conceals himfelf, or
No. 475. ftands in defiance of a peace officer fo that the ordinary procefs of law cannot be
Proceedings * , ' jj? e. L.' 1
thereon. ferved upon him, to gi-ant an attachment agamft the eftate of fuch debtor, or fo
much thereof as fhall be of value fufficient to fatisfy the debt and cofts of fuch
plaintiff, which attachment (hall be returnable, if the fum fworn to by the plain-
tiff be under the fum of five pounds, to any juftice of the peace j and if above that
fum, to either the fuperior or inferior court of the county where the fame was iffued,
and fhall be directed to, and ferved by the fheriff of the county or his deputy, or to
any conftable legally appointed, and it fhall be lawful for fuch fheriff, his deputy or
a conftable, to ferve and levy the fame upon the eftate both real and perfonal of
the party abfeonding, wherefoever the fame fhall be found, either in the hands of
any perfon or perfons indebted to, or having effects of the perfon abfeonding, and to
fummon fuch perfon or perfons to appear at the next court to be held for the faid
county, and to which the faid attachment is returnable, there to anfwer upon oath,
what he, fhe or they are indebted to fuch party, and what effects of fuch party,
he, fhe or they, hath or have, in his, her or their hands, or had at the time of
ferving fuch attachment, which being returned executed, the court may thereupon
compel, by order, fuch perfon or perfons, to appear and anfwer as aforefaid : Pro-
vided, That every judge or juftice of the peace, before granting fuch attachment,
fhall take bond and fecurity of the party for whom the faid attachment (hall be iffued,
in double the fum to be attached, payable to the defendant, for fatisfying and pay-
ing all cofts that fhall accrue to the defendant in cafe the plaintiff fuing out fuch at-
tachment therein mentioned, fhall difcontinue or be call in his fuit ; and alfo all
damages, which fhall be recovered againft the faid plaintiff, for fuing out fuch
attachment ; which bond, the judge or juftice fhall return to the court, to which the
attachment is returnable, on or before the laft day of the term, and the party enti-
tled to fuch coft and damages, may bring fuit and recover j and every attachment
iffued without fuch bond taken, or where no bond fhall be returned as aforefaid, is
hereby declared to be illegal and fhall be difmiffed with coft. Provided always. That
every attachment, which may be iffued as aforefaid, fhall be attefted and publicly
advertifed at the court houfe of the faid county, at leaft thirty days before the fitting
of the next court, to which fuch attachment is made returnable, and if any attach-
ment fhall be fued out within thirty days of the next court, the faid attachment
fhall be made returnable to the next court to be held after the expiration of the faid
thirty days, and not 'btherwife ; and all attachments iffued and returned in any other
manner than that herein before directed, fhall be and the fame are hereby declared
Goods, chattels, null and void ; and all goods, chattels, lands and tenements fubject to fuch attach-
tached; how re- ments fhaH be replevuble, by appearance and putting in fpecial bail, or by the defen-
pleviable. dant's giving bond, with good fecurity to the fheriff or other officer ferving the fame,
which bond the fheriff or other officer is hereby empowered and required to take,
compelling the defendant to appear at the court to which fuch attachment fhall be
returnable, and to abide by and perform the order and judgment of fuch court ;
iProvifo. Provided always, That all goods and effects attached and not replevied as aforefaid,
where
LAWS OF GEORGIA. 491
where it mall appear to the court that the fame are of a perifhable nature, on motion A**^ 1793-
of the plaintiff or his attorney, the court may, and they are hereby authorized and Goods of a pe-
required to order a fale of fuch periftiable property ; and that the monies arifing „ay be f0ij by,
from fuch fale, (hall by the fheriff or other officer felling the fame, be depofited in order of court,
the clerk's office, to anfwer the demands of the plaintiff if the fame (hall be efta-
blifhed, and the balance, if any there be, after fatisfying the plaintiff's demand and
all coft, (hall by order of the faid court be returned to the defendant or his attorney.
XLIII. And be it further enafied, That if any attachment returnable to the fuperior Goods &c. at*
or inferior courts of any county, or before a juftice of the peace, {hall be returned tached, and not-
executed, and the goods and effects attached (hall not be replevied as aforefaid, the proceedings
fubfequent proceedings thereon {hall be the fame as an original procefs againil the t ereon*
body of the defendant where there is default of appeaiance; and all goods and
chattels, lands and tenements, attached and not replevied after the plaintiff fhall ,
have eftabliftied his demand, {hall by order of the court, be fold and difpofed of,
for, and towards the fatisfac~tion of the plaintiff's judgment, in the fame manner as
if the fame had been taken under execution ; and when any attachment fhall be when attached
returned ferved, in the hands of anv third perfon, it fhall be lawful upon his or her M1-1?6 iarn
' 4 r ' r tmrd penons— — -
appearance and examination in the manner by this aft before directed, to enter up what proceed- -
judgment as againil the original debtor, and award execution againft every fuch third ul*=s
perfon for fuch monies as may be due from him to the abfconding debtor, fuch effects
as may be in the hands or keeping of the faid third perfon, belonging to fuch debtor
or fo much thereof as will be of value fufficient to fatisfy the judgment and coft of .
the plaintiff's attachment.
XLIV. And for the more fpeedy recovery of fmall debts, Be it enacted, That the Juftkesjurifdic- -
juftices of the feveral counties or any one or more of them, {hall have authority and ce^dV/lkHins"
jurifdiction to hear and determine all fuits for any debtor liquidated demands due by
judgment, fpecialty, or account for any fum or fums of money, not exceeding five
pounds fterling, by fummons or warrant, without the folemnity of a jury. Provided, Provifa.
no juftice being a judge of the inferior court, or clerk of courts, or attorney, being
a juftice, fhall try any warrant, or give judgment thereon in any civil cafe whatever.
And the faid juftice or juftices is, and are hereby authorized to give judgment and?
award execution thereupon : Provided neverthelefs, That the party caft, may ftay the Pfovifo.
levy of an execution for forty days, or obtain an appeal to the next inferior court by flayed'"" days ..re-
payment of coft, and giving fecurity^ within four days after judgment. That no :. -|?thl inferior^
juftice of the peace fhall hold any juftice's court, or pafs any judgment (except by. bfTofts^ndtI!vfng''T
confent of parties) at any other or more timas than one day in each month, within n. juftice -fliaii
his diftrict, which day fhall be in the option of the faid juftice to appoint*, and no than 1 day m each .
. n- n n 1 1 1 1 i 1 • i-i r month, which he
juftice lhall hold court, but at the place mentioned in the warrant or iummons j ., may appoint. -
which fummons or warrant fhall be ferved four days before the day of trial • And all mentioned in the
, _......' warrant etc. War-
warrants or fummons' which doth not exprefs fuch place of holding court, fhall be rants to be fervent
r *> g days before trial.
confidered as void, and may be reverfed by the inferior court of the county ;;. and where there is no .
where there is no juftice refiding within a diftric"t, in fuch cafe the defendant may . triatrial* where ■.■
have his trial before the next neareft juftice. in fome other diftrict. .
XLV. .
1©2
49
DIGEST OF THE
A. D. 1792.
No. 475.
In diftrefs for
rtnf — replevins,
how to be grant-
ed.
Provifp.
Sales under ex-
ecutions of juf-
tices' courts-
how to be made.
The moqey to
be paid into the
parties hands.
Difputes refpec-
ting property
executed — how
to-be tried.
Sheriffs, clerks etc.
now in office: how
long to continue ;
in what manner to
be elected thereaf-
ter.
When elected,
how long to
hold their re-
spective offices.
Provifo.
Vacancies to be
filled by thegover-
nor until the next
general election.
All acts heretofore
made, fofarasre-
i'pects the appoint-
ment of the laid of-
ficers, repealed.
Repealing claufe.
XLV. And be it further enacted, That in all cafes where diftrefs for rent, or rent
arrear {hall take place, no replevin fhall be granted without oath is made by the
perfon or perfons applying for the fame, that he, fhe or they are not indebted to the
perfon fo making diftrefs. Provided, That nothing in this claufe contained, (hall
debar the perfon or perfons fo applying for a writ of replevin, to bring fuit againft
fhe perfon levying the diftrefs, in any court of this State, for or on account of ille-
gality therein.
XLVI. A?id be it further enaEted by the authority aforefaid, That where property
mail be executed by any conftable under the authority of an execution ifTued by any
juftice of the peace, fuch conftable fhall give public notice, by advertifement at the
ufual place of holding courts in fuch juftices' diftricl, at leaft ten days before fuch
fale, and all monies arifing from fuch fale fhall be paid into the hands of the faid
juftice by the conftable, in five days thereafter, under the penalty of ten pounds :
And it fhall be the duty of the faid juftice to pay the amount of the judgment to
the party obtaining fuch execution ; and if any overplus fhall remain from fuch fale
after fatisfying fuch judgment, the fame fhall be returned to the party defendant in
the atYion : And where any difpute may arife touching property executed as aforefaid,
it fhall be the duty of faid juftice to iffiie his fummons to three freeholders of the vi-
cinage, whofe duty it fhall be to attend, and after being fworn, well and faithfully
to try the iffue in difpute, to decide thereon.
XL VII. And be it further enabled, That the fherifFs, clerks of the courts, coro-
ners, county furveyors, and regifters of probates now in office, fhall continue in
their refpecTive offices until the firft Monday in October next, at' which time the
electors of each county fhall, at the time of their ballotting for members to repre-
fent them in the State legiflature, vote for a fheriff, clerks of the courts, coroner,
county furveyor, and regifter of probates :* The fherifFs to hold their office for the
term of two years, if they fhall fo long well behave themfelves, and until a fucceffor
be duly qualified; but no perfon fhall be twice chofen or appointed fheriffin any term
of four years : And the faid clerks, coroners, county-furveyors, and regifters of pro-
bates fo elected, fhall hold their refpe£tive offices during the term of two years.
Provided, That in cafe of death, resignation, or removal out of the county of either
of the aforefaid officers, his excellency the governor fhall fill up fuch vacancy until
the next general election for the county, when another fhall be elected inftead of the
perfon fo, deceafed, refigned, or removed out of the county as aforefaid. And all
afts, claufes, or parts of acts heretofore made refpec^ing the appointment of the
faid officers, fhall be, and the fame are hereby declared to be repealed.
XLVIII. And be it further enabled, That all former afts for regulating the judiciary
departments of this State, be, and they are hereby repealed.
WILLIAM GIBBONS, Speaker of the Houfe of Reprefentatives,
BENJAMIN TALIAFERRO, President of the Senate,
EDWARD TELFAIR, Governor.
December 18, 1792.
* See ad of .1796. No. 572, Refpefting the election of thde officers.
An
LAWS OF GEORGIA.
4 93
An Acl to protecl the ejlates of orphans, and t-o make permanent provi- A. D. 1792-
[ion for the poor, °* 4/u"
'ITTTHEREAS there is no law in this State which fufficiently points out the Preamble.
yy manner in which the eflates of deceafed perfons fhall be afcertained, and
the duties of executors and adminiftrators prefcribed, whereby orphans and others are
infured in their juft rights ; for remedy whereof,
I. Beitenatledbythefenateandhoufeofreprefentativesofthe State of Georgia in general Ena<5le.d.
affembty met, That every executor and adminiftrator (hall annually, whilft the eilate Executors and
fhall remain in his or their care or cuftody, on the firft day of January, or within ten to ^ouM^in-
*days thereafter, render to the regifter of probates in the county in which they ob- rurally, on ift
tained probates of will or letters of adminiftration, a juft and true account upon oath with-^ht regif-
of the receipts and expenditures of fuch eftates the preceding year, which, when ter of probates,
examined and approved, (hall be deposited, with the inventory and appraifement, or
other papers belonging to fuch eftate, in the faid office, there to be kept for the in-
fpection of fuch perfons as may be interefted in the faid eftate, and that no charge
fhall be made for fuch fearch and infpection by perfons interefted.' And if any exe- Or lofe the'r
cutor or adminiftrator foall negdect to render fuch annual accounts, he fhall not be [oni\rnij',ons: &
b _ ' be liable to wit.
entitled to any commiffions for his trouble in the management of the faid eftate; and
fhall moreover, be liable to be fued for damages by any perfon or perfons interefted
in the faid eftate. And in all cafes wherein probate of will or letters of adminiftra-
tion have been at any time heretofore obtained, and letters difmilTbry have not been
had thereupon, every fuch executor or adminiftrator fhall, within twelve months
after the paffing of this a£t, render into the regifter of probate's office, in the county
wherein the faid probate of will or letters of adminiftration have been obtained, a juft
and true account upon oath, of the receipts and expenditures of fuch eftate for the
time that he or they hath, or have had the charge, care or cuftody of the fame;
and in cafe fuch executors or adminiftrators fhall neglect to render fuch accounts
fairly ftated, together with a copy, of the feveral vouchers to eftablifh fuch accounta,
fuch executor or adminiftrator fhall not be entitled to any commiffions for his trouble
in the management of fuch eftate, and fhall moreover, be liable to be fued for damages
by any perfon or perfons interefted in the faid eftate ; and in fuch feveral cafes of neg-
lect, the charge of commiffions fhall not be admitted in any court of record in this
State. And in cafes where any perfon fhall die teftate, and appoint an executor or Thefuperior
executors to his will, againft which executor or executors there fhall be any charge corhplSnL'com-
of neglect or mal-practice, by any dcvifee, legatee or creditor, that the fuperior pf1 executors to
court fhall hear and determine fuch charge and complaint; and if the judge of fuch &ive ecun ?•
court fhall determine in favor of the application, then, and in fuch cafe, the judge
of the court fhall order and direct, that the executor fo complained of, fhall give
fecurity in the difcretion of the court, for the faithful execution of the truft.
II. And be it further enacled by the authority aforefaid, That when any will fhall be Eftates — when
proved, or application is made for adminiftration of any perfon dying inteftate, the *°d & appraifed]
regifter fhall direct the executors or adminiftrators to make out an exact inventory of
the
494
DIGEST OF THE
A. D. 1792.
No. 476.
Shall tro'tbe con-
> lufive evidence
of the v^lue.
Letters of admi-
niitration with
the will annex-
ed— in what
cafes to be gran-
ted &.$..*■
Perfons detain-
ing a will, liable
to fine and im-
prisonment.
Oath to betaken
byexecutors and
administrators,
with the will
annexed.
;>uch adminif-
trator to give
bond and Secu-
rity.
Form of the
ftondition.
the perfonal eftate of the deceafed, and fhall appoint three or more refpectable free-
holders, who fhall appraife the fame on oath ; which inventory and appraifement
fhall be returned within three months into the regifter's office 5 and every appraife-
ment made as aforefaid, may be given in evidence in any action againft fuch executors
or administrators, to prove the value of the eftate, but fhall not be conclufive, if it.
fhall appear on the trial of the caufe that the eftate was really worth, or bona fide fold
for more or lefs than fuch appraifement.
III. And be it further enabled, That when any perfon fhall make a will in writing,
without appointing any executor or adminiftrator therein, or fuch executor or exe-
cutors fhall refufe to qualify, the regifter of probates of the county wherein fuch will,
fhall be proved, fhall, on application, grant letters of administration with the will"
annexed, to fuch perfon or perfons as would have been entitled thereto if the deceafed
had died inteftate. And if any perfon fhall die inteftate, the regifter cf the county
wherein the will of fuch perfon (had he or fhe left one) would have been proved, fhahV
grant letters of administration to them who would have been entitled thereto.
IV. And be it further enabled., That if any perfon having in poffeffion the will of a-
deceafed perfon, fhall neglect to produce the fame to be proved, upon application to.
the fuperior court of the county where fuch will ought to be proved, procefs as for
contempt fhall. iffue, and the perfon fhall be fined and imprifoned until the will fhall:
be delivered.
V. And be it further enabled, That every executor or adminiftrator, with the willi
annexed, at the time of proving the will, or granting adminiftration fhall take the:
following oath :
li I dofolemnly fwear that this writing contains the true laft will of the. within,
named A. B. deceafed, fo far as I know or believe, and that I will well and truly
execute the fame by paying firft the debts, and then the legacies contained in the
faid will,, as far as his goods and chattels will thereunto extend and the law
charge me, and that I will make a true and perfect inventory of all fuch goods
and chattels. So help me God."
VL And the adminiftrator with the will annexed, fhall enter into bond with good.,
and fufficient fecurity in a fum equal to the value of the eftate at leaft, the condition
of which bond- fhall be in form following, to wit: The condition of this obligation
is fuch,. that. if the above bound CD. (adminiftrator with the will annexed) of the
goods, chattels and credits of E. F. deceafed, do make or caufe to be made, a true
and perfect inventory of all and fingular the goods, chattels and credits of the faid.
deceafed, which have or fhall come to the hands or poffeffion or knowledge of the:
faid C D. or into the poffeffion of any other perfon for him ; and the fame fo made,.,
do exhibit to the fuperior court of the county, or to the regifter of probates thereof, ,
at fuch time as he fhall be thereunto required, by the faid court or regifter,' and the
fame goods,, chattels and credits, do well and truly adminifter according to law, and.
make a juft and true account of his actings and doings, , when by law required j and
further do well and truly pay and deliver all the legacies. contained and fpecified in
the faid will, as far as the faid goods, chattels and credits will extend, or the law
require,.
«
d
a
LAWS OF GEORGIA,
49b
tt
cc
((
require, then this obligation to be void, elfe to remain in full force. Which bond
{hall be made payable to the regifter of probates for the county, and his fu.ccefibrs
in office, and recorded in the clerk's office of the fuperior court, and may be fued
for from time to time by any perfon injured by the breach thereof, until the whole
penalty be recovered and damage fuftained ; being affefied on fuch fuit by the verdict
of a jury, may be levied by execution, and paid to the party for whom they were
Iflefied.
VII. Every adminiftrator when letters are granted to him, (hall take the following
oath or, affirmation, as the cafe may be, before the regifter of probates :
" I do folemnly fwear or affirm, that A. B* deceafed, died without any will, as
far as I know or believe, and that I will well and truly adminifter on all and fingu-
lar the goods and chattels, rights and credits of the faid deceafed, and pay all his
juft debts as far as the fame will extend, and the law requires me, and that I will
make a true and perfect inventory of all and lingular the goods and chattels, rights
and credits, and a juft return thereof, when thereunto required. So help me God"
VIII. And fuch adminiftrator {hall alfo enter into bond with good fecurity, to be
appointed by the regifter, in a fum equal to the full value of the eftate, with a con-
dition following, to wit : The condition of the above obligation is fuch, that if the
above bound A. B. adminiftrator of the goods, chattels and credits of C. D. deceafed,
do make a true and perfecl inventory of all and lingular the goods, chattels and
credits of the faid deceafed, which have or {hall come to the hands, poiTeffion or
knowledge of the faid A. B. or into the hands or pofTeffion of afty other perfon or
perfons for him ; and the fame fo made, do exhibit into the faid court of when
he fhall be thereunto required j and fuch goods, chattels and credits do well and
truly adminifter according to law, and do make a juft and true account of his actings
and doings therein when required by the fuperior court, or regifter of probates for
the county. And all the reft of the goods, chattels and credits, which {hall be
found remaining upon the account of the faid adminiftration, the fame being firft
allowed by the faid court, fhall deliver and pay to fuch perfons reflectively as are
entitled to the fame by law. And if it fhall hereafter appear that any laft will and
teftament was made by the faid deceafed, and the fame be proved before the court,
and the executors obtain a certificate of the probate thereof, and the faid A. B. do
in fuch cafe, if required, render and deliver up the faid letters of adminiftration,
then this obligation to be void, elfe to remain in full force. Which bond fhall be
made payable to the regifter of probates for the county i» which the fame fhall be
given, and to his fucceflbrs in office, and recorded in the clerk's office of the fuperior
court, and may be fued in like manner, as is prefcribed in the preceding claufe of
this act, in the cafe of bonds given by executors with the will annexed. And in
cafe the regifter fhall fail to take bond, with fufficient fecurity as aforefaid, fuch
regifter fhall be liable to be fued for all the damages arifing from fuch neglect, by
any perfon or perfons interefted in the eftate.
IX. If the fureties for adminiftrators conceive themfelves in danger of being
injured by fuch furetyfhip, they may petition the fuperior court of the county,
wherein
A. D. 1792.
No, 476.
To be made pay-
able to the regif-
ter and his fuo
ceifors, and re-
corded in the
clerk's office.
Adminiftrators*
oath.
Shall alfo give
bond and i'ecis-
rity.
The condition
thereof.
To be made
payable and re-
corded in like
manner.
Regifter failing
to take bond
and fufficient fe-
curity, liable to
all damages.
Securities for
adminiftrators
— how to be re-
lieved.
496 DIGEST OF THE
A. D. 1792. wherein they ftand bound, for relief; which court fhall fummon the adminiftrator
No. 476- to appear, and thereupon make fuch order or decree as fhall be fufficient to give
relief to the petitioner.
Lettevsofadmmii- X. That if any widow, after having obtained letters of adminiftration, fhall
Twid" w™«eyd i»" marry again, it fhall be in the difcretion of the judge of the fuperior court, to
pe%,*courtVni.er revoke the adminiftration to her granted, or join one or more of the next of kin to
™ex"nf'k?nbejoin. the inteftate, in the adminiftration with her.
DebtVordeccaf- XI. The debts due by any teftator or inteftate, fhall be paid by executors or ad"-'
ed ,perfons— in miniftrators \n the order following, viz : Funeral and other expences of the laft
what orcter to ' _■ r r 1 • . n
be paid. ficknefs ; charges of probate and will, or of the letters oi aamimltration ; next
debts due to the public; next judgments, mortgages and executions, the eldeft
firft j next rent ; then bonds or other obligations ; and laftly, debts due on open ac-
counts ; but no preference whatever ihall be given to creditors in equal degree^,
where there is a deficiency in aflets, except in the cafes of judgments, mortgages,
that fhall be recorded, from the time of recording, and executions lodged in the
fheriff's office, the eldeft of which (hall be firft paid ; or in tJiofe cafes where a
creditor may have a lien on any part of the eftate.
Executors and XII. Every executor or adminiftrator fhall give fix weeks notice by advertifemenfc
adminiftrators, • £ ^ public gazettes in this State, or at three different places of the moft
what notice to * D ,. ,. , r 1 • j j J
give to the ere- public refort in the county, for creditors to render an account oi their demands ; and
J!™";,, allowed they fhall be allowed twelve months to afcertain the debts due to and from the
dttaShi^ deceafed, to be computed from the probate of the will or granting letters of admi*
thedeceaivd. niftration. And creditors neglecting to give in a ftate of their debts within the time
Not liable to Rut aforefaid, the executors or adminiftrators fhall not be liable to make good the fame^
£ifeVwiikin ie2" nor fhall any action be commenced againft any executor or adminiftrator for the reco*
death/ ° ' very of the debts due by the teftator, or inteftate,. untill twelve months after fuch
teftator or inteftate's death..
Executors or ad- XIII. That all and every the executors and adminiftrators of any perfon or perfonsr
theirownwrong who as executor or executors in his or their own wrong, or adminiftrators, fliall
—how Lhargea- wafte or convert any goods, chattels, eftate or affets of any perfon deceafed to theis
bleforwaftc&c. ^^ ^ ffeaiKbe liable and chargeable in the fame manner as their, teftator or inteftate
would have been if they had been living.
The inferior XIV. And be it further enaBed, That it fliall and may be lawful for the inferior
courts may, on courts jn trie feveral counties of this State, to order a fale, which fliall be at public
derraTi°onrreIi auction, and on the firft ffuefday of the month, at the place of public fales in the
edat"fondseCeaf" faid county, firft giving fixty days notice thereof in one of the gazettes, and at ths
what notice there- ^oox Qf trit court houfe in the county where fuch application fhall be made, of fuch
part of the whole of the real eftate of every teftator or inteftate, on the. application
of the executor or executors, adminiftrator or adminiftrators of fuch teftator or
inteftate, where it is made fully and plainly appear that the fame .will be for the
Provifo. benefit of the heirs or creditors of fuch eftate ; Provided^ That a notice of fuch
^cadoluX'puC: application for fale be firft made known in one of the gazettes in this State, and at
ihe eg3zeue "before kail nine months before any order abfolute fhall be made, thereupon.
final.-jrder. '" XV.
LAWS OF GEORGIA. 497
XV. And be it further enabled, That an aft, entitled "An aft to direct execu- A. D. 1792.
tors and administrators in the manner and method of returning inventories aiid No- 476-
1 jip *i/Q- /if* j "\ F^r^Ti
accounts of their teflators and inteftates' eftates, and for allowing them and all other i/<h, lo direct ex-
. . ■ . ,. . n 1 • i T 1 r -• 1 etuturs and admi-
perfons who fhall or may be entrulted with the care and management or minors and n&trators.et&'ang
tiiC riift Co cjirry 111—
other eftates, to charge commifhons thereon," palled the twenty-ninth day of Febru- tc^ffeatheflthfec-
ary, one thoufand feven hundred and fixty-four ; and an act, entitled "An * act to of a* eonftittitiou
; r * -. . . palled 23J Decern.
carry into effect the fixth fection of the fourth article of the conftitution, touching; '7^9, declared to
» ° be in force, where-
the diftribution of the inteftate eftates, directing the manner of granting letters of they apply ; but no
' w do clautes tuerem
adminiftration, letters teftamentary, and marriage licenfes," pafTed the twenty-third ^nj?%r*zea
day of December, one thoufand feven hundred and eighty-nine, be and the fame are
hereby declared to be in fords in cafes where they apply, but no claufes therein fhall
be admitted to operate againft this prefent act.
XVI. And to the end that permanent provifion be made for the poor, Be it further Vf Joftfcesof the
if r ' j inferior counseai-
enabled, That the inferior courts in the feveral counties in this State, fhall have power }™t&£™£$hl
to enquire into the circumftances of the poor, bind out orphans, and appoint guar- ^1L°gPi!ardiaiisa,1>"
dians, in the manner pointed out by law, and appoint overfeers over the poor. overfsers» «<=•
Provided^ That no juftice of the inferior court fhall be appointed an overfeerof the Provifo.
poor. And the faid juftices and overfeers of the poor, fhall have power to levy replevy a n\mm-
annually a tax,* and affefs all taxable property, returned in their refpective counties, exceed7n?ta'onenot
not exceeding one fourteenth part of the general tax of fuch county annually, ^erafta*in their
which fhall be collected by the tax collector of the county, who fhall be allowed at tL!61" we
and after the rate of five per centum on the nett amount of fuch collection, and who Idwed°s 'percent"
fhall at the firft inferior court, after the firft Monday in May annually, make to the Jm'S^t
juftices of the inferior court a true return of the State of the collection of fuch Wltlx the jullxes*
tax, and a report in writing of his proceedings, and fhall therein fairly ftate the
amount of his collection 5 and that the tax collector's ftatements and collections fo
made up, fhall be filed of record in the clerk's office, open to the inflection of any
perfon interefted therein. And in cafe any perfon or perfons fhall refufe or neglect Perfons refuf-
to pay fuch tax, it fhall and may be lawful for the Sheriff of the county, to diltrain c"f J^^a?
for the fame in like manner as the collectors are authorized to diftrain for the general manner to be
tax, and fhall have the like commiffions therefor, and the money arifinp- from the ^"pe e ' -
m ? ... . . The money an-
faid tax fhall be paid into the hands of the faid overfeers for the relief of the poor ; fing to be paid
and the faid overfeers fhall, once in every year, make up their accounts and lay the oTtheoverfeers
fame before the juftices of the faid court, who fhall exprefs their approbation or wJio n\M a.c,cuu1rt
•» * r •r-T annuailv with the
difapprobation of the fame on the back of the faid accounts fo to be produced. faid Ju'tices-
XVII. And whereas, The juftices of the inferior court were authorized in and by
an act, entitled " An act for regulating the judiciary department of this State," to
make affeflments for the relief of the poor in the feveral counties in this State, and
no mode was therein expreffed in which a ftatement fhoukl be made of the fame.
Be it enabled, That all monies raifed by any fuch affefTment fhall be accounted for M?£jf! hethe0t„£:
y allHfinents how
1 be accounted for
R r r fair
within fix months after the paffing of this act, and the tax collector fhall bring a ^La"'
* Repealed by act of 1796, No. 555, which authorizes a larger tax to be levied for county purpofes
generally.
498 DIGEST OF THE
A. D. 1 792, fair ftatement of the fame into bis firft report -t and in cafe the perfon or perfons
No, 476- who fhall have received the fain monies, and upon demand and due notice by the
faid collector, fhall refufe or neglect to account for fuch monies as aforefaid, then
in that cafe the collector fhall procure fuch evidence as may be neceffary to fubftan-
tiate fuch account, and fhall thereupon apply to the attorney or folicitor general to
commence fuit or fuits at law, for the recovery of the money fo withheld, and the
delinquent fhall moreover be fubject to treble cofts.
WILLIAM GIBBONS, Speaker of the Houfe of Representatives.
BENJAMIN TALIAFERRO, Prefident of the Senate.
EDWARD TELFAIR, Governor.
December 18, 1 792.
No. 477. An Acl to point out the mode under -which property reverting to tfo&
State Jh all be difpofed of.
THE fections omitted, not being carried into effect:, are re-enacted with alterations;,
by act of 1793-, No. 502.
Refolution re- VIII. And whereas^ the general affembly did by their joint refolution of the four--
fpedmg pay- teenth day of December, one thoufand feven hundred and ninety-one, declare, that
merits for con-. „ . .-• _ -- „ , • , ..
fifcaced proper- all original purchafers of connfcated property, or their heirs, executors or adminiflra-
ty, explained. tors maV} wirhm three months after the date of fuch refolution, fignify to the treafu*
rer, how they wifh the monies fo paid in by them to be applied, whether in difcharge
of the principal or intereft bond, which refolutions require the further fenfe of the
No transfer of legiflature, Be it enacledy That no transfer of payment fhall be had or admitted from:
payments from ^ principal bond to the intereft, in any cafe wherein the purchafer or purchafers or,
tereft bonds fhall their repreientatives, had made fale of fuch property, but that payments made on the.
where^the pur- Priflcipal bond in fuch cafes, fhall be confidered as payment therein only, and that,
dialers had made jjjg faid refolutions did not extend to the injury of fair purchafers under the State title*
fale of the pro- . ... . .
perty. but only as a relief to perfons holding their purchafes in their own right.
X. And ivhereasy there are debts due by citizens of this State to perfons named in;
the act: of confiscation and banifhrnent aforementioned, which by the faid act became
the property of the State, but no mode was therein pointed out for their difcharge.
Citizens indebted Be it further enaBedy That the citizens fo indebted to perfons named as aforefaid, fhalk
hi ti" aa oTo.rt- be at liberty for and during the term of one year,, from and after the pafling this
nimment .• in what act, to pay the fame into the public treafury of the State, in any paper emiffion, or-
S pay u.c amount public fecurities thereof, (except O'Brien and Wade's or Seth John Cuthbert's certi—
treaiury. Scares) and the treafurer is hereby authorized to receive the. fame on oath, and to;
revive the fame grant full acquittance or difcharge therefor j and after that period any perfon who <
ton acquittances was a citizen of the United States on the eleventh day of Tuly, one thoufand feven
therefor. . - .
when and by hundred and eighty-two, to whom perfons named in the act: of confirmation were in-
whom attachments ° ' *
maybe iiihedaainft debted, fhall and may fue out and profecute his or her attachment,. againft the perfon
perrons named in • -■.■* ° -
jiieccufifcatioaaci Qr perfons fo named on the. faid a£t3 and thereby attach the goods and chattels of fuch
connfcated
LAWS OF GEORGIA. *499
confifcated and banifhed perfon which belonged to him or them on the aforefaid ele- A. D. 1792.
venth day of July, one thoufaad feven hundred and eighty-two, in the hands of any Ko- 477>
perfon or perfons whomfoever, in like manner as attachments now iflue, and the
perfon or perfons to whom copies of the attachment may be ferved, fhall be bound
to appear and anfwer as is the cuftomary mode in the courts of this State. Provided) Provifo.
That nothing herein contained fhall be conftrue'd to extend to grant any power to not|eaSu:hed.
attach real eftate. And provided, That where perfonal property ffiall be fo attached, Provifo.
twenty per cent, fhall be paid into the public treafury, out of the amount of every at- t2,° 5g^JJJjj5J
tachment fo iffued and profecuted to judgment. And provided alfo, That nothing be paid into the
herein contained fhall extend to authorize an attachment of any property that may p^jjjj'
have been difpofed of by donation or fale by the public of the State. Not to affect
WILLIAM GIBBONS, Speaker of the Houfe of Reprefentatives. j^fof by %
BENJAMIN TALIAFERRO, Frefdent of the Senate. P^iic
EDWARD TELFAIR, Governor.
December 20, 1792.
An Act for the better regulation of high roads and bridges.* No. 47s,
I. "^ E it enabled by the fenate and houfe of reprefentatives of the State of Georgia in Public roads un-
j[3 general affembly met, and by the authority of the fame, That the feveral county J tneVferior°a
courts within this State have, and they are hereby veiled with full power to dire£r, courts,
from time to time, the alteration of all public roads already made, or hereafter to be
made, and alfo the making or opening fuch new roads and in fuch places as to them
fhall feem convenient and necefiary ; and that all fuch roads or high ways now
made or hereafter to be made, fhall at all times be kept well cleared from logs, trees,
bufhes and other obftruclions, thirty feet wide, and the roots well grubbed up, at leaft
fixteen feet in width.
II. And be it further enabled by the authority aforefaid, That any perfon deadening Obftniclions t»
any tree or trees within fixty feet of any high road or roads, and the faid deadened "e removed,
tree or trees fhould fall in or acrofs any high road, then it fhall be the duty of fuch
perfon to have the faid tree or trees removed within two days, under the penalty of
four {hillings and eight pence for every fuch offence.
III. And be it further enabled by the authority aforefaid, That when an application The opening or
is made to the county court to have a new road opened, or any former old road ~^__j^ to
altered, fuch court fhall and they are hereby directed to appoint three or more fit be made.
and proper perfons to view and examine the lands whereon fuch road or roads are
propofed to be cleared or altered ; which perfons fo appointed as aforefaid, fhall take
an oath before fome juflice of the peace faithfully and impartially, to perform fuch
fervice, and fhall report to the next county court their opinions of the conveniencies
or inconveniencies of fuch intended new road or alteration as the cafe may be.
, IV.
* Byadtof 1793, No. 482, the counties of Chatham, Liberty, Glynn, and Camden, are excepted as to
the operation of this adl ; and fo much of that act as relates to fines and laying out new roads, was in force in
all the counties until 1796,. the acl; of£i793 was then repealed, except as to the above named counties. This act
has fincc been in force in all the otfier counties. (Bryan and M'Intoih alfo excepted.)
Soo DIGEST OF THE
A.D. 1792- IV. And be it further enabled by the authority afore/aid, That the feveral county
No. 478- courts of this State fhall, as foon as they conveniently can, divide the public roads
tourts to ap- within their county into fuch number of diftricts as they fhall think convenient, and
point overfeers {hau annually, at their firft term, appoint an overfeer or furveyor of each diftrict ;
Perfomliable to and all male laboring perfons between the age of fixteen and fifty years fhall be, and
work on roads, they are hereby declared liable to work on any road within the diitrict to which he
Eiovifp* or they belong ; Provided, That no perfon fhall be liable to work on any other than
the mod adjacent road ; (perfons fituate on iflands only excepted) and any free male
laboring perfons as aforefaid, who fhall fail to attend or fend fome perfon in his room
with proper tools when required by fuch furveyor, or who fhall refufe or neglect to
Pines for neg- work, fhall for every fuch refufai or neglect, forfeit and pay a fum not exceeding
two {hillings and four pence ; and any owner or mafter of any male laboring Have
of Haves between the age aforefaid, who fhall fail to fend fuch flave or flaves, or fo
many thereof as fhall be required by the overfeer or furveyor, at any time fo to do :
Frovifo. Provided, That no perfon liable to work on the roads agreeable to this law, fhall be
No perfon to be compelled to work more than twelve days in a year, or fix days at one time, or who
workmorethan maU not furnifh fuch flave with fufEcient tools, fhall forfeit and pay a fum not exceed-
32 days in. a jng two {hillings and four pence for each flave not fent and furnifhed as aforefaid ;
and any overfeer or furveyor of a road appointed under this act, who fhall refufe to
Certain finesr work his own flaves on the road, fhall forfeit and pay a fum not exceeding two {hil-
lings and four pence for each male flave between the ages aforefaid, or who fhall fail
or neglect to do his duty as furveyor as by this act required, fhall forfeit and pay the
fum of four pounds for every fuch failure or neglect.
Bridges how to V. And be it further enabled by the authority aforefaid,. That where a bridge or..
krepairf "^ bridges ma^ be found neceffary, every furyeyor or overfeer of the highways with
all the hands liable to work on roads within his diftrict, {hall be and they are hereby
required to build the fame ; which bridge or bridges fhall be at leaft fifteen feet
broad, and fhall be worked on and kept in good repair 5 and wherever a bridge or
bridges fhall be neceffary over any fwamp or water courfe, where, the furveyor with :
the hands liable to work on roads within his diftrict, cannot build and complete the
Tb be done by fame by working thereon three days, the court of the county wherein fuch fwamp
county tax m water courfe may lie, are hereby authorized and required to contract and agree
certain caies. *■■.'■■'-' . . b
with fome perfon or perfons for the building and repairing thereof, and to tax the
fum contracted for in their next county* tax. And where bridges orcaufew-ays are
or fhall be neceffary over any fwamp or water courfe, dividing one county from another,
the courts of both fuch counties fhall provide for building and keeping the fame in
repair, and the charges thereof fhall be defrayed by both counties in proportion to
the number of male perfons liable to work on roads and bridges as aforefaid.
Roads over mill VI. And be it further enacled by .the authority aforefaid, That if any milldam over
dams, &.c. which any public road fhall lead, or the bridge or paffage over the pier head, flood
gates or wafte, fhall be lefs than twelve feet in breadth at top for the whole length
of the dam, bridge or paffage, the owner or owners, occupier or occupiers of fuch
mill, fhall forfeit and pay four pounds for every fuch offence ;. and every owner or
occupier
* See aft of 1796, No. jjj, refpefling county tax.
LAWS OF GEORGIA,. 501
occupier of a mill, (ball caufe ftrong rails to be fet up and kept in repair on each fide A* D. 1792.
of fuch bridge or paffage, flood gate, or wafte, under the like penalty : Provided No- 478.
always, That if any mill dam, or- the flood gates, or pier head, fhali happen to be
deftroyed or carried away by tempeft or other accident, the owner or occupier thereof
fhail not be liable to any of the faid penalties until one month after fuch mill dam
fhall be completely repaired for grinding, and where any bridge over the pier head, .
flood gates or waile of any mill is already ten feet wide with ftrong rails to the
fame, fuch bridge fhall be deemed fufficient fo long as it fhall be in good repair,
VII. And be it further enacled by the authority af ore/aid, That where two or more Sign pods or.
crofs roads or highways meet, the furveyor thereof fhall caufe to be erected and up ast °ceruien
kept in repair, from time to. time, in the mod convenient, place where fuch roads places.
join, a ftone or poft with plain infcriptions thereon, in large letters, directing to the
moft noted place to which each of the faid roads lead, with the diftance thereto ;
and it fhall be lawful for the faid furveyor to take any trees from any adjacent lands
for fetting up fuch pofts j . and if any furveyor fhall neglect or refufe to caufe fuch
ftone or pofts to be fet up, or fhall not caufe them and the infcription thereon to be
repaired or renewed from time to time, as fhall be neceffary, he fhall forfeit and pay.
ten (hillings for every month fuch ftone or poft fhall be wanting, to be recovered
and applied in the fame manner as the penalty for not keeping the reads or high
ways in repair : And if any perfon fhall prefume to cut, pull up, deftroy or deface Penalty for def-
any fuch ftone or poft, or the infcription thereon, and be thereof convicted by facing'them,
confeffion, or the oath of one or more creditable witnefles, before a juftice of the
peace of the county where any fuch offence fhall be committed, he or fhe fhall forfeit
and pay forty fhillings for every fuch offence to the informer, recoverable with colts
before the fame juftice of the peace; but where the informer fhall be a witnefs fworn ;
.upon trial in that caufe, the penalty fhall be to the ufe of the county towards leffen--
ing their county tax; .
VIIL And be it further enacled by the authority aforefaid. That the juftices of the Road through
. ' J . Liberty, Glynn
inferior courts of the counties of Liberty, Glynn and Camden, fhall, at their firfb and Camden to
court after thepaffing of this act, appoint one fit and difcreet perfon a eommiffioner, cJle t0,vJ^_?f St*
which eommiffioner fo appointed fhall meet within ninety days after fuch appointr laid out.
ment, at that part of Liberty county where the road from the court houfe of the
county of Greene to Liberty county hath been laid out, and from thence to mark
and lay out to the town of St. Mary's, a. road which, to the majority of faid comr
miflioners, fhall appear moft convenient.
IX. And be it further enacled. That no claufe or part of a claufe in this act, fhall " ,No "e.^ road *°
authorize or empower the commifuoners of the roads, or the juftices of the inferior Chatham or Li-
-courtsin the county of Chatham or Liberty, to lay outer work upon any new roads, jerty' dnnlef^r
other than fuch as has been eftablifhed and worked upon prior to the year one thou- ryby the grand
fand feven hundred and eighty-nine, unlefs fuch new road fhall be deemed neceflary jury"
-by the grand jury of fuch counties.
X. And be it further enacled by the authority aforefaid, That all fines and penalties ur^how^otcrS
impofed by virtue of this act, fhall be recovered by warrant, under the hand and $£!£* and sp'
feal \
5C2
DIGEST OF THE
A. D. 1792.
No. 478.
Frovifo.
The roads in Can-
flen.Olynji/Wafh-
j»<> run, Greene and
Fi .iiiklia may nut
exceed iz i'eet l.i
width.
Inferior courts,
empowered to levy
county tax f< r the
ul'e of lirid^es,
court houfes and
saols.
Former acts re-
pealed.
feal of a juftice of the peace of the diftrict where the fame are incurred, which
when recovered, (hall go and be fubject to the order of the courts, for the purpofe
of keeping in repair the roads and bridges therein. Provided neverlhelefs, That the
commiffioners of the counties of Camden, Glynn, "Washington, Greene, and
Franklin, (hall not be bound by this act to open the roads or bridges in their refpec-
tive counties more than twelve feet.
XL ^And be it further enatled, That the inferior courts in the feveral counties
fhall have power to levy a eounty tax on all the taxable returns, not exceeding one
eighth part of the general tax for the purpofe of erecting and repairing bridges, and
repairing the court houfe and gaol in the refpective counties.
XII. And be it further enabled by the authority aforefaid, That all and every other act
and acts, claufe and claufes heretofore made, for or concerning any thing within the
purview of this act, fhall be and they are hereby repealed.
WILLIAM GIBBONS, Speaker of the Houfe of Reprtfentatives,
BENJAMIN TALIAFERRO, Pnfdent of the Senate.
EDWARD TELFAIR., Governor.
December 20, 1792.
* This feiftion repealed by acl of 1796. No. 555.
No. 479.
Value of lands,
how eftimated.
Notice of fales,
ntceffary.
Provifo.
Sales, not to af-
fect claims of the
State.
Purchafes made
in aid of exiit-
ing claims — evi-
dence of fraud.
An Acl to impofe a tax on the inhabitants of this State for thefupport
of government for the year 1793.
II. A ND be it further enabled. That the value or eftimation of fuch lands fhall be
jfj^ rated agreeably to the eftimation or value of lands in and by the act, enti-
tled " An act to raife a tax for the fupport of government for the year one thoufand
feven hundred and ninety-two.
IV. Provided, That no fale of lands fhall take place under this law, unlefs thirty
days notice of fuch fale fhall have been given by publifhing the fame in fome one of
the public gazettes of this State, together with the beft defcription of fuch land the
collector is able to procure, and which charge for publifhing fuch notice, fuch col-
lector may deduct from the amount fales of the property fold, or lawfully demand
from the perfon owning and paying the tax for the fame. And provided, That no
fale for taxes fhall be conflrued to have effect where it has already taken place or may
hereafter take place, of property mortgaged or fecured to the State, or where the State
has otherwife a legal or equitable title to the fame.
VII. Be it further enaEled, That fales for taxes, where the property fhall be pur-
chafed in for, or be held by the perfon or perfons previoufly entitled thereto, or by
his, her or their executors or adminiftrators, or by any other perfon or perfons in
truft for him, her or them, fhall be held and confidered as good evidence of a frau-
dulent intention and fale, where the fame fhall be contefted, by a bona fide creditor,
lineal
LAWS OF GEORGIA. 5o3
lineal reprefentative or legatee,, in any ceurt of law and equity in this State 5 and A. D. 1792.
fuch perfon or perfons, on conviction of fuch fraudulent incention and fale, fhall No- 479-
forfeit the amount of taxes he, fhe or they may have paid on the fame.
WILLIAM GIBBONS, Speaker of the Houfe of Representatives.,
BENJAMIN TALIAFERRO, President of the Senate,,
EDWARD TELFAIR, Governor.
December 20, 1 792.
An Aft for appropriating money for the year one I \houJ and 'J even hun- No- 4S0.
dred and ninety-three,
IX. A ND be it further enabled; That the commiffioners of the court houfes and The commiffi-
Jj% gaols of the counties of Chatham, Liberty, Camden, Glynn,. Effingham, houfes and gaols
Franklin, Elbert, Greene and Wafhington, or their agents,, be and they are hereby. °.f certa,n coun"
° , . r J J: ties empowered
feverally authorized and empowered to purchafe to the amount of one hundred and to purchafe con-
fifty pounds at the fales of confiscated property, to be made by virtue of the act for fi«:atedProP«'ty-
gointing out the mode by which property reverting to the State fhall be again difpofed
of, any thing in the faid at~l to the contrary thereof notwithflanding..
XI. And be it further enabled, That the fum of two hundred and forty-five pounds Columbia court;
remaining in the hands of the collector of Columbia, after the payment of the fum of houfe andSaal*
two hundred and fifty-five pounds to William Stevens, out of the fum of five hun-
dred pounds, to be collected from the faid county as declared by the act, entitled
" An act: to divide the county of Richmond," pafTed the tenth day of December, in
the year one thoufand feven hundred and ninety, be paid into the hands of the prefent.
eommiffioners of the faid county for the purpofe of completing and defraying the;
expence accruing from the building of the court houfe and gaol thereof, any law to>
the contrary not withstanding.
All the reft obfolete.
WILLIAM GIBBONS, Speaker of the Houfe of Reprefentative**
BENJAMIN TALIAFERRO, Prefident of the Senate.,
EDWARD TELFAIR, Governor,
December 20, 1792.
An Ac! for opening and keeping clear the navigation ofOgechee river J* No/481. J
I. 1T)E it enabled by the fenate and houfe of reprefentatives of the State of Georgia in Perfons liable to. ,
^ Ji. general affembly met, and it is hereby enabled by the authority of the fame. That v,r on the '""*'
all male inhabitancs between the ages of fixteen and forty years, refiding within feven
miles on either fide of faid river, from the lower line of Effingham,, to the mouth
of Horfe creek, fhall be, and they are. hereby declared and made liable to work- on
Ogecheer
* OthercommifEoners appointed for improving the navigation as far as Lctiifville and tax levied on adjacent t
lands by ad of 1796, No. 5J4, Lottery authorized, alfo for that purpofe, by act of the fame year, No. ,569,
5o4 DIGEST OF THE
A. D. 1793. Ogechee aforefaid, for the purpofe of opening and making good the navigation there- -
No. 481. q^ at fuca times aruj m fuch manner as the commiffioners herein named, or a ma-
jority of them, (hall think bed and mod effectual for carrying the purpofes of this
aft into execution. Provided always, That no perfon refiding within the limits afore-
faid (hall be obliged to work more than eight days in a year, or more than four days
at one time.
Penalty for not H. And be it further enacted, That any perfon made liable to work by this aft as
in°" aforefaid, who (hall neglect or refufe to comply therewith after due notice given, (hall
forfeit and pay half a dollar for each day he (hall be abfent when required to labor as
before mentioned, or if prefent and (hail refufe to labor or work as by this act is re-
quired ; and in cafe the mailer, owner, or manager of any (lave or (laves, when
lawfully called on at fuch time and place as the commiffioners, or a majority of them
(hall appoint, to work on Ogechee river as aforefaid, fuch mailer, owner or mana-
ger (hall forfeit and pay half a dollar per day for each of his or her flave or (laves who
(hall be abfent when called upon as aforefaid, unlefs an excufe to the fatisfaclion of
the commiffioners be made.
Commiffioners III. And be it further enabled by the authority aforefaid, That the commiffioners
^nddut'P°WeiS appointed by virtue of this act, or a majority of them, in their refpective diftricts,
(hall have full power and authority to divide the inhabitants within their feveral
diftricts into companies, and appoint overfeers in faid companies, whofe duty it
(hall be to give five days previous notice to the inhabitants when required to work on
faid river as aforefaid, to fee the bufinefs completed, and to make returns, on oath
to the faid commiffioners of all defaulters within their refpective companies ; and in
cafe any perfon appointed as overfeer under this act, after having accepted his ap-
pointment, (hall neglect or refufe the duties thereby impofed, every fuch overfeer,
(hall forfeit ten dollars, unlefs a reafonable excufe be made for fuch neglecl, of
which the commiffioners (hall judge, to be recovered and applied as herein after di-
rected. Provided, The faid overfeer (hall not be obliged to continue in office more
than twelve months from the acceptance of his appointment.
How to enforce IV. And be it further enacted by the authority aforefaid, That the commiffioners
the payment of nerein named, or a majority of them in their refpective diftri&s, (hall have full
fines &c. ' j * *■
power and authority to cite any perfon or perfons who (hall incur any of the penal-
ties herein inflicted, by their warrant or fummons, directed to any conftable of the
diftrict wherein the defaulter (hall refide, with notice for fuch defaulter to appear
at fuch time and place as they may appoint, and on the day fo appointed proceed to
hear and determine thereon, agreeably to the directions of this act, and upon con-
viction (hall iffue execution, directed to any conftable as aforefaid, to levy the faid
fine (together with half a dollar coft to the conftable, for levying, felling and
making return of the monies received in fatisfadtion of fuch execution to the com- j
miffioners who iffued the fame) on the offenders goods and chattels, and after ten
days public notice, fell and difpofe of the fame until the faid fine and cofts are fully
fatisfied, any law of this State to the contrary notwithftanding.
LAWS OF GEORGIA. 505
V. And be it further enacted, That the monies arifing by fines as aforefaid, fhall A. D. 1793.
be paid into the hands of the commiffioners within the diftrict where the fame is „'. No> 4^i.
r . .'';•'-. Fines — how ap-
colledted, who fhall apply the fame to the forwarding and completing the navigation propriated.
of the faid river within the diftrict. ,
VI. And be it further enacted by the authority aforefaid, That the perfons 'herein Commiffioners,
named fhall be, and they are hereby declared commiffioners for the feveral diftridts narned-
herein after mentioned, viz. from the lower line of Effingham county to John La-
nier's ferry, James Kirk, Jeffe M'Call and John Lanier; from John Lanier's ferry
to the mouth of Little Ogechee, James Hines, Stephen Dunmark, and John Rolls;
and from the mouth of Little Ogechee to the mouth of Horfe Creek, Luke Prigen, '
Luke Mezell, and Jofeph Plummer, be, and they are fully inverted with all the
powers intended by this act to be given to them as commiffioners aforefaid: That
ff by death or refignati-on or otherwife, it fhall be impoffible to form a majority of Vacancies, how
the commiffioners aforefaid, in either of the diftricts aforefaid, that then his excel- t0 e "e^J
lency the governor fhall appoint one or more fit perfons near Ogechee river aforefaid,
to act as commiffioner or commiffioners, who fhall on their appointment, be veiled
with all the powers hereby given to the commiffioners herein named.
VII. And be it further enacted, That if any perfon or perfons fhall fell any tree or Penalty for fall-
trees in the faid river, and leave them in fuch fallen condition, fo that the fame ingtrc"tnereia
may tend to obftruct and impede the navigation aforefaid, they fhall for every fuch
offence, forfeit and pay five dollars, to be recovered and applied as other forfeitures
incurred by this act.
. WILLIAM GIBBONS, Speaker of the Houfe of Reprefentatives.
BENJAMIN TALIAFERRO, Prefident of the Senate.
GEORGE MATHEWS, Governor.
November 29, 1793.
An Act for regulating and keeping in repair the public roads and bridges No. 4a».
in the federal counties in this State*
WHEREAS feveral laws have heretofore been paffed for the regulation of pub- preamble,
lie roads and bridges in the feveral counties within this State, which laws,
by experience have been -found to be defective and ineffectual in many parts.
I. Be it therefore enacled by the fenate and houfe of reprefentatives of the State of Georgia Enacted.
in general affembly met, and it is hereby enacled by the authority of the fame, That the com- Commiffioners
miffioners or furveyors of the feveral districts or divifions which may be laid under, or furveyors of
and by virtue of this act, are hereby empowered and required to continue to work powerT&Tuty.
upon, clear, amend, repair, erect and improve the feveral roads, bridges, fords,
caufeways, and water paffages, in this State, as are already laid out, opened, erected and
cleared, and to layout, open, "erect and clear, any others that may hereafter be found Maylayoutnew
neceffary ; and to eftablifh fuch ferries as they fhall think proper for the more direct roads and trtlSt
communication and better convenience of the inhabitants thereof, according to the they may deep
feveral regulations and reftridtions of this act. neceffary.
S s s II.
* Repealed as to certain counties by act of 1 796, No. 566
$o6
DIGEST OF THE
A. D. 1793.
No. 481
Perfons liable to
work on the
fame.
Certain exemp-
tions therefrom.
Provifo.
Vacancies, how
filled.
The manner of
fummoningper*
ions to work.
II. And be it further enabled. That all male white inhabitants, (except thofe of the
city of Savannah and town of Sunbury) free negroes and mulattoes, and all negroes
and other male flaves from the age of fixteen to fifty years, in the feveral counties in
this State, fball be, and they are hereby declared to be obliged to appear and work
upon the feveral roads, creeks, caufeways, water paffages and bridges within the
feveral diftricts or divifions to which fuch male white inhabitants, free negroes and
mulattoes, and negroes and other male flaves fhall be allotted (according to their
places of refidence) purfuant to the mode herein after pointed out, or fuch white male
inhabitants, free negroes and mulattoes, and owners, managers or employers of fuch
negroes and other male flaves, fhall be liable to the fines and penalties in this a£t defi-
ned and exprefTed. Provided neverthelefs, That nothing herein contained fhall extend,
or be eonftrued to extend, to fubje£r. the governor or the judges of the fuperior -courts,
to perfonal working or attendance on the roads, caufeways, bridges or water paffages
within the feveral diftricts or divifions wherein fuch perfons fhall or may refide.
Provided, That this claufe of exemption fhall not extend to exempt fuch perfons from
doing their duty as commiffioners or furveyors of the roads, if he or they be appointed
to, and except of the faid office.
III. And be it further enabled, That if any commiffioner or furveyor, who may be
appointed under and in obedience to this act, fhall die, depart the State, or declhve
to accept the faid office, or after accepting fhall refufe to act therein, the commiffioners
or furveyors of the diftrict or divifion for which fuch commiffioner or furveyor was
appointed, fhall, as foon as may be, after the death, departure, or refufal to act, of
fuch commiffioner or furveyor, proceed to appoint another commiffioner or furveyor
in the room of him fo dying, departing, or refufing to act as aforefaid, unlefsbyfuch
deaths, departure or refufals to act, it fhall fo happen at any one time, that a majo-
rity of the commiffioners or furveyors of any one diftrict or divifion, have become
vacant, in which cafe, on information of the remaining commiffioner or commiffioners
or otherwife, the inferior court of the county wherein fuch vacancies may happen,
fhall, at their next term proceed to appoint others in the room of thofe departing the
State, declining neglecting or refufing to act as aforefaid.
IV. Andbeit further enabled. That the commiffioners or furveyors appointed under
this act, or the majority of them, fhall, and they hereby have full power and autho-
rity to appoint one or more perfon or perfons within their feveral diftricls or divifions,
to fummon all fuch perfons as are obliged to work within the faid diftricts or divifions, .
at fuch times of the year, and for as many days as they may think convenient and
neceffary, (not to exceed fix days at one time ; or twelve days in one year) to repair,
erect, open, clear and work upon the feveral roads, bridges, caufeways, water
courfes and water paffages within the fame, and the feveral owners, managers or
employers of male flaves within the feveral divifions or diftridts, fhall, when fummoned
as aforefaid, deliver to the perfon fummoning him, her or them, a lift of all fuch
male flaves as by this act are liable to work, in writing, Cgned by fuch owner, ma~
nager or employer, under a penalty of three pounds for a negleft thereof, which lift
the
LAWS OF GEORGIA.
S°7
the perfon fummoning (hall deliver to the fmrveyorsor commiflioners of fuch diilricls
or divifions, and the faid commiflioners or furveyors are empowered and required, to
fwear any owner manager or employer, giving and figning fuch lift, to the truth
thereof ; and the perfon or perfons fummoning as aforefaid, fhall he exempted from
his or their perfonal labor in fuch diftrict or divifion ; and in cafe any perfon or per-
fons appointed to fummon as aforefaid, fhall neglect, or refufe fo to do, fuch perfon
or perfons fnall feverally forfeit fix dollars for every fuch offence.
V. And whereas, it may not be convenient or practicable for the feveral perfons
fubject to work by this act, to erect bridges over the feveral creeks or rivers within
their feveral diftricts or divifions : Be it further enacted, That the commiflioners or
furveyors of fuch diftricts or divifions, by confent of the juftices of the inferior
court of the county, fhall, and they are hereby empowered to contract and agree
with any perfon or perfons willing to undertake the fame for the erecting or building
fuch bridge or bridges, not lefs than fixteen feet broad, over rivers or creeks not
exceeding eighty feet in width, and to defray the expence thereof by an equal affeff"-
rnent on all perfons and property within the faid diftrict or divifion. Provided neper-
thelefs, That where it may appear neceffary to erect fuch bridge over any creek or
river being between two divifions, the labor and charge of erecting the fame fhall
be defrayed or done by an equal affeffment upon both divfions, and that fuch bridge
fhall afterwards be kept in repair by the joint labors of fuch diftricts or divifions ;
and if any perfon or perfons ihall refufe or neglect to pay his, her or their affeffment,
the fame may and fhall be levied upon his, her or their goods and chattels in the man-
ner hereafter mentioned.
VI. And be it further enabled, That every male white inhabitant (except as before
excepted) free negro or mulatto, who being duly fummoned to work within the
refpective diftricts or divifions, wherein by this act fuch male white inhabitant, free
negro or mulatto is obliged to work, fhall neglect or refufe to obey fuch fummons,
he fhall for each day he or they fhall refufe ornegleft to appear or work as aforefaid,
forfeit a fum not exceeding half a dollar ; and for every day the owner, manager or
employer of any male flaves liable to work as aforefaid, fhall neglect or refufe to
fend fuch flaves to perform fuch work, he, fhe or they fhall forfeit a fum not ex-
ceeding half a dollar for each flave ; cafes of ficknefsin the Have always excepted.
VII. And be it further enabled, That every male white inhabitant liable to work and
appear as aforefaid, fhall, when fummoned and appearing as aforefaid, in his divifion
or diftrict, carry with him one good and fufhcient gun or pair of piftols, and at leaft
nine cartridges to fit the fame, or twelve loads of powder and ball, or buck fhot,
under the penalty of one dollar for every day he fhall neglect fo to do.
VIII. And be it further enabled, That no civil officer or any perfon whatfoever
fhall on any pretence, execute any warrant or procefs, unlefs for felony, treafon or
breach, of the peace, on any perfon or perfons during the time any fuch perfon or
perfons fhall be working upon the faid roads, or in going or returning from working
or appearing as aforefaid, on the fame, or within twenty-four hours after fuch perfon
or perfons fhall be difcharged from working upon fuch road, under the penalty of
ten
A. D. 1793.
No. 483.
Bridges— how
to be built and
kept in repair.
Fines for not
working.
Malewhiteper-
fons— liable to
work on roads,
to carry fire
arms &c.
No civil prorefs
to be ferved on
them, except for
fines Sac. under
this act.
5o8 DIGEST OF THE
A. D. 1793. ten dollars, and the ferviceof fuch warrant or fummons on any fucli perfon or per-
No. 482. ' fons, is hereby declared to be null and void to all intents and purpofes ; and during
the time aforefaid, not any implement of labor (hall be liable to be feized, diftrained
or taken in execution, for any caufe, matter or thing whatfoever, except it be for
any payment or afleflment mentioned in or for any fine or forfeiture incurred by this
Arms,accoutre- act j but arms and accoutrements fhall not be liable to be feized or taken under any
ments' &c. not etence whatfoever ; and in cafe any perfon fhall feize, diftrain or levy upon any
liable to be feiz- r „ , , , jrr'jv ru
ed. fuch implements of labor, arms or accoutrements, (excepted as alorelaid) every fuch
perfon fhall forfeit the fum of ten dollars.
Commlffioners IX. And he it further enafted, That the commiflioners or furveyors aforefaid, or
to appoint over- any one 0f them, fhall have power and authority to nominate and appoint one or
more overfeer or overfeers in their refpective diftricts or divifions, to attend, view,
Their powers manage and direct all perfons working within the fame ; and fuch overfeer or over-
znd duty. -eers hereDy }iave full power to correct any ilave or flaves neglecting the work by them
to be done, or otherwife offending, by whipping them with a cow fkin, fwitch or
whip, not exc&eding twenty lafhes ;. and in cafe any white perfon, free negro or
mulatto fhall neglect to work or perform the duty required of him or them, the
commiflioners or furveyors, or a majority of them, upon report thereof by the over-
feer or overfeers, fhall fine every perfon fo offending in a fum not exceeding half a
dollar for each day he fhall fo refufe or neglect ; and if any perfon or perfons chofen
overfeer as aforefaid, fhall refufe to act as fuch, or after accepting the fame, (hall
neglect or refufe to do and perform the duty thereof, fuch perfon or perfons fhall, at
the difcretion of the faid commiflioners or furveyors, or a majority of them, be fined,
in a fum not exceeding fix dollars for every fuch offence.
Perfons obftruc- X. And he it further enaHul, That if any perfon or perfons fhall at any time flop
ting or damag- a]ter cr m al1y wjfe damage, by flopping of water or by any means whatever,
hnow°taodSb?CF7 any of the rends, bridges, caufeways or paflages already laid out, or that may be
nifhed. hereafter laid out, cleared and erected by virtue of this or any former act or acts of
the general aflembly of this State, every fuch perfon or perfons fo offending, fhall
be fummoned by the commiflioners or furveyors of the diftricts or divifions wherein
any fuch offence fhall be committed, or a majority of them, forthwith to amend,
clear or repair the fame •, and in cafe of the rcfufal or neglect of fuch perfon or
perfons fo to do, fuch perfon or perfons fo offending fhall be fined in a fum not
exceeding thirty dollars 3 and the faid commiflioners or furveyors, or a majority of
them, are hereby empowered and required to hire and employ fuch a number of
hands as may be neceffary to attend, repair and clear the fame, and the expence of
fuch amendment, repairing, and clearing' fhall be defrayed and paid by the perfon
or perfons fo offending, neglecting or refufing as aforefaid ; which fine and expence
fhall, on fefufal of payment, be levied ort the goods and chattels of fuch offenders,
as in this act hereafter directed.
The width of XI. And be it enaBed, That the feveral roads already laid out, or to be laid cut,
roads. within the feveral diftricts or divifions, fhall be at lead twenty-four feet, and not
' exceeding thirty-fix feet wide.
■ * XII.
LAWS OF GEORGIA.
5°9
XII. And be it enabled, That if any perfon or perfons (hall by themfelves, their
Haves or fervants (for whom their refpective matters, owners, managers or employ-
ers Ihall be anfwerable) by any means whatever, obftruct or (top the paffage of any of
the roads, bridges, rivers or creeks in any divifion or diftrict within this State, or
hinder or forbid any traveller from going through or upon the fame, or obftruct or
oppofe the commiilioners or furveyors of fuch diviiion or diftricl:, the overfeers,
white perfons, free negroes, and mulattoes or Haves working in and upon or clearing
the fame, in fo doing or making ufe of any trees or timber, wood, earth, fand or
Hones, in or near the fame, for making, mending, or repairing the faid roads or
bridges, or any caufeways whatever, within the fame, fuch perfon or perfons fhall
forfeit a fum not exceeding forty dollars.
XIII. And for the better and more effectually carrying this act into execution,
Be it enabled, That the feveral commiflioners or furveyors to be nominated and ap-
pointed by virtue of this act, fhall meet yearly, and at fuch time or times as the
commiflioners or furveyors in the feveral divifions may appoint at the moft convenient
place within the refpective counties, or at the choice of fuch commiilioners or fur-
veyors ; and then and there determine all matters relating to the feveral roads,
bridges, rivers, creeks, caufeways or water paffages already laid out, erected,,
cleared or made, or which may be erected, cleared or made, and affign any particu-
lar part of the duty to be performed by any particular perfon or perfons, commiffioner-
or furveyor, and to appoint the time or times of working within their refpective
divifions or diftricts, and alfo to appoint other commiffioners or furveyors in the
room of any dying, departing the State, declining, refuting or neglecting to act, as
fhall be agreed upon and determined by a majority of the commiffioners then pre fen t.
XIV. And he it enacted^ That whenever the commiilioners or furveyors of any
diftrict or divifion fhall appoint ferries over the rivers or.creeks within the fame, the
faid commiffioners or furveyors fhall agree with a proper perfon to attend the fame,
who fhall provide a fufficient boat or flat for fuch ferry, and fhall fettle the rates to be
taken for the fame, which fhall be paid until altered by the general affembly : and
that in the agreement fos attending fuch ferry, the preference (hall always be given
to the proprietor of the land whereon the ferry fhall be eftablifhed ', but in cafe fuch
perfon fhall refufe accepting the charge of the faid ferry, the commiffioners or fur-
veyors may, and they are hereby empowered to lay out a piece of ground, not
exceeding two acres, for the ufe of the perfon or perfons who may accept the fame,
upon fuch perfon or perfons paying the owner or owners of fuch land a reafonable
yearly rent to be afcertained by three neighboring freeholders, to be chofen by the
faid commiffioners or furveyors, and the owner or owners ; except fuch ferries as are
already eftablifhed by law, any thing herein contained to the contrary notwithftandino;..
XV. And be it further enabled. That the commiffioners or furveyors within
their refpective diftricts, upon application being made to them by any perfon con-
cerned, fhall and they hereby have power to lay out any private path for the conve-
niency of any particular fettlcment, to the neareft public road or landing place,
which roads are to be cleared, opened and kept in repair folely by the joint propor-
tional
A. D. 1793.
No. 482.
Penalty for ob-
fhucung roads
&c. and imped-
ing the repair-
ing; of the fame.
The commiffi-
oners or furvey-
ors to meet an-
nually, in the
refpective couir
ties.
They may fettle
the rates of the
ferries eftablifh-
ed by them.
Empowered to
lay out private
■oaths.
How to be o-
pened f.nd kept
is repair.
5»io DIGEST GF T.K E
A, D. 1 793* tional labor and expcnce of thofe who may apply for, and ufe the fame in common,
ho. 483'. 0£ wnidi proportional labor and expence the faid commiflioners or furveyors are
declared to be fole judges : and any perfon or perfons fo liable to keep in repair the
faid private paths, who (hall refufe or neglect to keep the faid roads in repair as afore-
faid, fhall be liable to fuch penalties and forfeitures as are inflicted on perfons who
refufe or neglect to work upon the public roads.
Fines and affeff- XVI. And be it enabled, That all fines, afTefTments and forfeitures directed and
^recovered & inflicted by this act, fhall upon refufal or neglect of any perfon or perfons afTefTed or
applied. fined by virtue of the fame, be levied by warrant of diftrefs and fale of the offenders'
goods and chattels, under the hands and feals of a majority of the commiflioners or
furveyors of the diftrict. in which the fame fhall be afTefTed or be incurred, and directed
to any conftable within the county wherein fuch offender -{hall refide, and fhall be
paid into the hands of the faid commiflioners or furveyors, or any one of them, who
fhall apply the fame towards the repairs of the feveral roads, bridges and caufeways
within fuch divifion, and be feverally anfwerable for the fums by them received, to the
inferior court of the feveral counties, -and fhall make a return of the fum or fums of
money by them received as aforefaid, and of the particular bridges, caufeways or roads,
about which they have expended and laid out the fame or any part thereof, on the
firfl term of the faid courts in each year.
Commiflioners XVII. And be it enabled. That any furveyor or commiflioner to be appointed by
Habieto^'finefor vn"tue °f tnis ac% ma^ not daily and every day attend upon the roads within their'
non-attendance- refpective divifions or diftricts, during the term of working upon the fame, or when-
ever thereunto required by a majority of the commiflioners or furveyors of fuch divi-
fion or diftrict, or if any of the commiflioners or furveyors fo appointed, fhall, after
accepting fuch appointment, refufe or neglect to do and perform the duties required
of them by this act, fuch commiflioner fhall (at the difcretion of the other commifli-
oners or furveyors of his diftrict or divifion) forfeit and pay a fum not exceeding
twenty-five dollars ; this claufe not to extend to fine any commiflioner or furveyor
who after ferving as fuch by virtue of this act the fpace of two years, fhall chufe to
decline the faid office.
Surveys of the XVIII. And to prevent doubts and difficulties that might arife, Be it enabled, That
roadstobe made ^ feverai commiflioners appointed under and by virtue of this act, and their fuccef-
andmile poitsor rl J
ftones to be fee fors in office, fhall caufe an accurate furvey of the public roads within their refpective
diftricts or divifions, to be made, and a plan thereof delineated, with the djftance
and courfes of the fame laid down, and mile and direction ftones or pofts to be erected ;
Copy of fuch which faid plan fhall be kept in the hands of the faid commiflioners and their fucceflbrs,
lodged" in° the an^ a C0PV thereof fhall be lodged in the clerk's office of the inferior court j and the
clerk's office. expence of furveying and delineating the fame, and erecting fuch ftones or pofts,
fhall be defrayed by the faid commiflioners out of the monies arifing from fines and
penalties incurred by this act, any thing herein contained to the contrary notwith-
ftanding.
Theinferiorconrts XIX. And be it enabled, That the juftices of the inferior court fhall, at their firfl
nf certain counties, _ __ ., , - i 1 1 1 • r -1.
toappointcommif- iefhon or term, in the year one thoufand feven hundred and ninety tour, in the
ilioners, lay offdif- ' *
drifts etc. COUntieS
LAWS OF GEORGIA. pt
counties of Chatham, Liberty, Glynn, and Camden, and fuch others as may belaid A. D. 1793.
out of any part of the fame, proceed to appoint the commiffioners to each diftriel or Vo' 4%z-
divifion within their refpective counties, and they are likewife authorized and required
-to prefcribe and point out as many and fuch diftricts or divifions as to them (hall feem
meet and proper, having due regard to proportioning the faid diftrict fo as to divide
the labor and expence of the roads, bridges, caufeways and water paffages equally
among the citizens of the refpective counties ; and in cafe there ihould be no inferior
court held in the time of the fpring feffions, or fhould the commiffioners not be ap-
pointed at that time, the juftices of the inferior court or a majority of them fhall, as
fbon as may be, meet and appoint the fame.
XX. And be it enaBedy That if at any time after the pairing of this act, any number New roads to be?
of perfons fhall wifiv or defire a new road to be laid out, opened and cleared, they tThe^rTnd^
{hall advertife at leaft twenty days previous to the meeting of the fuperior court, in two ry-~ how to be-
or more public places in the captain's diftriel: or diftricts through which fuch road is vsn^L an *°"
intended to run, an accurate and full defcription of the road they wifh laid out, with
the places from whence, and whither they wifh it to lead, and a notice, that they
intend to apply to the grand jury at the next fuperior court for a recommendation of
the faid road, which recommendation being obtained and certified by an extract from
the minutes of the faid fuperior court, under the hand of the clerk thereof, fhall be
laid before the inferior court of the county wherein fuch road is prayed or defired,
who are hereby empowered and required to order fuch new road to be laid out, and
to determine and prefcribe the diftriel or diftricts of fuch road or roads, and forth-
with to appoint three commiffioners to each divifion, who will accordingly proceed to
lay out and caufe to be opened, cleared and kept in repair, fuch road or roads ; Prcr-
videdy That if the faid new road fhall not be of fufficient length or difficulty to form, ,
or require a feparate diftriel:, the faid inferior court may at their difcretion, allot the
fame to fuch other, diftriel or diftricts as may appear to them moft equal and fair..
XXI. And be it further enacled, That the regulations herein before mentioned fhall This aa to operate
not extend to, or be in force in any of the counties of this State, except the now Li'berty.Giynnand
counties of Chatham, Liberty, Glynn and Camden j* except as to the fines to be Except as to fines
impofed, and the manner of collecting the fame, and the mode and manner in which ^g^t'new"
for the future, any new road may be eftablifhed and laid out : And that an act, palled *■$&'*& ■<>? '792,
at Augufta, the twentieth day of December, in the year one thoufand feven hundred of the counties,
and ninety-two, entitled " An act. for the better regulating high roads and bridges/'
; fhall be and the fame is hereby declared to be in full force, except in the counties of
Chatham, Liberty, Glynn and Camden, and as before excepted- Provided, That Effingham--cer>
I the inhabitants of Effingham county, liable to work on Ogechee river, fhall not be tain cxcmPtio"s
° . on account or
; obliged to work more than four days in the year, on the roads within the refpective working oh 0= -
! diftricls to which they belong. Sechte-
WILLIAM GIBBONS, Speaker of the Houfe of Reprefentatives,
BENJAMIN TALIAFERRO, Prefdent of the Senate.
GEORGE MATHEWS, Governor..
December 9, 1 7 93 . .
An''
* Alfo in force in Bryan and M'Intofh. See a<ft of 1797, Ncf. 597.
5!2
A. D. 1793-
Ko. 483.
4
Preamble.
DIGEST OF THE
e
Enacted.
Cor.miilTioners
of Wilkes aca-
demy— empow-
ered to difpofe
of town com-
mon o± Wafh-
ington.
Provifo.
An AH to difpofe of the common of the town of Waflnugton, in th
county of Wilkes.
"W THEREAS by an zci, entitled " An aft for laying out the feferved iand in the
VV ' *°wn of A«g.ui», into acre lots, and the ereding an academy or feminary
# 'learning, and for Jther purpofes therein mentioned," pafled the thirfy-firft day
of Au-uft, one thoufand fcven hundred and eighty-three, among other things com.
miff.oners were appointed to lay off and difpofe of the lands or lots of the town of
Wafhington, in manner and form as the faid ad particularly direded :
And whereat, the faid commiffioners did, in purfuance of the faid acT, difpofe of
faid lot-, and take certain Heps towards building an academy, and did employ pro-
feffors and teaches for the inftruaion of youth in faid academy^ whereby confider-
able fums are by the laid commiffioners owing to individuals, which they, in juftice
and good faith, wifh to pay : .
And wherins, a certain quantity of faid land or lots, was by the faid commiffioners
referved as a common to the faid town of Wafhington, the timber whereof is already
confuted, nor is the faid common of any ufe to the lot-holders in faid town:
I. Be it therefore enaded by the fenate and houfe of reprcfentaiives in general ajfembly
rut, and by the authority of the fame, That it (hall and may be lawful, and is the duty
■ of the commiffioners of the faid academy in the faid town of Wafhington, they, or
their fucceffors in office to admeafure, lay off, fell and difpofe of the faid referve or
common, in the fame manner the lots in the faid town of Wafhington were dtfpofed
of bv the above recited aft, (excepting the improvements required by faid aft.) And
th- faid commiffioners, or thei# fucceffors, are hereby authorized to execute -deeds
or titles to the faid lots, in fee fimple, to the refpedive purchafes, in as full and
ample a manner as the State does or can do. Provided, That no title fhall be made
to any lot by this aft to be fold, before good and fufficient fecurity be taken for the
purchafe money : And on failure of taking fuch fecurity, the commiffioners execut-
ing fuch titles, their heirs, executors or adminiftrators, (hall be liable to any creditor
for the purchafe money, with lawful intereft, to be recovered for the ufe of the
faid academy. ,
WILLIAM GIBBONS, Speaker of the Houfe of Reprefentatives.
BENJAMIN TALIAFERRO, Prefdent of the Senate.
GEORGE MATHEWS, Governor.
December 1 4, 1793-
No. 484.
An AB to lay out a county out of part of the counties of Burke and
Effingham.
New county to I. T> E it enacled by the fenate and houfe of reprefentatives of the State of Georgia in
be laid out of W% ventral afembly met, and by the authority of the fame, That a new county lnalJ
Kim.1111 Ef' be laid off out of part of the counties of Burke and Effingham, in the following
manner : A line (hall be run beginning at the mouth of Rooty Branch, on bavan-
naf)
LAWS OF GEORGIA.
5*3
nah river, near Nathaniel Lundy's, to run in a dire£t courfe to the mouth of Little A. D. 1793,
Ogechee j and in the fame direction, from thence to Canouchee; another line (hall be No- 4§4-
run, beginning at Somerlin's ferry, on Savannah river, to run in a direct courfe from
thence to the junction of Buck-head creek and Ogechee river ; and from thence up the
faid river to the dividing line between Wafhington and Effingham ; from thence along
the faid line to Canouchee and down that ftream to where the firft mentioned line
ftrikes it. And all that part of Burke and Effingham counties comprehended within,
and lying between the faid lines, and between Savannah river and Canouchee, not
above or below the lines aforefaid, mail form a county, and be known by the name
of Scriven ; And that Paul Bevil, William Skinner, and John Lott, fenior, fhall be, Named Scri-ven-.
and they are hereby appointed commiffioners,* and they or a majority of them are 0f° court 'houfc
veiled with full power and authority to fix on the molt central and convenient and ga»l «p-
place within the faid county, at which the courts and elections fhall be held, as -
foon as fuitable buildings are erected thereat. And the faid commiffioners, or a ma-
jority of them, are authorized and empowered to contract with fit and proper perfons,
for the purpofe of building a court houfe and gaol in the county aforefaid, which,
after at leaft thirty days notice, fhall be let to the loweft bidder. Provided, That Ejection <;& courts
until the court houfe fhall be erected, the elections and courts for faid county fhall mcaatmeadto.
be held at the houfe of Benjamin Lanier.
, II. And be it further enacted by the authority aforefaid. That the juftices of the in- Inferior court to
ferior court for the aforefaid county of Scriven, to be hereafter appointed, fhall be,. [ay ,a "un'y tas-
J ' . . . t0 PU1™ court
and they are hereby authorized and empowered to lay a tax on the inhabitants of the houfe and gaol..
aforefaid county of Scriven, which fhall not exceed two hundred and fifty pounds,
for the purpofe of erecting a court houfe and gaol for the county aforefaid.
III. And be it further enacted by the authority aforefaid, That the furveyor to be ap- CQuntyfurveyor*
pointed for the faid county, fhall run the lines aforefaid, in order that the boundaries t0 run lines*
thereof may be afcertained ; and that the charges thereof fhall be paid by the inferior
court of the faid county, to be levied as in this act directed.
IV. And be it further enafted by the authority aforefaid. That the electors in the Scriven entitled
county of Scriven fhail be entitled to fend onef reprefentative to the general alTem- Sj^ereBre ent"'
bly, which fhall be apportioned from, and taken out of the prefent reprefentation, al-
lowed by the conftitution to the county of Burke.
V. And be it further enacted, That all fuits already commenced in the aforefaid Suits brought —
county of Scriven, fhall continue and be profecuted in the counties of Effingham duded? * ""^
and Burke, until the courts of the county of Scriven aforefaid, are properly organ-
ized, and fuch juftices of the former counties of Effingham and Burke, as may fall Juftices already
within the county of Scriven, fhall continue to exercife their refpective appointments, continue to"a&
WILLIAM GIBBONS, Speaker of the Houfe of Representatives.
BENJAMIN TALIAFERRO, Prefdent of the Senate.
GEORGE MATHEWS, Governor.
December 14, 1 793*
T t t An
* Other commiffioners appointed by act or 1797, No. 587, with -power to fix on the feat of public feuiidinggs
f Reprefentation to be according to the enumeration. See conftitution of 1798.
'4
DIGEST OF THE
A. D. 1793.
No. 485.
Preamble.
Enadled.
Quarantine— »
when & in what
manner to be
performed.
-Commanders or
mailers of veffels
or other perfons
not complying
with the fame,
fubjecT: to fine —
.in what manner
to be otherwile
. treated.
An Acl to oblige veffels and perfons coming from places infecled ivith
epidemical diftemper s to perform quarantine, and to prevent the
bringing into, and fpreading malignant and contagious diforders in
this State.
HEREAS it is highly neceffary to preferve the health of the inhabitants of
this State, that veffels, perfons or merchandize coming from places infected
with malignant or epidemical diftempers fhould perform quarantine, and means
adopted to prevent the fpreading of fuch diforders.
I. Be it therefore enacfed by the fenate and houfe of reprefentatives in general affembly
met, and by the authority of the fame, That when any county fhall be infected with the
plague, or other malignant diftemper, all veffels, boats, perfons and goods, fhall be
fubjecl- to, and be liable to perform quarantine, as is in this act directed ; and during
fuch quarantine, no perfon or perfons coming, or goods imported in any fuch fhip,
veffel or boat, fha!l come on fhore, or go on board any other fhip or veffel, or boat,
or be landed or put into any other fhip, or veffel, or boat, in any place within this
State, other than fuch place as fhall be appointed for that purpofe; nor fhall any per-
fon go on board any fuch fhip, or veffel, or boat, without licenfe firft had and obtained,
in writing, under the hand of fuch perfon or perfons who fhall be appointed to fee
quarantine performed ; and the faid fhips, or veffels, or boats, and the perfons and
goods, coming and imported in or going on board the fame, during the time of
quarantine, and all fhips, velTels, boats and perfons, receiving any perfons or goods
under quarantine, fhall be fubjeet to fuch orders, rules and directions, touching
quarantine, as fhall be made by the authority directing the fame.
II. And be it further enabled by the authority aforefaid, That if any commander or
matter, or other perfon taking the charge of any fhip, or veffel, or boat, coming
from any place, infected as aforefaid, fhall go himfelf, or permit or fuffer any fea-
man or paffenger to go on fhore, or on board any fhip, or vefTel, or boat whatfoever,
during the quarantine, or until fuch fhip, or veffel, or boat, fhall be difcharged from
quarantine, without fuch licenfe as aforefaid, then, and in all fuch cafes, the perfon
offending fhall forfeit and pay for every fuch offence the fum of one hundred pounds
fterling, to be recovered by action of debt, bill, plaint or information, in any of the
courts of this State, and to be for the purpofe of building of a pelt houfe ; and the
judges of any of the faid courts, are hereby empowered to allow fuch reward to the
informer or informers (if any there fhall be) out of the faid fine, as in their judg-
ment they fhall fee fit, fo as the fame fhall not exceed a moiety of the fine levied :
And if any perfon or perfons whatfoever, who fhall arrive in any port or place within
this State, in any fhip or veffel, or boat, which fhall, by reafon of his coming from
any country or place infected with any contagious diftemper, be obliged to keep
quarantine, fhall quit fuch fhip, or veffel, or boat, by coming on fhore, or going on
board any other fhip, or veffel, or boat, before or while under quarantine, it fhall
and may be lawful for the perfon or perfons appointed to fee fuch quarantine duly
performed, and they are hereby required to compel fuch perfon or perfons to return
■ on
LAWS OF GEORGIA. $i5.
on board fuch fhip, or veffel, or boat, and there to remain during the time of qua- A. D. 1793.
rantine, and fuch perfon or perfons, fo leaving fuch fhip, or veffel, or boat and No- 4S5-
being thereof, after the expiration of his quarantine, convicted by one or more cre-
dible witnefs or witneffes, before any one juftice of the peace, living near the place
where the offence fhall be committed, and three freeholders, fworn to try the truth
of the faid charge, fhall forfeit and pay into the hands of the faid juftice, the fum
of fifty pounds fterling, one third thereof fhall be for. the informer,, and the remain-
der, after the neceffary expences are difcharged, fhall be applied as herein before
provided j and in default of fuch payment, it fhall be lawful for the faid juftice to
commit fuch offender to one of the public gaols of this State,, for any time net
exceeding twelve months, nor lefs than fix months.
III. And be it further enaBed by the authority afore/aid, That if any perfon or Perfons coming
perfons whatfoever, fhall prefume to go on board, and return from fuch fhip, or onff £™j ^X
veffel, or boat, required to perform quarantine, without a licenfe as aforefaid, every to like fine &c,
fuch offender fhall be compelled, and in cafe of refiftance, by force and' violence be
compelled, by the perfon or perfons appointed as aforefaid, to return on board fuch
fhip, or veffel, or boat, and there to remain during the time of her quarantine, and
fhall afterwards be liable to the fine or imprifonment as herein before directed in cafe
of perfons quitting a fhip, or veffel, or boat,, performing quarantine, and to be
difpofed of as in that cafe provided ; and the mafter of fuch fhip,.. or veffel, or. boat,
is hereby obliged to receive and maintain fuch perfon on board accordingly.
IV. And be it further enaBed by- the authority aforefaid. That it fhall and may be The fuperinten-
lawful for any officer of the cuftoms, or fuch as fhall be appointed to take care that dantsof cParan*-
J ' rr _ . _ tine — their
fuch quarantine be duly performed, to feize any boat or fkiff belonging, to fuch powers.
fhip or veffel, or which fhall therewith be found, and to detain the fame until the
quarantine fhall be performed ; and in cafe any officer or other perfon instructed as
aforefaid, fhall voluntarily fuffer any Teaman belonging to fuch fhip, or veffel, or
boat, or any paffenger therein, to quit fuch fhip, or veffel, or boat, while under
quarantine, every fuch offender fhall forfeit and pay the fum of one hundred pounds
fterling for every fuch offence, one third thereof to the informer, and the remaining
part thereof to be applied as herein before directed, to be recovered in any of the
courts of this State with cofts of fuit.
V. dnd be it further enaBed by the authority aforefaid, That after the quarantine After due per>-
fhall have been duly performed,, according to the directions of this act, and upon ^J^rehewed^ '
proof to be made by oath,- of the mafter or other perfon having charge of the faid
(hip, or veffel, or boat, and two of the perfons belonging to the faid fhip, or veffel,
or boat, before any one of the juftices of the peace of this State, that fuch fhip,
or veffel, or boat, and all and every perfon therein, have duly performed the quaran-
tine as aforefaid, and that the fhip,. or. veffel, or boat, and all the perfons onboard
are free from any infectious diftemper, then in fuch cafe, fuch juftice is hereby
required to give a certificate (gratis) thereof, and thereupon fuch fhip, or veffel, or- '
boat, and all and every perfon therein, fhall not be liable to any further reftraint, by
reafonof any matter or thing contained in this act.
Si6 DIGEST OF THE
A. D.i 793- VI. Provided neverthelefs, and it is hereby enabled. That the goods imported in fuch
■Goods brought fhips, or veffels, or boats, fhall after fuch quarantine performed, be opened and
in fuch veffels, ajreci \n fUch places and for fuch time as fhall be directed concerning- the fame.
to be aired. r °
How to prevent VII. And be it further enabled by the authority aforefaid, That whenever the governor
the fpreading of or cornmander in chief for the time being, fhall find it neceffary to give any orders
contagious ail- , . . . , '. .
.cafes, or directions for preventing any contagious diflemper being brought into this State,
or from any part of this State infe&ed therewith, into any uninfected part of this
State, by perfons travelling by land or by water, it fhall and may be lawful for the
faid governor or commander in chief, by proclamation for that purpofe to be iffued,
to prohibit all and every perfon or perfons coming from fuch inferred places, to enter
into or come within fuch bounds, limits, or lines, as fhall be in fuch proclamation
defcribed, for and during fuch time as fhall be therein mentioned, and to appoint
boats and centinels to put the fame in due execution ; and the perfons appointed
and every of them, fhall have the fame power to compel ;-.ny perfon attempting to
pafs through or within fuch bounds, limits or lines, to return as is by this act given
to the perfons to be appointed for feeing quarantine duly performed, and fhall be
liable to the fame penalties, for fufFering perfons wilfully to pafs through or within
the fame ; and all and every perfon or perfons wilfully paffing through or within the
faid bounds, limits or lines, fhall be liable to the fine or imprifonment herein before
directed, in cafe of perfons quitting any fhip, veflel or boat, performing quarantine,
and to be difpofed of as in that cafe provided.
The duty of pi- VIII. And be it further enabled by the authority aforefaid, That from and after the
kts— to make pamng 0f this aft, the pilot or pilots belonging to the feveral ports of this State,
to health of all do, before his or their entering on board any fhip or vefTel defigned for this State,
per ons coming ma]ce ftricl; enquiry of every mafler or commander of the fame, whether the plague,
fmall pox, malignant fever, or any other contagious diflemper, be in fuch fhips or
veffels ; and every fuch mafler or commander is hereby flri£lly enjoined, without
equivocation or referve, to give jufl and true anfwers to all fuch enquiries of the
pilot or pilots, under the penalties hereafter mentioned and exprefied, and in cafe
the faid pilot or pilots fhall, upon enquiry as aforefaid, find that the plague, fmall
pox, malignant fever, or any other contagious diflemper, be in fuch fhip or vefTel,
fuch pilot or pilots are hereby flri£lly forbidden and prohibited from entering therein,
•"Penalty for re- on any pretence whatever. And if the mafler or commander of any fhip or vefTel,
fufing to anfwer or anv doc}orj officer, or foremafl man belonging thereto, fhall refufe to anfwer, or
give any untrue anfwer to any pilot or pilots, relating to the healthinefs of all perfons
on board the faid fhip or vefTel, or fhall refufe to be fworn or affirm to, or to anfwer
fuch queflions as may be put to him by the health officer, or other perfon having au-
thority fo to do, fuch mafler or commander, or fuch do£lor, officer, or foremafl
man, fhall forfeit and pay the fum of one hundred pounds fterling, to be recovered
and applied as herein before mentioned.
The corporation of IX. And it further enabled, That the quarantine of any perfon or veflels, or of their
jate the duration goods, fhall be of fuch duration, and in fuch places, and under fuch regulations as
Liming quaran- fhall be devifed and held expedient, fo far as refpe£ls the arrival of veffels or perfons
.tine in Tybee and *■■'*■* A
^Yafiaw inlets. jri
LAWS OF GEORGIA. 5i7
inTybee and Waflaw inlets and rivers thereof, under the infpection of the corpora- A- D- x793-
tion of Savannah ; and fo far as refpects other inlets or rivers in this State, under How to be re-
the infpection of the juftices of the county or commiflioners of the town, adjacent rivm&'inle^s1'
to fuch inlet or river, or commiflioners of pilotage of fuch port as the cafe may
happen j and fuch coi-poration, juftices or commiflioners, are hereby fully authorized
to fix fuch centinels, guard-boats and to ufe all and every means in their power to
enforce this law for the purpofes intended. 4
X. And be it further enacled. That on the notification of fuch corporation, juftices The governor
or others herein empowered, after notifying to the people of the diflrict they live fuch regulations
in, of the neceffity of ordering quarantine to be performed, forthwith to tranfmit by >3 to enforce the
exprefs, or poft, an exact account and ftatement thereof to the governor or com- mation,
mander in chief for the time being, who is directed to publifh the fame by procla-
mation, enjoining and requiring a due obedience to the rules adopted for the pre-
venting contagious diftempers being fpread in this State, and a due obedience of the
duties required of fuch regulations accordingly.
XI. And be it further enaffed, That the health officer for the port of Savannah, Fees of the heaidt
and the vifiting phyficians of any other port, that fhall vifit any vefTel or vefTels,
and grant a certificate of the health of the crew and paflengers on board, or vifit
the fame if directed fo to do, under this law, fhall be entitled to have and receive
the following fees from the captain or owner of fuch vefTel, before fuch vefTel fhall
be permitted to enter : For every fhip, fnow, brig or bilander, two dollars ; for
every fchooner, floop, perriauger or boat, one dollar j coafting vefTels coming from
one inlet in the State to another inlet in the fame, excepted.
XII. And be it further enabled. That from and after the paffing this act, every Negroes imported.-
mailer or commander of any fhip or vefTel, who fhall arrive in this State with any be UndedT"'
negroes on board, exceeding ten in number, from Africa or elfewhere, (hall, before
fuch fhip or vefTel be permitted, upon any pretence whatever to enter, be obliged to
land and put on fhore all fuch negroes, there to remain for and during the term of
ten days, and fhall fufTer them to be and remain on fhore at leaft fix hours, in fum-
mer, and five hours in winter, in each of the faid ten days, at the parties own elec-
tion, for the better purifying and clearing the faid fhip or vefTel, and flaves, from
any malignant or contagious diftemper, any law, cuftom or ufage, to the contrary
notwithstanding.
XIII. And be it further enabled, That in cafe any negroes imported or brought into To be forfeited
this State, fhall be fold, landed or put on fhore in any part of the State, before fuch !f °jhjrwirei j
negroes fhall have been landed, and remained on fhore at leaft ten days, or five days,
or fix hours, or five hours in thofe days, agreeable to the direction of this act, all
fuch negroes fhall, and they are hereby declared to be forfeited, one third to the
informer or informers, and the remaining two thirds to the ufe of a peft houfe.
XIV. And it is hereby declared enabled, And an appropriation made of all monies NeceSTary est
that fhall be expended by any of the powers or conftitutioned authorities, that fhall ^^t"™^hoW
arife from enforcing this act, and the fame fhall be defrayed by the government of
this
5i8
DIGEST OF THE
A. D. 1793.
No. 485.
Repealing claufe.
this State, and charged to the contingent fund thereof; all former laws refpe&ing
performing quarantine, and to prevent the fpreading contagious diftempers, fo far
as relates. thereto, are hereby repealed.
WILLIAM GIBBONS, Speaker of the Houfe of Reprefentatives.
BENJAMIN TALIAFERRO, Prefdent of the Senate.
GEORGE MATHEWS, Governor.
December 17, 1793.
No, 486. An Acl to incorporate the Savannah ajfociation of mechanics.
preamble.
Enacted.
Savannah afibci-
ation of mecha-
nics incorporat-
ed.
Provsfo.
Their pcvcra
defined.
"HEREAS William Lewden, prefident ; David Mofes Vollaton, vice-rprefi*
dent; John Peter Lang, iecretary ; Balthafer Shaffer, Thomas Palmer,
John Plerb, George Farries, Simon Connor, John Glafs, William Henry Spencer,
Jofeph Roberts, Paul H. Wilkins, John Eppinger, Ezra Plummer, Peter Miller,
James Simpfon, John Armour, David Gugel, Daniel Gugel, John Trever, James
Shaw, Nathaniel Lewis, Michael Afper, Jofeph Dunlap, Gabriel Leaver, Elifha
Elon, John Cole, John Miller, James Clarke, and Benjamin Bennet, have by their
petition reprefented, that they are mechanics of different trades, redding in the city
of Savannah; that they are defirous of placing their various crafts on a more focial
and refpectable footing than heretofore, and of eftablifhing by their united exertions
and contributions, a lading fund for the relief and fupport of fuch of their unfortu-
nate brethren, or their families, as are or may become objects of charity ; and for
thofe purpofes have voluntarily united, and formed themfelves into a fociety under
the ftyle and name of The Savannah ajfociation of mechanics. And in order to infure
and eitablifh their laid inftitution in a permanent and effectual manner, fo that the
charitable and beneficial objects thereof may be executed with fuccefs and advantage,
have prayed the legiflature to grant them an a£t of incorporation.
I. Be it therefore enabled by the fenate and houfe of reprefentatives of the State of Georgia
in general afembly met, and by the authority thereof That the feveral perfons herein be-
fore named, and others who are or may become members of the fociety before men-
tioned, rtfpeclively, the officers and members thereof, and their fueceffors, fhall be,
and they are hereby declared to be a body incorporate, in name and deed, by the ftyle
and denomination of the prefident and vice-prefident of the Savannah affociation of
mechanics ; and by the faid name and ftyle, fhall have perpetual fucceffion of officers
and members, and a common feal to ufe ; and fhall have power and authority to make,,
alter, amend and change fuch by-laws as may be agreed on by the members of the
fame. Provided, fuch by-laws be not repugnant to the laws or the conftitution of
this State or the United States, or to the laws and ordinances of the city of Savannah
aforefaid. And provided- al/b, That the fociety fhall not confift of more than feventy-
five, or lefs than twenty members, who fhallall be refidents of the faid city of Savan-
nah, and citizens of the United States.
II. And be it further enabled by the authority aforefaid. That they fhall have full
power and authority, under the ftyle and name of the ..prefident and vice-prefident of
the
LAWS OF GEORGIA. 519
the Savannah aflbciation of mechanics, to fue for, and recover all fuch fum or funis A. D. 1793.
of money, as now are or may hereafter become due the faid fociety, by any name or No- 486.
ftyle whatever, in any court of law, or at any tribunal having jurifdid ion thereof;
and the rights and privileges of the laid fociety in any court or at any tribunal whatever,
to defend, and alio to receive, take, and apply fuch bequefts or donations as may be
made, to and for the ufes and purpofes intended by the faid inftitution ; and fhall be,
and are hereby declared to be vefted with all the powers and advantages, privileges
and emoluments of an aflbciation or fociety of people incorporated, for the purpofes
and intentions of their faid aflbciation.
III. And be it further enabled, That this act fhall be, and is hereby declared to be, Public a<a. .
deemed and confidered a public ac"t, to all intents and purpofes whatever.
WILLIAM GIBBONS, Speaker of the Houfi of Reprefentatives.
BENJAMIN TALIAFERRO, Prefident of the Senate,
GEORGE MATHEWS, Governor.
December 16, 1793.
An Atl to fecure to William Thompfon and Thomas M( Call, for the term often years , the No. 487.
fole and exclufive right of running a line of fl age-carriages between the city of Savannah
and town of Augujla.
December 16, 1793.
This aft not having been carried into effeB — repealed by aEt 0/1796, No. J71-.
An Ac~l refpe Sling bajiardy and other immoralities. No. 488.
I. 3 -^ & enabled by the fenate and houfe of reprefentatives of the State of Georgia in
1 f general afembly met, and by the authority of the fame, That any juftice of the The white wo-
jeace in any county within this State, who of his own knowledge, or on informa- J"^ orpine"
tion to him on oath made, of any free white woman having a baftard child, or being pregnant & iia-
pregnant with one, which it is probable will become chargeable to the county, he chearffeaMe°to
may thereupon caufe a warrant under his hand and feal, directed to the fherifF the county — in
or any conftable of the faid county where the cafe may arife, and oblige the offender be treated.
to be brought before him to give fecurity to the inferior court of the county, in the
fum of one hundred and fifty pounds for the fupport and education of fuch child or
children till the age of fourteen years, or to difcover, on oath, the father of fuch The fatherwhen
baftard child ; which being done, the faid juftice fhall iflue his warrant in like man-- ffb°7re^etr*
ner, to bring before him the perfon fworn to be the father of fuch child or children,
fo born or to be born, who, on refufing to give fecurity for the maintenance and
education of fuch child or children, until they arrive to the age of fourteen years,
and alfo the expence of lying-in with fuch child or children, boarding, nurfing, and
maintenance, while the mother of fuch child is confined by reafon thereof; that
then it may and fhall be lawful for the faid juftice to bind over fuch delinquent in a
fufficient recognizance, to be and appear before the next fuperior court which may
be
52o
DIGEST OF THE
A. D. 2793. hi held in the faid county : And it (hall be the duty of the attorney or folicitor-gene-
No. 488. rai to prefer a bill of indictment, to be laid before the grand jury, to anfwer to fuch
complaint as may be then and there alledged againft him, touching the premifes.
Such women re- II. And be it further enacted, That in cafe die woman who fhall have been deli*.
withSthe °tTrms vered, or is likely to be delivered, when brought before a juftice, vefufes to difcover,
of this ad. may 0n oath, the father of fuch child or children fo born, or to be born, or give fuch
fecurity to appear before the next fuperior court, to be held in and for the faid county,
and to give fuch fecurity as may be then and there required of her by the faid court
for the maintenance and education as aforefaid, of the faid child or children ; and
then it fhall be lawful for the juftice to commit her in manner and form aforefaid,
as pointed out by this act : And in cafe of her refufing to make known to the faid
court the father of fuch child, or give fecurity as aforefaid, that then it may and
fhall be lawful for the faid court to imprifon her, not exceeding three months.
III. And whereas., it is highly injurious in civilized fociety, that men or women
fhould live in adultery or fornication together: Be it further enabled by the authority
Adultery & for- aforefaid, That from and after the paffing of this acl, that any man or woman who
toCbe° nntfbed ^a^ ^ve toget^er m n^e manner, it lhall be the duty of any of the neighboring
juftices, if within their knowledge, or upon information to them on oath, that fuch
man and woman do live in adultery or fornication, he fhall thereupon caufe the faid
man and woman to be brought before them or either of them, whofe duty it fhall be
to bind them over to appear at the next fuperior court ; and the attorney or folicitor-
general fhall then and there prefer a bill of indictment againft both the man and the
woman, and on conviction thereof they fhall pay for the firft offence a fum not
exceeding twenty pounds ; and for the feeond offence a fum not exceeding fifty
pounds ; and for the third offence a fum not exceeding one hundred and fifty pounds ;,
and fland committed to gaol, until all and every of the feveral fums impofed as;
aforefaid fhall be paid, or continue therein not exceeding twelve months.
WILLIAM GIBBONS, Speaker of the Houfe of Representatives
BENJAMIN TALIAFERRO, Preftdent of the Senate.
GEORGE MATHEWS, Governor.
December 16, 1793.
No. 489. An Acl to divorce and feparate Andrew Maybank and Mary his iuifet and for protecting
each of them in their refpetlive e/iateSo
December 16, 1793.
Private.
No. 490. An Atl for preventing controverfies concerning the bounds of landsr and for procejfioning the
fame*
December 17, 1793.
Repealed by uS of 1 798,. -No. 6l$*
An
LAWS OF GEORGIA. 521
An Acl to vejl certain powers therein mentioned voith the commiffioners A. D. 1793.
of the port and pilotage of the river Savannah.
No. 491.
"HEREAS it is thought expedient, from a late furvey of the river Savannah, Preamble,
that a greater body of water fhould be thrown into the main channel.
I. Be it therefore enabled by the fenate andhoufe of reprefentatives of the State of Georgia Enacted.
in general affembly mett That from and immediately after the gaffing of this law, the onerSSep6rt
commiffioners of the port and pilotage of the river Savannah, are hereby authorized ar>d pilotage of
, 1 r r \ . rr r Savannah river,
and empowered to turn and alter any water courle or couries, to make cut-ofts from vefi.ed whhcer-
river to river, and from creek to creek, fo that the fame be confined within the upper fain Povyers to
* * * *■ improve the cnan-
point of the fouth end of Argyle ifland, on the main dream of the faid river, and to nel of tbe fime*
the mouth thereof; any law to the contrary notwithflanding.
WILLIAM GIBBONS, Speaker of the Houfe of Reprefentatives.
BENJAMIN TALIAFERRO, Prefdent of the Senate.
GEORGE MATHEWS, Governor.
December 1 7, 1 793*
An Act to lay out a county out of the part of the counties of Wafhing- No. «2.
ton and Greene.
I. 3 E it enabled by the fenate and houfe of reprefentatives of the State of Georgia in Ntw county laid
O general affembly mety and by the authority of the famet That a new county ?j °"^ &Gxe -
{hall be laid off out of part of the counties of Wafhington and Greene, in the follow-
ing manner: A line fhall be run beginning near Alexander's mill, on the north fork Boundary,
of Ogechee, to run in a direct courfe to Fofter's plantation, on the Oconee river ;
thence down the fame to the mouth of Buck creek, near the Rock landing; thence
a direct line to where the lower trading road crofTes Town creek, from thence with
a road leading from the Rock landing to Georgetown, to where the fame crofTes the
river Ogechee, thence up Ogechee to the beginning; and all the part of the counties
of Wafhington and Greene comprehended within, and lying between the faid lines
and boundaries, fhall be a county, and known by the name of the county of Hancock: Named Hancock.
and Harmon Reynolds, Mathew Rabon, James Adams, Abraham Miles, and Commiffioners
John Mitchell, (hall be, and they are hereby appointed commiffioners, and they or °f«>ur^houfe
a majority of them, are veiled with full power and authority to fix on the mod con-
venient and central place within the faid county, at which courts and elections (hall
be held, as foon asfuitable buildings are erected thereat. And the faid commiffion-
ers, or a majority of them, are hereby authorized and empowered, to contract with
fit and proper perfons for the purpofe of building a court houfe and gaol in the
county aforefaid ; which, after at leaft thirty days notice, fhall be let to the lowed
bidder. Provided^ That until the court houfe fhall be erected, the courts and elec- Provifo.
tions for faid county fhall be held at the houfe of John Whatley's. onTto be heidVn
II. And be it further enabled by the authority aforefaid. That the iuftices of the J°hn whariey's.
. ri 11 Inferior court to
inferior court of the faid county are hereby authorized and empowered to levy a levy a county tax.
U u u tax
5:22
DIGEST OF THE
A.D; 1793.
No. 493.
The county line
— how to be run
and paid for.
Civil & military
officers to hold
their appoint-
ments.
No. 493-
Ho, 494.
tax* on the inhabitants- and taxable property within the fame, for the purpofe of erect-
ing a court houfe and gaol as aforefaid, which {hall be, done in fuch a manner as irt;
the judgment of the court Ihall be leaft burthenfome to the inhabitants-
Ill. And be it- further enabled by the authority cforefaid, That Henry Graybill {hall be,
and he is hereby appointed to run the upper and lower lines bounding the faid coun-
ty j and that the charges thereof {hall be paid by the inferior court of the faid county,
to be levied as in this a£r. directed.
IV. And be it further enabled by the authority aforefaid \ , That all civil and' military
officers within the boundaries of the faid county,, fhall be, and: they are hereby con-
firmed in their commiffions".
WILLIAM' GIBBONS, Speaker of the Houfe of Reprefentatives^
BENJAMIN TALIAFERRO, Prefident of the. Senate
GEORGE MATHEWS, Governor,.
December 17, J 793-
* See.acT: of 1796, No-. 555, authorizing, inferior^courts to levy county tax j
John Fox and
Wilii3m Jones,
reftored to citi-
zenlbip.
An Aft to- repeal an aft, entitled " An aft for inf idling penalties om,.
and conffcating the eftates of fuch perjons as are therein declared'
guilty of treafon, and for other purpofs therein mentioned ;" fofar--
as refpecls the bani foment of George, Baillie, . of Chatham county
merchant, a perfon therein named..
II; A ND be it further enabled by the authority aforefaid, That air difqualifications >
/j^ laW on the perfons of John Fox and William Jones, by the act of core-
fifcation and baniffrment, paffed at Augufta, the fourth day of May, one thoufand
feven. hundred and eighty-two^ be, and the fame are fully taken off, and they are
hereby reftored to allthe rights and privileges of citizenfhip; except- that nothing
herein contained fhall extend to authorize a recovery of property fold o* appropriated
by the public, belonging to the faid John Fox and William Jones, under the act
aforefaid. . WILLIAM GIBBONS, Speaker of the Houfe of Reprefentativer. .
BENJAMIN TALIAFERRO, Prefident of the. Senate.
GEORGE MATHEWS, Governor,.
December. 17, 1793*
The governor may
order out mounted
infantry or ride
men, in rielence of
the frontiers.
An Aft fupplementary to an dc% entitled " An acl to revife and amend
the militia laiv of this State, and to adapt. the fame to the aft of the
congrefs of the United States ;y paffed the eighth day of May, one
thoufand fefven hundred and ninetyrtivoy entitled* " An aft more
effeftually to provide for the national defenc by eflablifhing an uni*
form militia throughout the* United States."
E it enabled, That the governor fhall have power and authority to order out-
as many companies of mounted infantry- or riflemen -, from time to time,
a*
\
LAWS OF GEORGIA, 523
as may be neceffary for the defence of the frontiers ; who fhall be allowed only the A. D. 1793.
pay and and rations of footmen, with the addition of forage. Provided alfo, That Ptovk?' 494'
no fuch companies of mounted infantry or riflemen (hall be continued in fervice ^sat'one^ime.30
more than thirty days at one time.
II. And be it further enaBedy That any perfon or perfons not herein excepted, Officers and pri-
neglecHng or refufing to perform his tour of duty, when called into fervice by the perform' "thck
authority of his excellency the governor, under and by virtue of the laws of this tour of duty-
State, if a commiffioned officer in perfon, or if a non-commiffioned officer or private, cee^ed aeainft.
either in perfon or by fubftitute, fhall, if a commiffioned officer, be cafhiered, and
fined in a fum not exceeding onj year's pay, nor lefs than one month's pay ; and if
a non-commiffioned officer or private, in a fum not exceeding one year's nor lefs than
one month's pay, for each negledt or default, at the difcretion of a court martial to
be held for the trial of all and every fuch offenders, and recovered in the manner
pointed out in the aforefaid a£t : And all fuch fines fhall be paid to the major of the Fines— -how to
regiment or battalion to which the defaulter or defaulters belong ; who fliall there- e afP ie
from provide a fufficient quantity of powder for the ufe of the regiments and batta-
lions on regimental or battalion mufters, and pay the overplus into the public treafury
within fixty days after the receipt of the faid fines.
III. . And be it further enaBedy That no officer, except the commander in chief, Courts martial
ordering an arreft, fhall appoint a court for the trial of the perfon or perfons fo p°errfones 'under
arrefted ; but fhall notify the faid arreft to the officer next in command, who fhall arreft— how t<»
order a court for the trial of the perfon or perfons arrefted as aforefaid. e app°
IV. And be it further enaBedy That when any officer fhall be cafhiered, he fhall a cafhiered officer
not be eligible to hold any commiffion for the term of three years thereafter. commiirwn far 3
V. And be it further enaBedy That the officers compofing courts martial, convened oath to be taken
agreeably to law, fhall take the following oath, viz : y com mx ' '
" I, A. B. do folemnly fwear, that I will well and truly try and determine, to
*f the beft of my judgment, according to the militia law of this State, now of
" force, and the evidence before me, the feveral defaulters legally returned to this
*' court, without partiality, favor or affection ; and if any doubts fliall arife which
*' are not explained by the faid laws, according to my confeience, the beft of my
" underftanding, and the cuftoms of war in like cafes. And I do further fwear,
u that I will not divulge the fentence of the court until it fhall be publiflied by the
" commanding officer. So help me God."
VI. And be it further enaBedy That all lieutenant-colonels fhall only take rank Lieutenant col.s
according to the date of their commiffions, without regard or preference to the word ~ h°w t0 take
commandant.
VIL And be it further enaBedy That all aliens fhall be liable to do, and perform Aliens liable t*
the duties herein, and by the aforefaid militia a£ts required, in like manner with the rmlltia duty*
citizens. Provided always, That when the United States fhall be at war with the Provifo.
nation to which any fuch alien or aliens fhall belong, fuch fervice fhall be immediately Except in cafe ol
fufpended ; and the faid alien or aliens fhall be entitled to all the benefits in fuch war with their
cafes arifing under the law of nations.
VIII.
524 DIGEST OF THE
AN?VJ93' VIIL Audhe ltfurther enaEied> Th;lt the magiftrates holding eleftions for the
Stf°offi^°?n llornmatlon of company officers, hereafter fhall return a lift of the names of voters
^rnHdHhS J°Sether with the names of the candidates, with the number of votes for each, to*
ecutive! his excellency the governor, as foon as poffible after the eledion.
*ld n^T^n *X Andbe *$*1»* «*** That * future it ffiail not be lawful for any perfon
one militia com- or perfons ro have or hold more than one militia commiffion within this State; and
mi&w. where any perfon or perfons have received more than one militia commiffion, he or
they mil, within three months, refign one of faid commiffion or commiffions, as the
cafe may be, to his excellency the governor ; and in cafe fuch refignation be not
made within the time limited as aforef tid, the governor for the time being, fhall be,
and he is hereby empowered and direded to eonfider faid commiffions as- being
vacant, and fill up the fame.
&SS3S& f ' Jnd h k further enaEted h ihe Parity aforefaid, That the people called;
quakers, on producing a certificate from a quaker meeting, of their being bona fide,
Provifo. quakers, ihall be exempt from all militia duty required by this adt. ^Provided, Such
quaker do pay twenty-five pounds, per centum in addition to the amount of their
general tax.
faKnSclTo" XL And. be kfurthe\ enaBed> That the brigadiers of each brigade within this State,
aid de camp. fhall be entitled to an aid-de-camp, to be appointed by each brigadier refpeclively.
SuMitutes in XII. And be it further enaBedy That no perfon ffiail be exempt from anv tour of
militia duty — ... • . L r \ n- . r r- . ,- . 5. " ^^ / iuhi«ot(
how to be ap- nwhtia duty by a iubititute unlefs fuch fubfhtute ffiail be approved of by the officer,
proved. commanding the detachment with which he is to march ; and all fubftitutes when in
aftual fervice, ffiail be fubjedYto the fame rules and regulations as the perfon by whom
he was employed, could have been fubjecl: to.
Certain requi- XIII. Be it further enafted. That from and after the paffing of this a£h the
fuming officers governor lhall not commiffion officers to-any troop or troops of horfe, to any com-
Tompankr pa"y °r comPanies of artillery or riflemen, 'unlefs it ffiail be certified to him by the
officer commanding the brigade, that fuch trooper company is compofedpf, and
belonging to fome regiment or battalion within the fame.
SSSSu! ?*V- Andbe 'ltfurther ™>aedb, the authority aforefaid,- That any perfon or perfons,
tyforjumomhs having, a wife and child or children, removing from any of the United States or
elfewhere into this State, ffiail be, and they are hereby exempted from militia 'duty
Prcvifo. for the full term of twelve months. Provided alivays, That fuch perfon do within
three weeks after coming into the State, , enrol himfelf in the captain's company in
the county wherein he does refide., • .
So much of the XV. And be it further enacled, That fo much of an z&, entitled ••" An aft to
efemptscemfn revife and amend the ■ militia law of this State," paffed the fourteeenth day of De- .
fofmJr'm^tif cember» one thoufana feven hundred and ninety-two, which- exempts from militia
Ja™epnealed. duty tne fcveral officers therein named, and. all laws, regulating the militia prior to. '
faid a£tj be. and the fame are hereby repealed;
WILLIAM GIBBONS, Speaker of 'the Houfe of Reprefentatives*
BENJAMIN TALIAFERRO, Prefidmt of the Senate.
GEORGE MATHEWS, Governoe. .
December 17, 1793. An
LAWS OF GEORGIA. 525
An Acl to appoint commiffioners for the town of Hardwick ; and to A. D. 1793.
appoint commiffioners for the county of Wafloington^ to fix on a pro- ho' A9S'
per place for the court houfe and gaol for the faid county ^ and for
building the fame.
I, ~W~% E it tnaCicd by the fenate and houfe of reprefentatives of the State of Georgia in Commimoners
_j| general ujfembly met, and by the authority of the fame> 'That John Wereat, Ro- w
bert Holmes, James M'Gilivray, William Clark, Simmons Maxwell, Thomas Collier
and Jofeph Stiles, fhall be, and they are hereby appointed commiffioners for the town
and commons of Hardwick, on the river Ogecheej and that the faid commimoners or a .
maiovity of them, mail have full power and authority, after giving three months notice
in the Georgia gazette, to furvey, or caufe to be furveyed and laid out, the faid town
of Hardwick, after the fame manner, and as nearly as poflible in conformity to the
original furvey or plan thereof ; which furvey fhall be recorded in the furveyor's office The plat of re-
of the county, and likewife in the office of the furveyor general. . be^'rdecT-
II. And be it further enatled by the authority aforefaid. That the faid commimoners Their powers, &
or a majority of them, fhall have full power and authority, to fell at public. vendue, duty refpecCtin_g
to the higheft bidder, at fuch time or times, place or places, as they may think bed, &c..
all or any of the lots in the faid town, which are vacant, or have by any other means
become veiled in this State, except fuch as have been referved or which the faid
commiffioners may think proper to referve for public ufe j. of which fale or.fales the
faid commimoners fhall give fix weeks public notice in the Georgia gazette, and the
monies arifing therefrom fhall be applied* under the direction of the faid commiffion-
ers, to erecting a court houfe and gaol j and if a balance fhould remain, it fhall be
applied towards building an academy in the faid town, the faid commiffioners to make
a return to the treafurer, within three months after the fale, of the number of lots ,
fold, and the prices of each; and fhall make yearly returns to the treafurer, of the,
monies expended by them, about the buildings above mentioned*.
III. And be it further enabled by the authority aforefaid., That John- Watts, John Walhingtoa co„-.
Stokes, Owen Fort, Solomon Bechum and John Marcus, are hereby appointed com- commiffioners
miffioners for building and fixing on a proper place, as nearly central as may be con- and gaol,
venient, for the court houfe and gaol in the county of Wafhington ; and- the juftices inferior court to ,
of the inferior court of the faid county, are authorized and empowered to raife by lcvy a toumy ,
tax,* to be by them levied, a fum not exceeding two hundred and fifty pounds, to
he applied in payment for fuch public buildings.
WILLIAM GIBBONS, Speaker of the Houfe of Reprefentatives..,
BEN J AMIN TALIAFERRO, Prefdent of the, Senate..
GEORGE MATHEWS, Governor.
December 1 6, . 1 793-
* -See act of 179,6, No. 555, empowering inferior courts to levy county tax*.
An Acl for laying out the fever al counties herein after named* No.- 496.:,
Ii ''~\ E it enacted by the fenate and houfe of reprefentatives of the State of Georgia in Two new coun-
J£3 general affembly met t and by the authority of the fame i That two new counties Wilkes ^'othS
fhall . counties.
5'26
DIGEST OF THE
A. D. 1793.
No. 496.
Boundary of the
firft.
Named Watren.
Of the other.
Named Oglethorpe
1'he dividing
•lines — how to
be run.
juftices of the
peace therein
continued for a
time.
Commiffioners
of the court
houfe and gaol,
appointed for
"Warren.
And for Ogle-
thorpe.
The courts where
ro be holden in the
mean time.
(hall be, and they are hereby laid out from the counties of Wilkes and feyeral other
counties contiguous, or adjoining thereto, in the following manner and form, to wit:
The firft to begin at M'Gechee's bridge, on Ogechee river ; thence along the road
leading from that bridge to the Chickafaw ford on Brier creek ; thence up Brier creek
to the mouth of Sweet water ; thence up faid creek to Watfon's mill ; from thence
to a path known by the name ofthe old line path at Hodgins's ; from thence a ftraight
line to Stark's old mill on Little river ; thence up that river to the mouth of William's
creek ; thence up the faid creek to the mouth of Beaver dam ; thence a ftraight line
to Ogechee, fo as to include the plantation of Col. Alexander, and down the Ogechee
to the beginning, -which faid county fhall be called and known by the name of
Warren.
II. The other county fhallbegin at the mouth of Long creek ; thence up the faid
creek to the Dry fork thereof ; thence up faid fork to Jofeph Staton's ; thence a di-
rect line to William Hammett's; thence to Armour's ford on Little river; thence the
fame courfe continued until it ftrikes Sherril's creek; thence a direc~l line to Living-
fton's mill, on Ogechee ; thence up the fame to the Greene county line ; thence
along faid line to the Cherokee corner; thence along the line dividing Wilkes and
Franklin, to the.fouth fork of Broad river ; thence down Broad river, to the begin-
ning ; which faid county fhall be called and known by the name of *Qglethorpe.
III. And be it further enacted by the authority aforefaidy That the county furveyor of
Wilkes fhall be, and he is hereby appointed to run, and plainly mark the feveral
artificial lines, agreeably to this act, for the aforefaid county of Warren. And the
county furveyor of Elbert, fhall be, and he is hereby appointed to run, and plainly
mark in like manner, the feveral lines round the county of Oglethorpe; which faid lines
fhall be run, and marked as aforefaid, within two months after the pairing this act ;
and the faid county furveyors fhall be allowed, by the county courts of the aforefaid
counties of Warren and Oglethorpe, a reasonable compenfation for fuch fervices, to
be by them levied on their refpe&ive counties, and fhall be fubjeft, when collected,
to their order for the purpofes aforefaid.
TV. And be it further enabled by the authority aforefaid^ That all juftices of the peace,
which fhall or may fall within either of the aforefaid counties of Warren and Ogle-
thorpe, may legally continue to exercife the feveral duties of fuch office, until the
adjournment of the next general afiembly.
V. And be it further enafied) That James M'Cormick, Robert Abercrombie, Peter
Holo, Zachariah Fann and Arthur Fort, be, and they are hereby appointed commifii-
onersf for fixing on a proper place to erect, a court houfe and gaol for the county of
Warren ; which fhall be as nearly central as convenient : And Samuel Thornton,
Thomas Gilmore, Benjamin Knox, John Lucky and John Steward, are appointed
commiffioners for fixing on a proper place for the court houfe and gaol of the county
of Oglethorpe : And until fuch public buildings are completed in the refpective
counties,
* Part of Greene added to this county. See act of 1794, No. 517.
f Other commiffioners appointed by a<5t of 1 795, No. 536.
LAWS OF GEORGIA.
527
counties, the courts for the county of Warren, fhall be held at James M'Cormick's 5
and the- courts of the county of Oglethorpe, fhall be held at Charles Lane's.
VI. And be it further enabled, That the juftices of the inferior courts of the county
of Warren, or any three of them, are hereby authorized and empowered to contract
with proper perfons to undertake, and completely finifh a- court houfe and gaol for
faid' county, on fuch plan and in fuch form as they may think proper : And the faid
county court may raife by #tax, to be by them levied, a fum not to exceed two hun-
dred and fifty pounds, to be by them applied to the building fueh public buildings:
And the juftices of the inferior court for the county of Oglethorpe, fhall in like main
ner, contract with fit and proper perfons, for building their court houfe and gaol,,
and may raife, by tax on their county, a fum- not' exceeding two hundred and fifty
pounds, to be applied as aforefaid.
VII. + And be it further enabled by the authority af or ef aid, That the county of Ogle-
thorpe, fhall be -allowed one member, to reprefent it in the houfe of reprefentatives,
out of the number allowed by the conftitution, to the county of Wilkes.
VIIL And be it further enabled by the authority aforefatd. That fuits commenced and
now depending, againft any perfon within the limits of either of the aforefaid counties,
of Warren and Oglethorpe, . fhall (till continue, and- be proceeded on as ufual, iii
the county where they were originally commenced, until the courts of fuch new
counties are organized ; after which, they fhall be removed by the plaintiffy to the .
county where the defendant refides, without any additional colts for fuch removal.
IX. And be it further enabled by » the authority aforefaid, That one new county fhall
be laid off from the county of- Liberty, in the manner following : From the north
end of Black Beard ifland, to the mouth of South Newport river ; from thence up
Bull Town fwamp to the mouth of Big Mortar fwamp-, from- thence to the head
thereof,' and from thence a- due weftcourfe to the fouth branch of the Alatamaha ; :
thence down that branch of the ■ Alatamaha j which empties ifefelf at the north end
of Little St. Simon's" ifland, to its mouth ; and from thence along the fea coaft to
the north end of Black Beard ifland _; which' faid county fhall t& be- called-~and- known
by thfe name of %MMntofB.
X. And be it further enabled by the authority aforefaid^ That Ferdinand O'Neal^
James Gignilliat, jiin. and William M'Intofh, jun. are hereby appointed '-commifEon-
ers, for fixing on- a place for a gaol and court houfe, for the county of M'Intofh^
which fhall be as nearly central as convenient, at which place the courts fhall be held*
XI. And be it further enabled by* the authority aforefaid, Tha.t the juftices -of the
inferior court of the county of M'Intofh;, to be hereafter '< appointed, . arc hereby
authorized and empowered to contract with proper perfons, tcundertake and com->
pletely finifh, a court houfe and gaol for faid county, on fuch plan as they may
think proper \- and- the faid county court may raife by taxj§ to be by them levied, a
fum, which fhall not exceed two hundred and fifty pounds, to be applied- as aforefaid*
.All.,,
* See aft of 1796, No.- 55J, empowering inferior courts to levy county tax.
f Reprefentation to be apportioned according to enumeration. See conftitution of. 1798^...
^Boundary of this county defined by ad of 1794, No. J09.
§ See a&.of 1 796, No.,555, refpe&ing county tax.,. .
A,D. 1793.
No. 496.
The inferior courts
of tliofe counries
may contract fi>r
tlie public build-
ings and raifi- a
tax for the Same,
Oglethorpe en-
titled to one re-
prefentative.
Caufes depend-
ing againft per-
fons therein —
how to be £uf-<
pofed of.
A 'new county
laid off from Li-
berty.
Its boundary., .
Named
tojh.
M'7»
Commiflibners
of >court houfe
and gaol.
Inferior court -
to contract, for
building the
fame and raife ;
a tax.
52S
A. D.
»793-
No.
M'Int.iflj
unc repre
496.
alloWed
■fmtative
Suits rfgaipft
perfons therein
how to be dif-
pofed of.
Courts — where
tobe held in the
mean time.
A new county
laid out of Cha-
tham—its boun-
dary.
Called Bryan.
Commiffioners
of the court
houfe and gaol.
Inferior courts
to contract for
building the
fame, and to
raife a tax.
Bryan entitled
to one reprefen-
tative.
Suits againft
perfons ther-in,
how to be dif-
fofed of.
DIGEST OF THE
XII. And be it further enabled by the authority aforefaid, That the county of M'lntofii
fhall be allowed one *member to reprefent it in the houfe of reprefentatives, out of
the number allowed by the conftitution to the county of Liberty.
XIII. And be it further enacted by the authority aforefaid, That all fuits commenced
and now depending, againft any perfon in the aforefaid county of M'Intofh,
fhall ftill continue, and be proceeded on as ufual, in the county where they were
originally commenced, until the courts of fuch county of M'Intofh are organized ^
after which they may be removed by the plaintiff, to the county wherein the defen-
dant refides, without any additional cofts for fuch removal..
XIV. And be it further enabled by the authority aforefaid) That the courts fhall be
held for the county of M'Intofh, at the plantation of John M'Intofh, jun. until
the court houfe and gaol for the county aforefaid fhall be completed.
XV. And be it further enabled by the authority aforefaid, That one new county fhall
be laid off from the county of Chatham, in the manner following : Beginning at the
mouth of, and running up and with the meanders of Midway river to the confluence
of Mount Hope fwamp ; from thence in a direct courfe along the old line, dividing
theparifhof St. Philips's from St. John's, until it fhikes the river Canouchie ; from
thence up the main ftream of faid river until it ftrikes the Wafhing on line ; from
thence in a direel line acrofs to the mouth of Black creek, on Ogechee river 5 thence
down the faid river Ogechee to its mouth ; thence with the fea coaft to the mouth of
Midway river ; which faid county fhall be called and known by the name of Bryan.f
XVI. And be it further enabled by the authority aforefaid, That William Maxwell,
Robert Holmes, and Jofeph Stiles, are hereby appointed commiffioners:): for fixing
on a proper place for a gaol and court houfe for the county of Bryan, at which place
the faid courts fhall be held.
XVII. And be it further enabled, That the juftices of the inferior court of the
county of Bryan, to be hereafter appointed, are hereby authorized and empowered
to contract: with proper perfons, to undertake and completely finifh, a court houfe
and gaol for faid county, on fuch plan as they may think proper : And the faid
county courts may raife, by tax,§ to be by them levied, a fum which fhall not exceed
two hundred and fifty pounds, to be applied as aforefaid
XVIII. And be it further enabled, That the county of Bryan fhall be allowed one
|| member to reprefent it in the houfe of reprefentatives, out of the number allowed
by the conftitution to the county of Chatham.
XIX. And be it further enabled, That all fuits commenced and now depending,
againft any perfon in the aforefaid county of Bryan, fhall ftill continue and be pro-
ceeded on as ufual, in the county where they were originally commenced, until the
courts for fuch county of Bryan are properly organized ; after which they fhall be
removed by the plaintiff, to the county wherein the defendant refides, without any
additional coft for fuch removal. XX.
* Reprefentation to be apportioned by enumeration. See conft. of 1 798.
f Part of Effingham added this county by act of »794> No. ,509.
\ Other commiffioners added. See act of 1795, No. 526.
§ See act of 1796, No. 555, refpecting county tax.
y Reprefentation to be apportioned according to enumeration. See conft. of 1798.
LAWS OF GEORGIA.
529
XX. And be it further enacted, That the county courts for the county of Bryan,
{hall be held at Hardwick, until the court houfe and gaol fhall be completed.
XXI. And be it further enabled by the authority aforefaid, That a new county {hall
be, and is hereby laid out and taken from the county of Wafhington, in the follow-
ing manner : Firft, by a line beginning at Carr's Bluff, on the Oconee river, and
running along the Uchee path to the place where the faid path crofTes Williamfon's
fwamp ; thence in a direct line to the Ogechee river ; thence down the faid river to
the Effingham line ; thence along faid line to where it ftrikes the line of Liberty
county j thence along faid line to the Alatamaha river ; thence up the faid river to
the confluence of the Oconee and Oakmulge rivers ; thence up the Oconee river to
the beginning — which faid county fhall be called and known by the name of Mont-
gomery.
XXII. And be it further enacted by the authority afore/aid. That the county furveyor
of Wafhington fhall be, and he is hereby appointed to run and plainly mark the faid
direct line, from the place where the Uchee path crofTes Williamfon's fwamp to the
Ogechee river.
XXIII. And be it further enacted by the authority afore 'faid, That all juftices of the
peace, who fhall or may fall within the faid county of Montgomery, may legally
continue to exercife the feveral duties of their office until the adjournment of the
next general afiembly.
XXIV. And be it further enacted by the authority aforefaid, That all fuits now de-
pending againft any perfon refiding within the aforefaid county of Montgomery, fhall
ftill continue and be proceeded on as ufual, in the county where they were origi-
nally commenced, until the courts for fuch county of Montgomery are organized ;
after which they may be removed by the plaintiff, to the county where the defendant
refides, without any additional cofts for fuch removal.
XXV. And be it further enacted by the authority aforefaid, That Solomon Wood,
John Watts, Francis Pew, Benjamin Harrifon and JefTe Embrey, (hall and are here-
by appointed commiffioners for fixing on a proper place to erect a court houfe and
gaol for the county of Montgomery ; until fuch public buildings are completed, the
courts for the faid county of Montgomery, fhall be held at William Neal's.
XXVI. And be it further enacted, That the people in the feveral new counties
fhall, on the third Monday in. January next, proceed by election in the ufual way,
for the clerk of the fuperior and inferior court, fheriff,, regifter of probates, county
furveyor and coroner.
WILLIAM GIBBONS, Speaker of the Houfe ofReprefentatives,
BENJAMIN TALIAFERRO, Vrefident of the Senate.
GEORGE MATHEWS, Governor.
December 19, *793* i
A. D. 1793.
No. 49(1.
Coum, where to be
held fur the preterit
A new county
laid out of
"Wafhington— -
its boundary.
Called Montgo-
mery.
The dividing;
line how to be
run.
The juftices of
the peace conti-
nued.
Suits depending-
againft pcrfous
therein: how to
be difpoi'ed of.
Commiffioners
of the court
houfe and gao).
Courts, where
tobeheldin the,
mean time.
Clerks, fherifTs,.
and other offi-
cers: how elect-
ed in the new
counties.
X x
Am
53°
A. D. 1793.
No. 497.
Importation of
negroes trom
certain places
prohibited.
Penalty there-
for.
Free colored
perlons coming
into this State ;
how tc conduct
thetnfelves.
DIGEST OF THE
r
The State not
accountable for
the value of
fiaves legally
executed.
Expences in
profecuting
fiaves— -how to
he paid.
An Act to prevent the importation of negroes into this State, from the
places herein mentioned.
E it en a Bed by the fenate and houfe of reprefentaiives of the State of Georgia in
general affembly met) and by the authority of the fame.) That after three months
from the paffing of this a<t, any perfon or perfons who fhall directly or indirectly
import to this State, from any of thq Weft India, Windward, Leeward, or Bahama
ifiands, or from either of the adjacent provinces of Eaft or Weft Florida, any negro,
mulatto, or muftizoe Have or fiaves who have been one month in the fame, for fale ;
every fuch perfon or perfons fhall forfeit and pay to the State fifty pounds each, for
every negro, mulatto, muftizoe flave fo imported as aforefaid.
II. And be it further enacted, That all free negroes, mulattoes, or muftizoes, who
at any time after the paffing of this act, fhall come into this State, fhall, within thirty
days after their arrival, enrol him, her, or themfelves in the clerk's office of the
county where they refide ; and within fix months thereafter procure a certificate of
two or more magistrates of the county, certified by the clerk thereof with the feal
of the county annexed, of his, her or their honefty and induftry, to entitle them
to the privileges of refidence in this State : And on failure of fuch enrolment, or
neglect of procuring fuch certificate, he, fhe or they, fhall be fubject to be taken
up and committed to the neareft gaol, for a term not exceeding three months, or
until he, fhe or they fhall give fecurity, by two freeholders, of his, her or their
prifon fees, and future induftrious and honeft behavior.
III. And be it further enaBed by the authority aforefaid. That from and after the
paffing of this act, the State fhall, in no inftance, be anfwerable for, . or liable to
pay the owner any consideration whatever for any negro flave or fiaves who may
fuffer death by the laws of this State.
IV. And be it further enaBed by the authority aforefaid. That all expences and fees,
chargeable by any of the public officers, for profecuting any negro flave or fiaves,
convicted of any crime, not capital, againft the laws of this State, fhall be paid by
the* owner or owners of fuch flave or fiaves. But in all cafes where any flave fhall
be convicted of any crime whereby he, fhe or they may fuffer death, the expences
attending the trial and execution of fuch flave or fiaves, fhall be paid by the county
where they fhall be executed. ,
WILLIAM GIBBONS, -Speaker of the Houfe of Reprefentaiives.
BENJAMIN TALIAFERRO, Prefident of the Senate.
GEORGE MATHEWS, Governor.
December 19, *793-
No. 498.
SnlpeiSion of to-
bacco eilablifheri
at the mouth of
I.ightwopdlog
creek, in Elbert
county.
An A SI to eftablifh an infpeSlion of tobacco on the Savannah river, at
the mouth of Light ivoodlog creek.
I, 3 E it enaBed by the fenate and houfe of reprefentatives of the State of Georgia itt
JUI general affembly met, audit is hereby enaBed by the authority of the fame. That
from and immediately after the paffing of this act, it fhall and may be lawful for an
mfpection
LAWS GF GEORGIA.
531
infpection of tobacco to be opened, at the mouth of Lightwoodlog creek, in Elbert A. D. 1 793*
county, on the land of Nehemiah Howard ; which faid infpection fhall be governed No- 4?8,
by the laws which now are in force, or which may hereafter be made for the govern-
ment of the feveral inflections within this State.
II. Be it alfo enaBed, /That the right of building faid warehoufe is hereby veiled The right veft-
in the faid Nehemiah Howard, his heirs and affigns, who (hall be entitled to receive Howard.
the fame ftorage as is directed by law to be received in the other infpections in this
State.
III. And be it further enaBed, That fo much of an act, entitled " An act for r eg u- So much of the
lating the infpections of tobacco," paffed the twenty-third day of December, one Elates 7o9°fala-
thoufand feve-in hundred and ninety-one, as relates to granting of falaries to the ries, repealed.
infpectors of Call's, Richmond and Auguita warehoufes, be? and the fame is hereby
repealed.
IV. And be it further enaBed, That the infpectors at the warehoufes, known by infpeflors of
the name of Richmond and Aueufta warehoufes, mall be entitled to receive the Rlcnni°nci and
° * Auguita ware-
fame price for each hogihead of tobacco by them infpected, as are allowed bylaw to houfes to receive
the infpectors of other warehoufes within this State, which mail be paid at the time cuflomary fees«
of fhipment.
V. And be it further enaBed, That the weights at the feveral warehoufes, within Weights at the
this State, fhall be adjufted in the manner pointed out in a former law, regulating j^ufo whento
the infpection of tobacco, on the firft Monday in January and October, annually. be adjufted.
WILLIAM GIBBONS, Speaker of the Houfe of Reprefentatives.
BENJAMIN TALIAFERRO, Prefident of the Senate.
GEORGE MATHEWS, Governor.
December 19, 1 793-
An Acl more effectually to punijh perfons guilty ofjlealing horfes, ajjes n». 490,
or mules,
I. [) E it enaBed by the fenate and houfe of reprefentatives of the State of Georgia in
1 B general ajfembly met, and by the authority of the fame. That if any perfon or per- Horfe ftealine
fons, after the pafling of this act, (hall felonioufly (leal, lead, take or drive away, ~feloir/-
any horfe, gelding, mare, colt, filly, afs or mule, or be acceffary thereto, and
being thereof duly convicted, fhall be adjudged guilty of felony: Such perfon or Death withous
perfons convicted as aforefaid, fhall fufFer death, without the benefit of clergy, by C^CTSY'
being hanged by the neck, till he, fhe or they be dead.
II. And be it further enaBed, That when any perfon or perfons fhall be charged Perfons charged
and apprehended for the offence or offences aforefaid* it fhall be the duty of the iuftice ajd aPPrehe"d-
A • i i- i i n 11 e" — "ow t0 "e
or juilices before whom he, fhe or they are brought, to take in writing, the examina- treated.
tion of fuch prifoner or prifoners, or perfons fo accufed, and alfo the oath or affirma- The duty of juf-
• t* 1 • i/"i /• ■ t* ***i ticcs 3 no £3o*»
tion of him or thofe who accufe \ and if upon fuch examination it fhall appear to fach ers therein.
juflice or juflices that the prifoner or prifoners accufed, are guilty of the charge or
charges alledged againft him, her or them, it fhall be the duty of the juftice or
juftices
532 DIGEST OF THE
A. D. 1793. juftices aforefaid, to commit the prifoner or prifoners, or perfons accufed, to the
No. 499. common gaol of the county where fuch perfon or perfons have been apprehended ;
and where there fhall be no gaol in any county, to the neareft fubftantial gaol in any
adjacent county in the State; and it fhall be the duty- of the keeper or keepers of
fuch gaol to receive and detain in clofe confinement, without bail or other enlargement,
iuch perfon or perfons, until difcharged or liberated by due courfe of law.
™'avt\T?n- IIL Be 'lt enaBed by the authority aforefaidy That this aft fhall not extend, or be
theoMraaonSfthe conftrued to extend, to authorize any judge or judges of the fuperior courts, or
»iw:M,H(b^eitS<in juftices of the inferior courts of this State, upon a writ of habeas corpus^ or any
fdn^emenc'u^! other Wl"'lt whatever to admit to bail, difcharge, or otherwife enlarge, any perfon or
Een;an>Tthejudge"s perfons committed as aforefaid, againft whom oath has been made, trftt he, fhe of
see4tiibrcft. ufVth they are guilty of any of the crimes before recited in this act.
nltion and habeas IV. And be it further enabled by the authority aforefaid. That in future, it fhall be the
Property Aforiini. duty of the juftices of this State, and they are hereby feverally required, on iffuing
nals made liable to , . ■ . r <~ 1 1 • 1 1 rr
the payment of a warrant, to apprehend any perfon or perlons charged with any criminal offence, to
gaolers fees etc. 1 • o 1 rv • 1 r 1 i-i* • 1
Duty of peace of- direct the peace officer executing the lame, to make diligent enquiry as to the property,
of which any perfon charged as aforefaid, may be poffeffed at the time he or fhe was
apprehended, and fuch officer is hereby required, within ten days thereafter, to
render an account thereof to the juftice before whom fuch criminal may be brought,
who is hereby directed (in cafe the prifoner is not difcharged) to make a return of
fuch property to the clerk of the fuperior court, at or before the term when the
criminal is to be tried, which property is hereby made liable, in the firft inftanee, to
the payment of gaolers fees for dieting the criminal, to whom it may belong as afore-
faid •, and if any juftice or peace officer fhall fail to perform the duties hereby required,
. he fhall himfelf be fubje£t to the payment of the coft with which fuch criminal may
be chargeable as aforefaid, which may be levied by execution on the property of the
juftice or officer fo offending, in the fame manner as if the judgment had been againft
himfelf.
perfons becom- V. And in all cafes where bail is admitted, the perfon or perfons becoming fecu-
ingbaii, maybe rjt ,{]iau jf required, make it appear to the fatisfacfion of the court, that he, fhe
required to juf- ; ^ , rr ..........
tify. or they are amply fufficient for the fum for which fuch bail is taken.
WILLIAM GIBBONS, Speaker of the Houfe of Reprefcntatives,
BENJAMIN TALIAFERRO, Pre/idem of the Senate.
GEORGE MATHEWS, Governor.
December 19, 1793.
No. 500> An Acl to rev if e and amend the judiciary acl.*
Preamble. "W~^T TTIEREAS great inconvenience hath arifen from an omiffion in the above
Wy recited act, in having no time pointed out therein for holding a fecond
term of the fuperior court ; for remedy whereof, :
Court -days. I- Be it enabled, That the aforefaid fecend term of the faid fuperior court, omitted
as above, fhall by the judges of the faid courts, again commence on the firft Tuefday
in
* Repeakd by act of 1796, No. 574.
LAWS OF GEORGIA. m
m
in July next, in the counties of Wafhington and Camden; the next Tuefday in A. D. 1793.
Glynn and Greene ; the next Tuefday in Liberty and Franklin ; the next Tuefday No- 5°°-
in Elbert ; the next Tuefday in Chatham and Wilkes ; the next two weeks after in
Columbia and Effingham ; the next Tuefday in Burke, and the next Tuefday in
Richmond.
II. And be it further enabled, That from and after the paffing of this act, the term in Richmond.
for holding the inferior courts for the county of Richmond, fliall be on the flrft
Tuefday in March and September, any in the former judiciary act to the contrary
notwithstanding.
III. And be it further enabled, That from and immediately after the paffing of Appeal.
this act, if any party in any fuit brought before a fingle juftice, fhall be diffatisfied
with his determination thereon, he may at any time within three days thereafter,
enter an appeal, on payment of cofts, and giving fecurity for the eventual condem-
nation money; which appeal fhall be tried by five jurors (a majority of whom fhall
agree on the verdict) to be drawn from a lift of the freeholders, within the company
diftritT: of fuch juftice, at the next term in fuch diftritT:, the oppofite party having
notice thereof, whofe determination thereon fhall be final.
IV. And be it further enacled, That the faid juflices fliall have power to poltpone May be coini-
the trial of any appeal which may have been made before them, on the oath of nu
either party, that they are in want of a material evidence who they have regularly
fummoned, and alfo ufed all other legal means to procure.
V. And be it further enabled. That in all cafes of mutual debts cognizable before Mutual debts.
a fingle juftice or a court of appeals, as before mentioned, judgment maybe given
in favor of the defendant on its appearing to the fatisfaction of the court or juftice,
that there is a balance due him.
VI. And for the regulation of the juflices courts, Be it enabled, That in all cafes, Juftkes court—
the beft evidence fhall be required that the nature of the cafe will admit of; nor j^aetcjpF°°f al~
fhall any perfon be admitted to prove his or her account, by their own oath, before
fuch court, without previoufly making oath, that he, fhe or they had no other method
whereby it could be eftablifhed.
VII. And be it further enacted r, That when any conftable fhall neglect to pay to, or Conftables.
account with any perfon, for whom he may have received money, on execution,
within thirty days from the time of fuch execution may be put into his hands, any
perfon or perfons fo injured as aforefaid, fhall, upon application to any juftice within
the diftrict, have a fummons granted him, requiring fuch conftable to appear before
him or fome other juftice ; and if it fhall appear to fuch juftice, that he has received
the amount of fuch execution, or any part thereof, he fhall give judgment, and
immediately iffue execution thereon.
VIII. And be it further enacted, That all appeals, now depending in the refpective Appeals from
inferior courts in this State, may by either party, due notice being given, be re- luftices court-
manded .to the juflices of the diftrict from whence they came, to be determined
agreeably to this act.
, IX.
534
A. D. 1793.
No. ,5 00.
Inferior court
and juflicesfees.
Executors & ad-
miniftratorsmay
appeal without
fecurity.
Arbitration.
•Sheriff's fales.
DIGEST OF THE
IX. And be it further enabled, That from and after the paffing of this act, the
following fees mall be allowed,, viz : Juilices of the inferior court,, for each judg-
ment obtained therein, and for each appeal to the fuperior courts, (to be taxed in
the bill of coils) four (hillings and eight pence ; a juftice for making out and figning
a fummons or warrant and determining the caufe, two millings and four pence ; for
writing and taking a bond or recognizance, one milling and two pence;, for iffuing
an execution one {hilling and two pence ;, for writing an affidavit and fwearing the
party, where no action is depending before fuch juftice, one milling and two pence
X. Whereas, in fome inftances the judges of the inferior courts, under the act of
the twenty -third day of December, one thoufand feven hundred and eighty-nine,
have refufed to allow executors and adminiftrators an appeal to a fpecial jury, accord-
ing to the conftitution, becaufe the defendant would not give bond to pay the con-
demnation money, which was not the true intent and meaning of the faid act : Be
it therefore enabled, That wherever an appeal has been moved for, in any inferior
court, by an executor or adminiftrator, as defendant, in due time, and cofts ten-
dered, and fuch appeal hath been refufed, that the fuperior court may order the fame
to be docketed, and tried by a fpecial jury, according to the conftitution, any order
of the inferior court notwithftanding.
XI. And be it further enabled, That in all matters fubmitted to reference by par-
ties in a fuit under a rule of court, or other agreement in writing, Cgned by the
parties, judgment fhall be entered up by the party in whofe favor the award is given,,
and execution mall iflue for the fums awarded, to be paid as they refpectively become
due, and levy on the property of the party againft whom the judgment fhall have
been entered up, and execution iiTued as aforefaid,. and fuch other proceedings fhall be
had thereon by the court, as in cafes of judgments entered up, on- verdicts of juries..
XII. And be it further enabled, That all perfonal property levied on by a fherifF,,
except ftock, fhall be advertifed in like manner as directed where lands are executed
and advertifed..
WILLIAM GIBBONS, Speaker of the Houfe of Reprefentativeu
BENJAMIN TALIAFERRO, Prejident of the Senate.
GEORGE MATHEWS, Governor.
December 1 9, 1 793-
No. 501.
No. 503.
An Abl to impofe a tax on the inhabitants of this State, for the fupport of govern*
ment far the year 1794*
December 19, 1793.
An Acl to amend an afl, pointing out the mode under which property
reverting to the State Jhall be difpofed of.
E it enabled by the fenate and houfe of reprefentatives of the State of Georgia in
general ajfembly mety and by the authority of the fame. That in all cafes where
In all cafes of
mortgages in be-
half of die Srate,
where the equity — *—— •*> •*> » - r. » ■ -
be^iredoft" the a foreclofure of any mortgage has been, or fhall be complete, wherein the governor
ellates fubjed to tnr
fuiure iak. ' *ui
LAWS OF GEORGIA. S3;
for the time being, on the part or behalf of this State, (hall be plaintiff, and the A. D. 1793,
equity of redemption fhall thereupon be foreclofed, that the eftate fo mortgaged, mall No" •J02-
be fubject to a future fale, on the following terms and conditions : that is to fay,
that the commiffioners hereby appointed, having given a full and perfect defcription By commiffion-
of fuch property as may be in the refpeclive counties, fhall, immediately after being ReTrhereof™0"
notified in writing, by the attorney or folicitor general, that the proceedings on the bill
of foreclofure are ended, and that the defendant or defendants are by law precluded
of the right of redemption of the premifes, advertife the fame for fale in both the
gazettes of Savannah and Augufta, at lead three months before the day of fale, ivhich Sales to beat
falesjhall be at Savannah and Augufta ; and that the conditions of the fales to be io Augufta.
made as aforefaid, fhall be on the following terms : that is to fay, on a credit of five Terms and con.
years in equal annual payments, the purchafer firft giving a mortgage on the premifes fume.'
for the payment of the principal, in annual inftalments, and good and fufficient per-
fonal fecurity, for the annual intereft, at and after the rate of eight per centum which
fhall accrue as well upon the fum annually due, as alfo the intereft on the remainder
money : The bonds to be taken, fhall be made payable to the governor for the time
being, and his fucceffors in office, in the following denominations of public fecurities :
that is to fay, governors, prefidents, or fpeakers warrants, audited or funded certi-.
ficates, the prefent or any former treafurer's certificates, (except Wade's, O'Brian's
■and Seth John Cuthbert's, whofe accounts remain unfettled ;) the paper medium of
this State, iffued the third day of Auguft, one thoufand feven hundred and eighty-fix,
or in gold and filver. Provided neverthe/efs, That nothing herein contained fhall tend
to prevent any purchafer or purchafers from paying immediately the whole amount of
his, her or their purchafe money, or any part or parcel thereof, at any time or times
before the fame fhall become due.
II. And be it further enac~led> That the commiffioners fhall be allowed at the rate The commifli-
of one per centum on the value of property which they fhall fell, under and by virtue oik per cent, on
of this act, which commiffions fhall be in full compenfation for all charges, duties the amount.
and fervices herein required ; and the bonds and mortgages to be taken by the The bonds an<1
commiffioners, (hall immediately thereafter be tranfmitted to the treafurer, who fhall en to be tranf-
• give a receipt for the fame, defcribing as full as may be, a particular account of the m,tted t0 thc
feveral bonds and mortgages ; and in cafes where the commiffioners are not fufficiently
• informed of the quantity or number of acres, which any tract or traces of land fubje£fc
to fale by this a£l, fhall contain, or the boundaries of any fuch lands, they fhall apply
to the fuperior court and upon fhewing caufe, to the fatisfaclion of the court, may The fuperior
obtain a rule of furvey on fuch conditions as the court fhall direel ; and fhall, after r„]es 0f'Vurvey
the fale of fuch land, file the furvey of record in the clerk's office of the fuperior court, of any lands fub-
t ieift to fale.
and that the expences of fuch furveys fhall be laid before the judge of the fuperior
court, and upon being approved of by the fame, fhall be allowed out of the fpecie
part of the fales. And it fhall be the duty of the attorney or folicitor general, to The attorney or
furnifh the commiffioners with a form of a bond, which will enable the governor for to ' furnHn^thc
.'the time being, to obtain judgment on the whole money due on fuch bond, on failure commiffioners
of payment of either of the inftalments ; but that executions fhall iffue only for fuch 0f abend.
inftalments
536 DIGESTOFTHE
A. D. 1793- inftalments as they become due; which form of a bond fhall govern fuch commiffiw
No. 502. 0ners in performing the duties required by this act.
The purchafer III. And be it further enabled, That the purchafer fhall pay two and one half per
^/aJin2fp«ie cen'um m fpecie on all purchafes made under this act, from which payment the com-
— -how to be ap- miffioners fhall or may deduct their commiffion of one per centum, which fhall be in
**' full compenfation for making out and executing titles, and for all charges, expences
and fervices fo required, and the balance of fuch fpecie payment the commiffioners
Provifo. fhall pay into the treafury within three months after the day of fale. Provided always
Not to extend to neverthelefs, That this claufe fhall not extend to effect lands purchafed under and by
biirchafes for aca- ... - *
demy uiis. virtue of this act for academy ufes.
The coinrnHfioners IV. Be it further enabled by the authority afore/aid, That the commiffioners of
timrTze'd to" pur- Louifville be, and they are hereby authorized and empowered to purchafe to the
ot aoooi. amount of two thoufand pounds of faid property, for the purpofe of effecting the
contract entered into by the faid commiffioners, for completing the buildings of the
State houfe, on the fame terms as the commiffioners of the feveral academies in this.
conditions of (hie State, wlio are authorized to purchafe at the fales afore fai d ; and in cafes where the
with, the property purchafers fhall not comply with the conditions of the fales, the commiffioners fhall
rifqtie of the Pur- order the property to„be re-fold, fir ft fubjecting the purchafer at the firft fale, to make.
up the deficiency which may arife at fuch fecond fale.
Three commif- V. And be it further enacted, That three fit and difcreet perfons fhall be appointed
fioners.oneironi commiflioners to carry this act into effect, one of whom fhall refide in each of the
each miutia di- _ ' ...
vifion, to be ap- feveral divifions of this State, which divifions fhall be agreeable to the militia law
pointed. thereof.
To give bond VI. And be it enabled, That the faid commiffioners, previous to their entering on
and fecumy to t^e execution of their appointment, fhall feverally give bond, and fufficient fecurity
ficoo each. to his excellency the governor, in the fum of ten thoufand pounds each, conditioned
refpectively, for the true and faithful exercife and difcharge of the truft repofed m
them by this act, which bond fhall be lodged in the hands of the public treafurer
of this State.
Perfons gmng in- VII. And be it enabled, That in cafes wherein lands or other property fhall be fe-
pm^'ueted tro'n creted from the commiffioners, any citizen who fhall discover and make the fame
fhalf receive"? known, that fuch informer fhall receive ten per centum out of the fpecie amount of
per cent, on the fuch fa]es . anfj fuch property fo difcovered fhall be fold and difpofed of under the like
term as is herein pointed out for the fale of property fo as aforefaid foreclofed.
VIII. And whereas, by feveral refolutions. and acts of the legislature, the feveral1
counties in this State now entitled to receive out of the confifcated property, the
fum of one thoufand pounds each, for the encouragement of public fchools, but
that feveral of the counties fo entitled, have not received fuch donations: Be it there'
The commiffioners fore enabled, That each and every county within this State, which have not received
of academics em- -'-... . , . _ r 1 1 i- 1 r r t V. '
powered to pur- luch donation, the commniioners or the public academy ot iuch county, or tneir
chafe to the am!. 1,1 x 1 • 1 m 1 r r 1 £
of ioooi. for eatii agents, to be by them legally appointed, be at liberty to purchafe at any tales ot
Provifo. confifcated property intended by this act, the fum. of one thoufand pounds. Provided,
rJceivedaf.Khdora.s That in cafes where fuch county hath received any part or portion of fuch donation,
th"rchafe Stan that fuch fum fo received, fl»U be deducted,, and the purchafe fhall be admitted
fe *?*&£' only for the balance. IX*
LAWS OF GEORGIA. 537
IX. And whereas, a number of perfons have purchafed confifcated property, which A.^D. 1795*
W not heen oaid for : Be it therefore enaBed, That fix months from the date hereof, whe,e' t&f-
lids iiul u^v-11 jj«iv» j , . , 11 • i n. r r *.. ■* "res Iiave taken
be allowed for the payment of any fums which may be due, with cods of fuit, wnere g^'g^Aj
a foreclofure of the mortgage has taken place ; and the commiffioners to be appoint- payraent.
ed under and by virtue of this aft, are hereby direfted and required to make titles
for fuch property after payment as aforefaid. Provided, That this fliall not extend ^ov^--
I to effect any purchafe where one half the amount thereof has not been paid. Zf^^iZ
X Whereas, it is indifpenfably neceflary that the outftanding debt of this State not been paid.
mould be afcertained, as well to form a proper check upon the papers thereof, as to
make an adequate provifion for their redemption : And whereas, many counterfeit
certificates and other liquidated claims againft this State, have been d.ifcovered,
which fo nearly comport with the genuine papers of the fame defcription, as with
difficulty to.be diftinguifhed even by the figner thereof: And whereas, the papers of
the State heretofore have been partially iflued, without a proper check to preierve
the credit of the fame, and to guard the intereft of the State, and the individual
holders thereof, for remedy whereof :
*Be it therefore enaBed, That his excellency the governor, the prefent and late A board coriU-
auditor and the treafurer for the time being, be, and theyare hereby confiituted a certificateb,here.
board, 'to take in and receive all liquidated claims iflued by authority of this State, jf^d, &
(thofe iflued by Wade and O'Brian, and Seth John Cuthbert, whofe accounts remain with proper
unfettled, excepted) and they or any two of them, the auditor being one, fhall, and ^fm hcu
they are hereby authorized and required to. iflue others in lieu therof, with a proper
check, purfuing as nearly as may be, the plan and form of thofe iflued by the United
States', and fo? fuch fervices the late auditor fhall be provided for by a future
legiflature. .....
XI. And be it further enaBed, That fo much of the above recited adt, entitled Ruling daufe.
" An aft pointing out the mode under which property reverting to the State fliall be
difpofed of," as militates with this aft, be and the fame is hereby repealed.
WILLIAM GIBBONS, Speaker of the Houfe of Reprefentatives.
BENJAMIN TALIAFERRO, Prefdent of the Senate. '
GEORGE MATHEWS, Governor.
December 20, 1793-
No compensation being allowed ro the bo.rd confuted by tlvs fedion, their powers -were never earned
effect See a<* of 179-8, No. 6aj, for calling in the outftarchng evidences oi debts.
inro tr
An AB for appropriating money for the year 1 794. No. 503.
December :o, 1793.
.■!■'■■■'" A. D. 1794.
An Att to ratify the refolution of congrefs, explanatory of the judicial p so,,
poiver of the United States.
1[-T WHEREAS congrefs, at their feffion, begun and held at the city of Philadel- Preamble.
VV Phla» on Monday the fecond day of December, one thoufand feven hun-
dred and ninety-three, have, in virtue of the powers in them vefted by the fifth article
Y y y of
533
Jl. B. 1794.
No. ,504.
The propofed
explanatory a-
mendmtnt of
the conftitution
of the United
States, relative
to the judicial
power, adopted
by this State.
DIGEST OF THE
of the conftitution of the United States, deemed it expedient to propofe to the fegif.
latures of the feveral States, an explanatory amendment of the faid conftitution, i»
the words following: "The judicial power of the United States (hall not be com
ftrued to extend to any fuit in law or equity, commenced or profecuted againft one-
of the^United States by citizens of another* or by citizens or fubjea&of any foreign
otate.
And -whereas, this legiflature doth entirely concur therewith, deeming the fame-,
to be the only juft and true conftruaion of the faid judicial power, by which the
rights and dignity of the feveral States can be effeaually fecured:
I. Be it therefore enabled by the fenate and houfe cf reprefentatives of the State of
Georgia in general ajfembly met, That this legiflature have affented to, ratified and
adopted, and by thefe prefents, do, for and in behalf of the faid State of Georgia,,
fully affent to, ratify and adopt the aforefaid propofed explanatory amendment ia.
terms thereof.
THOMAS NAPIER, Speaker of the Houfe of Reprefentatives^
BENJAMIN TALIAFERRO, Prudent of the Senate.
GEORGE MATHEWS, Governor.
November 29, 1794.'
No. ,505.
The feat of pub-
lic buildings in
Columbia.
And of the aca-
demy of that
county.
Am Acl to eftablijh and make permanent the feat of the public building &
in the county of Columbia,.
E it enabled- by the fenate and houfe of reprefentatives of the State of Georgia in general
> a/fembly met, and by the authority of the fame, That the feat of the public
buildings in the county of Columbia,, as far as relates to the court houfe and gaol
therein, fliall.be on that public lot of land on the north weft margin of the Big Kiokee
creek, which was conveyed by William Appling, to the commiflioners of the court
houfe and gaoly it being the lot of land on which the aforefaid buildings do now
ftand.
II. And be it further enabled, That the feat of the academy flia-H be at fuch place as
the commiflioners of the Columbia academy, or a majority of them ihall deem pro-
per : Provided, fuch place be within one mile of the aforefaid lot of land,
THOMAS- NAPIER, Speaker of the Houfe of Reprefentatives.,
BENJAMIN TALIAFERRO, Prefdent of the Senate*
GEORGE MATHEWS, Governor*
November ly, 1794.
No. 506.
An Abl to repeal an abl, for inflibling penalties on, and conf /eating the ejates affuch~ perfonj:
as are therein declared guilty of treafon, and for other purpofes therein mentioned, fofar
asrefpecls the banifhment only of John Maxwell y aperfon therein named..
December 6", 1794.
Private*.
A&
LAWS OF GEORGIA. 53p
An Act to appropriate money to captain Jonas Fauche ; and for other purpofes. A. D. 1 794.
No. 507.
The other purpofes relate only to the making provlfton for an additional troop of horfe. The a3
ieing in its nature temporary, is omitted*
December 6, 1794.
An Acl for the better regulating of vendues within this State. No. 5080
HERE AS, it appears neceffary for promoting the revenue of this State and Preamble,
encouraging the commerce of the fame, that the fale of goods at public
vendue fhould be fubject to better regulations than heretofore.
I. Be it therefore enabled, and it is hereby enabled by the freemen of the State of Georgia Enacted.
in general ajfembly met, and by the authority of the fame. That from and after the paf- Vendue nailers
fing of this act, four vendue mafters fhall be appointed for the town of Savannah, at bjfvan«ah'
one for the town of Augufta, one for the town of Sunbury, and one for the town bury &St. Ma-
of St. Mary's, who fhall continue for and during the term of two years, and fhall ry s*
give bond to the governor and his fucceffors in office, with two fufficient fecurities Appointed for
in the fum of one thoufand pounds, for the faithful dlfcharge of their duties, and |jjv° j^jf'gj?
for well and truly performing the terms and payments in and by this act directed and to the governor
re-quired.
II. And be it further enabled by the authority aforefaid, That the faid vendue mafters, Their powers
and no others, fhall, from and after the paffing of this act, have full power and ?'
authority to fet up and expofe to fale by public outcry and vendue, all and any houfes,
lands, fnips and veffels, goods and wares, and merchandize and property whatfoever,
rendering and paying to the State treafurer for the ufe of the State, one per centum To pay into the
of the grofs amount of the fale fo by him or them made as aforefaid, in manner ive* y*,,Vf**
o ; » cent, on ulliales.
following, that is to fay : That each and every of the faid vendue mafters fhall once
in every three months render an account upon oath to the faid treafurer, (which oath
any judge or juftice of the peace is hereby empowered to adminifter ; and the trea-
furer is hereby directed to file the faid account with the faid oath, in his office) of all
the effects and property by him or them fold, at any time before the faid time of
rendering the faid account, and fince his laft fettlemenf, and fhall then immediately
pay to the faid treafurer, the full amount of the faid one pound in the hundred
pounds upon the account \ and upon any failure in rendering the faid account upon In cafe of failure
oath, or of payment of the faid fum of one per centum, any vendue mafter fo failing |7Uc°eVckd againiu
or neglecting fhall be discharged from their appointment, the bond put immediately
in fuit, and fome other per f on appointed in his room, and if any perfon or perfons All other per-
other than the faid vendue mafters, fhall be found felling or difpofing of any houfes, a°^;0n J"f "
lands, fhips, or veffels, goods, wares, merchandize or property whatfoever, within near either of
the towns of Savannah, Augufta, Sunbury, or St. Mary's, or within two miles of abie*to "penalty
the fame, except as herein after excepted, by way of public vendue or auction, of £100 for the
each perfon or perfons fo offending and being legally convicted, fhall, for every fuch
offence, forfeit the fum of one hundred pounds to the ufe of the poor of the county
where fuch offence fhall be committed > and moreover, it ihall and may be lawful for
any
54o DIGEST OF THE
A. D. 1794. any juitice of the peace of the towns reflectively, upon his own view or the tefti-
Nb. 508. mony and information of one or more creditable witnefTes to him given, of any
perfon felling any lands, (hips or vefTels, goods, wares, merchandize or other pro-
perty whatsoever, by way of public auction or vendue as aforefaid, (except as by this
act is excepted) within the faid towns, or within two miles of the fame, to caufe
fuch perfon fo offending to be apprehended, and may oblige him., her or them to
An.l to give fe- fend fureties for his, her or their good behavior and appearance at the next fuperior
eood'behavior^ court t0 ke nehi in the county where the offence is committed.
Their rccogniz- III. An d be it further enabled, That if the party fo bound over, (hall, during the
fciud" °W °'" continuance of his, her or their recognizance, prefume to fell or expofe to fale at
public vendue as aforefaid, any lands, houfes, goods, wares, merchandize or other
property whatfoever, within any of the faid towns, or within two miles of the fame,
fuch felling or expoGng to fale fhall be deemed, and is hereby declared to be, a breach
of the faid recognizance.
Provifo. IV. Provided always, and it is hereby further enabled. That nothing herein contained
Nottohinderle. ^all extend or be conftrued to extend to hinder any lawful executor or executors,
gal tales by exe- r _ J .■''.'''
cutors, adminif- administrator or adminiftrators, to expofe to fale, by way of public auction, vendue
officers01 'C or otnerwife> any lands, tenements, goods or chattels, or other property of their
refpective teftators or inteftates, or to hinder any fheriff, conftable or other officer,
to fell and difpofe of by way of vendue, any lands, houfes, fhips, vefTels, or other
property whatever, taken in execution and liable to be fold by order of law, but
that all and every fuch perfon or perfons may do therein, as they might have done,
any prohibition in this or any former law to the contrary notwithstanding.
Vendue matters V. And be it further enabled by the authority aforefaid, That no vendue fhall be
to 3eh only in held by any vendue mafter in the diftrict of any other vendue mafter, and that their
their own dil- J * J _ *
tridts. fees or recompence for felling at public vendue, collecting the money, and paying
Thtir fees or over the fame without lofs or wafte, ihall be as follows : For houfes, lands, negroes,
comm ons. fhips, floops, fchooners and other vefTels, two and a half per centum, and for all
other goods and property whatfoever, five per centum.
Monies &c— VI. And be it further enaEled by the authority aforefaid, That if any vendue mafter
how to be reco- {hau neglect or refufe to pay over the monies arifing from the fales of any houfes,
vcred of them. .
lands, goods, wares, merchandize or any other property fold as aforefaid, either at
private fale or public auction, to the owners of the fame, or his or her legal repre-
fentatives, within a reafonable time after demand made, and after the fale of the
property aforefaid, all fuch debts due by fuch vendue mafter fhall be confidered as
As in cafes of coming under and may be fued for and recovered from them or their fecurities, as in
couitsmerc.ant cafes 0f courts merchants.
Repealing daufe. VH- And be it further enabled, That all laws heretofore 'made and enacted, fo far
as they relate to vendues, be and they are hereby repealed.
^FIOMAS NAPIER, Speaker of the Houfe of 'Reprefentatives.
BENJAMIN TALIAFERRO, Prefdent of the Senate.
GEORGE MATHEWS, Governor.
December 8, 1794.
An
LAWS OF GEORGIA. 541
An Acl to alter the prefent boundary lines of the federal counties therein A. p. 1794.
mentioned. °' S°'J'
E it enaBed by thefenate and houfe cf representatives of the State of Georgia in general Part of Effing-
affembly met, That all that part of Effingham county, fouth of Ogechee river, fc^^ £°
be, and the fame, is hereby declared to be added to Bryan county.
II. And whereas, certain doubts have arifen refpefting the boundary lines of the
county of M'Intofh, and in as much as the fame are uncertain and indefinite ; Be it
enabled, That the true conftruftion of the aft laying off the faid county of M'Intofh, Mlntofh coun-
as refpefts the boundaries of the fame, is, and (hall be in the manner following, viz. fyn'ed°un iry e"
From the north end of Black-bird ifland to the mouth of fouth Newport river ; from
thence up Bull-town fwamp to the mouth of Big Mortar fwamp ; thence along the
fouthern margin of the main Bull-town fwamp to the head or fource thereof; from,
thence a north weft courfe to the old boundary line ; and thence along the fame to
the Alatamaha river ; down the faid main flream to the fouth branch thereof ; thence
down that branch of the faid river which empties itfelf at the north end of Little St..
Simon's ifland to its mouth j and from thence"" along the fea coaft to the north end of
Black-bird ifland.
THOMAS NAPIER, Speaker of the Houfe of Reprefeniativet,.
BENJAMIN TALIAFERRO, President of the Senate.
GEORGE MATHEWS, Governor.
December 16, J 794.
An Acl to regulate the admeafurement and infpeclion of lumber \Jlaves -, No. 510.
/higgles, and for other purpofes therein mentioned.
I. "13 E it enacled by the fenate and houfe of reprefentatives of the- State of Georgia in Lumber— what
jLJ general affembly met, and by the authority of the fame, That from and after kind ^ (lcfcr,'P-
■ - ■ . tion deemed
the palling of this aft, ranging timber, fcantling and boards, fhall be deemed mer- meVcfcaawtfo
chantable only, when made, fhaped, formed and conditioned, as is herein after, di-
rected, that is to fay : All ranging timber, fcantling and boards, fhall have fquare
edges, be found and without decay : Neverthelefs, if any fcantling or boards, to be Split.decayedor
meafured and infpefted under and by virtue of this aft, fhall be fplit, decayed or fra<auri:d p&*W<
fraftured, more than two feet and lefs than fix feet, from the end thereof; in that edintheadmea-
cafe fuch fplit, decayed or fraftured part, fhall be left out, and not counted in the furemem-
faid admeafurement.*
II. And be it further enacled, That pipe, hogfhead and barrel ftaves, fhingles and Staves, fhu^ies
heading, &c. fhall be confidered merchantable only, when made, formed, fhaped &c'
and conditioned in manner following, viz : Pipe ftaves to be at leafl fifty-four inches
in length, three and a half inches in breadth, and one inch thick, on the edge ;
hogfhead ftaves to be forty-two inches long, three and a. half inches broad, the one
edge an inch, the other not lefs than three quarters of an inch thick, found and.
free
• See aft of 17^8; No, 630, for the better regulating the admeafurement of lumber.
folid measure-
ment.
S42 DIGEST OF THE
A.D. 179+* feee from worm holes or knots ; barrel Staves to be two and a half feet long, not
No 51c. ]efs than three and a half inches wide, one inch thick on the one edge, and not lefs
than three quarters of an inch thick on the other edge, ftraight and free from decay,
worm or knot holes ; heading to be two and a half feet long, fix inches broad, an
inch thick on the one edge, and not lefs than three quarters of an inch thick on the
other, found, and free from decay, worm or knot holes ; fhingles to be twenty-two
inches long, not lefs than three and a half inches wide, a half inch thick at the
thicker end, not decayed, free from worm or knot holes.
Inspectors and III. \And be it further enaEled, That the inSpettors and meafurers to be appointed
nieafurers: their as herejn after directed, (hall, and are hereby entitled, to receive for their trouble
and care, in and about the inSpecting, meafuring or ascertaining the quality and
dimenfions of merchantable lumber of the various forts as herein before enumerated,
the prices and compenfation following, viz. For ranging timber per thoufand feet,
Seven pence ; for fcantling and boards per thoufand feet, one fhilling and nine pence ;
for ftaves and heading, per thoufand, three (hillings and fix pence : for fhingles per
thoufand, one fhilling and two pence ; for live oak and cedar, three Shillings and fix
pence per hundred feet.
Superficial and IV. And be it further enabled, That all lumber of whatever fort or kind, here-
after to be infpeclxd and meafured under this act, (hall be reckoned and afcertained
by .Superficial meafurement, except live oak and cedar, which fhall be reckoned and
afcertained by folid meafurement.
Refufe lumber. V. And be it further enafied, That lumber of every denomination, not agreeing
with the description and Standard by this act required, fhall be deemed and taken to
Inspectors al- be refufe ; and the inSpectors and meafurers thereof fhall be entitled to receive only
lowed only half one j,rjf tjie pr;ce anj compensation to them given for the infpection and meafure-
aii fees toi.e P?ii rnent of merchantable lumber ; and the fees accruing to the inSpectors and meafurers
Joiiidyby bo U buy- ° ' *
er and teller. Oiall be paid jointly by both buyer and feller.
Infpeflors to he VI. %And be it further ena&ed, That from and after the palling of this act, fit and
appointed annu- pr0per perfons (hall be appointed, annually, by the general aSSembly : For the port
oeral affembly. of Savannah, eight ; for the port of Sunbury, one ; for the port of St. Simon's,
.two ; and one for the port of St. Mary's, as inspectors and meafurers of lumber as
aforefaid.
Tobefworn, & VII. And be it further enaFted, That perfons appointed to be inSpectors and mea-
feauity.11 W furers of lumber as aforefaid* Shall, before they enter on the duties, of their, office,
Their oath. take the oath or affirmation following, viz. " I, A. B. in the prefence of almighty
God, do Solemnly Swear, or affirm, that I will Sairly and honeftly, to the beft of
my Skill and judgment, execute the office of the infpedtor and admeafurer, according
to law. So help me God." And Shall each enter into bond, with Sufficient Security,
before his excellency the governor, or two or more of the juftices of the inferior
court of the county in which Such inSpector Shall refide, in the Sum oS five hundred
pounds, for the due and faithful performance of his Said truSt, which Shall be lodged
in
f This feci:, repealed by act of 1798, No. 620. See 1 and 5 fe<St.
jf This feclion is repealed by ad of 1758, No. 6ap.
LAWS OF GEORGIA.
fc the clerk's office of fuch court. And no perfon or perfons fhall be permitted to A. D. ,704.
mlpedt and admeafure lumber as aforcfaid, except thofe appointed by the § legi/la- No- **&
tare y and if any perfon or perfons mail attempt to infpea and admeafure as afore- SMfc Eg?
Cud, (except thofe herein before excepted) every fuch perfon or perfons fhall, for every Eg* ,Mfc
Inch offence, forfeit and pay the fum of five hundred dollars, one third to the
informer, and the remaining two thirds to the ufe of this State.
THOMAS NAPIER, Speaker of 'the Houfe of ' RePrefentative<.
BENJAMIN TALIAFERRO, Prudent of the Senate.
GEORGE MATHEWS, Governor,
December 16, 1794.
§ fiifpetftors are appointed bj inferior courts.
No, JIS.
An AB to grant leave to thejujitce* of the inferior court of Chatham
county, to eftabhfh a lottery, for the purpofe of budding and com-
pitting afeaman s hofpttal and poor houje -within the faid county.
WHEREAS aconfiderabte number of readable inhabitants of the city of Pr™d>...
Savannah, have made application to the legiilatute by petition, WelW
ihe propriety of eftabliflnng a .o.tery for the purpofe of defrayfng the clences of
ereang a feaman's hofpitai and poor houfe, and to piacc the fame under rl d h^on
of the juftices of the inferior court of the county of Chatham ™Wan
Andvhereas, the objeft of eftablifhing the faid lottery, will not only produce bene
S3? t0 ** State 1 •"""* but tru,y confift«t ** <-" s&*
L Be it therefore enacled By the fenate and houfe of reprefentatives of th, <?a , r
Georg!a general aje^ met, Tha, it mall and mly L LL S^fnS^S£ f — . ,
mfenor court of the county of Chatham, to eftablifh a lottery with famol h ^S
from and after- the paffing this law, under fuch fcheme, regulations and ribMV !?? •' ,feaman'3
- the faid juflices of the inferior court of the county S^d^eL ^ 0? *»~
and proper, fully to efTec! the end of building and completing; a faS'Sf
. and poor houfe within the faid county. P g S h°fpital
THOMAS NAPIER, S^r ofthe Hmf, of Ret>rerentat-
December 16, 1794.
^ ^> * r^/ ,/ Colonel Peter PurUnsr and for other purtofes.
December 10", 1794, No> £**•
Private,
J$h
544 DIGEST OF THE
No
Preamble.
A.D. 1794. An AB for pointing out the method of compelling perfons refiding in
JIJ- this State, to give evidence in caufes pending in another.
~1,1|" THERE AS, much inconvenience'has arifen to individuals from nocompulfory
W procefs having been adopted in the different States, to oblige the citizens
or refidents thereof, to give evidence.in fuits pending in other States, and for remedy
whereof, as far as it might be occafioned by perfons refiding within the State of
Georgia :
Enaded. ' I. Be it enaHed, That if the trftimony of any perfons refiding within the faid
How to compel State, (hall be required in any fuit pending in' any court of record in either of the
perfons redding United States, and he, fhe or they (hall be required to-appear before commiffioners
g"veheSvidenec'ein appointed to take his or her examination under a commiffion, properly ifiued and
caufes depend- authenticate<l agreeably to the laws and rules of the courts of the State from which
mg m anot er. ^ ^^ ^ ^ ^ appearing fh'all refufe to anfwer to -fuch legal interrogatories as
fhall be annexed to the faid commiffion and exhibited to him, her cr them, .it (hall
be lawful for either of the faid commiffioners, or the party upon, whofe application
the faid commiffion was iffiied, to apply to any judge of the fuperior courts of this
State, or juftices of the inferior court of the. county within which fuch perfon
whofe teftimony is required may refide, and upon, producing before him fuch com-
miffion, and his being fatisfied of its regularity and on affidavit being made of fuch
refufal he {hall Me a fubpeena in the ufual form, direfted to fuch perfon or perfons
as aforefaid, requiring him, her or them, to be and appear before the faid commif-
fioners at a certain time and place, to anfwer. to fuch legal interrogatories as may be
annexed to the faid commiffion and then exhibited to him : Provided, That he (hall
not be required to attend fuch examination and give anfwers to the faid interrogato-
ries within lefs than two days after the fervice of the faid fubpeena ; neither fhall he
be obliged to attend for fuch examination out of the county where .he refides, nor
more than ten miles from the place of his refidence,- and upon due fervice of the
faid fubpeena u!pon fuch perfon or perfons, the fame {hall be returned to the commif-
fioners on or before the time appointed for the examination and the fervice of fuch
fubpeena proved by the return of the proper officer, and on the refufal or nsgleft of
• fuch perfon or perfons to comply with .'its mandate endorfed on or annexed to the
faid fubpeena and returned to the fuperior or inferior courts, (as.the-cafe may require)
of the county in which fuch perfon or perfons refides, he, fhe .or they, , fhall be fub-
jea for fuch neglect or refufal to all the pains and penalties to which fuch perfon or
perfons would have been fubje£t for a fimilar default in any cafes pending in the courts
of this State.
Entitled to like II. And be it further emcled, That the perfon or perfons whofe evidence fhall be
fees with other required as aforefaid, fhall, if they or any of them require the fame, be entitled to
witneffes. ^ ^^ ^ ^ ^ ^ perfons fummoned to give evidence in the fuperior or inferior
courts of this State.
THOMAS NAPIER, Speaker of the Houfe of Reprfeniahyes.
BENJAMIN TALIAFERRO, Prefdentof the Senate.
GEORGE MATHEWS, Governob.
December 16, 1794.
LAWS OF GEORGIA. S45
jiff Acl' pointing out the time ', plate and manner of holding eleblions for perfons to reprefetit A. D. 1794,
this State in the houfe of reprefentatives of the. United States. No- 51*-
December 18, 1794.
See ail of 1796, No. 572, feci. 2.
j$n Acf to vejl certain powers in his excellency the governor ^ to pre- No. St$.
vent abufes in perfons furveying lands already granted^ and lands
furvey ed not ivithin the limits of any county defcribed by law-, and :
for other purpofes.
.Is { ~\ £ it enabled by the fenaie and houfe of reprefentatives of the State of Georgia in The governor
\ J general ajfembly met. That his excellency the governer be, and he is hereby maX. y pr°*-
xequired on the information of any perfon or perfons on oath, fetting forth, that vent abufes in
any furvey or furveys of land within this State have been illegally made, and con- Urve)ing-'1P *>.
trary to the laws thereof, that then and in that cafe, he ftay all proceedings on all':
fuch furvey or- furveys, and that he notify in the public gazette, for fixty days, re-
quiring the party or parties to appear before him at the executive chamber, there
te be examined in the premifes, on oath, and to judge and determine according to
law, and the opinion he may entertain of the evidence, and on fuch determination,
either to. annul, arid render void the faid proceedings had on fuch furvey or furveys, i
or fully to carry into effect, by granting of the fame, any law. to the contrary not- .
withftanding.
II. And be it enabled by the authority aforefaid, That no county furveyor or his de»- Cqunty. &&&<*!*&,
puty, fhall after the palling of this act:,, admeafure or furvey to any perfon or perfons tomai^fucxjjsiu
poffeffed of or. holding .a warrant iffued prior to the tenth day of December inftan&y
except fuch warrant fhall appear to be the head rights or bounties .of the poffeffor
founded on the laws of this State ; and the juftices within the feveral counties, hold- Thejufiiresfurbui ,
ing land courts, are hereby exprefsly forbid to rnake any renewal of, transferred red .warrgi^,
warrants whatfoever, any law to the contrary notwithftanding.
THOMAS NAPIER, Speaker of the Houfe of Reprefentatives,
BENJAMIN TALIAFERRO, Prefdent of the Senate. ..
GEORGE MATHEWS, Governor.
December 25, 1 794*
1
An Aclfor carrying into tffecl the feventhfecJion of the fourth arti-, tio^si^
cle of the confiitution of this State.
rHEREAS, in the feventh fection of the fourth article', of. ths conftilutiqn Preamble?
of this State, it is.exprefsly.declared in the words, following, that is to
fay: "At the general election for members of affembly, in the. year of -our. Lord ;
one thoufand feven hundred and ninety-rfour, the electors in each county fhall elect
three perfons to reprefent them in a convention, for the purpofe of faking into eon- .
3 z z. iide^atio» -
S46 DIGEST OF THE
A' D. 1794. federation the alterations neceffary to be made in the conftitution; who fliall meet
No. 516. at fucjj tjme an(j piace as the general affembly may appoint." And whereas, our fellow
citizens having agreeably to the faid article, complied with fo much thereof as ap-
pertain to them ; therefore, in order to carry fully into effect, the intention of the
faid conftitution :
The .convention I« Be it enabled by the fenate and houfe of 'reprefentatives in general affembly met, That
— when to meet t]ie meetincc of the convention be in the town of Louifville, on the firft Monday in
at Louifville. ° 1
May next.
Vacancicsthere- II. And be it further enabled, That in cafe of the death or refignation of any of
fi!!e^' V t0 tne memDers of the faid convention, the governor upon being legally notified thereof,
is hereby authorized and required to iffue a writ or writs of election, directed to two
or more magiftrates of the county where fuch vacancy or vacancies happen, requiring
them after ten days notice in writing, pofted at three or more public places of refort
within the faid county, to proceed to open a poll at the ufual place for holding elec-
tions within the faid county, for the electors to elect and fill up fuch vacancy or
vacancies as the faid writ of election may point out and require : And the perfon or
perfons having the higheft number of votes, be returned as a member or members of
the faid convention, duly certified under the hand and feal of the prefiding magif-
trates of the faid county, and that the fheriff do attend for the purpofe of preferving
- good order.
THOMAS NAPIER, Speaker of the Houfe of Reprefentatives.
BENJAMIN TALIAFERRO, Prefident of the Senate.
GEORGE MATHEWS, Governor.
December 25, 1794-
No. 517. An Aclfor adding part of Greene county to Oglethorpe county, and for
other purpofes.
Part of Greene 13 % & ^na^ed by the fenate and houfe of reprefentatives of the State of Georgia in
county added to Jl3 general affembly met, That all that part of Greene county, contained in the
s e following boundary, be added to Oglethorpe county ; beginning at the Cherokee
corner, thence along the line dividing Franklin from Greene to the Oconee river;
thence down the faid river to the mouth of Falling creek; thence north fixty degrees
eaft, 'til it fhall interfect the ^ine running from the head of Ogechee to the Cherokee
County furvey- corner. And that the county furveyor of Oglethorpe be directed within two
or— when to mont|,s t0 run the faid line<
run the line.
THOMAS NAPIER, Speaker of the Houfe of Reprefentatives.
BENJAMIN TALIAFERRO, Prefdent of the Senate.
GEORGE MATHEWS, Governor,
December 25, 1794.
No. 518.
An Acl for the relief of John Fur low, one of the perfons named in the abl of conff cation
and banifhment.
December 25, 1794. An
LAWS OF GEORGIA. S47
An AH for incorporating the mechanical fociety of the tozvn of A. D. 1794,
Augufla. °' •5'9'
WHEREAS, William Longftreet, prefident ; John Catlett, vice-prefident ; Preamble.
Thomas Bray, fecretary ; Robert Crefvvell, treafurer ; and Hugh Magee,
William Deamond, Baxter Poc!, John Cook, Jofeph Stiles, Angus Martin, John
Stiles, Hiel Chatfield, Edward Primrofe, Conrod Liverman and Ifaac Wingate, have
by their petition reprefented, that they are mechanics of different trades, refiding in
the town of Augufla ; . that they are defirous of placing their various crafts on a more
focial footing than heretofore, and of eftablifhing by their united exertions and con-
tributions, a lafling fund for the relief and fupport of fuch of their unfortunate bre-
thren, or their families, as are or may become objects of charity ; and for thofe
purpofes have voluntarily united and formed themfelves into a fociety, under the
ftyle and name of the Augufla Affociation of Mechanics. And in order to infure
and eflablifh their faid institution in a permanent and effectual manner, fo that the
charitable and beneficial objects thereof may be executed with fuccefs and advantage,
have prayed the legiflature to grant them an 3& of incorporation:
I. Be it therefore enabled by the fenate and hoitfe of reprefentatives of the State of Georgia Ena&ed.
in general ajfembly met, and by the authority of the fame, That the feveral perfons herein TheAuguftaat-.
before named, and others who are or may become members of the fociety before chanksincorpo-
mentioned reflectively, the officers and members thereof, and their fucceffors, fhall rated.
be, and they are hereby declared to be a body incorporate, in name and in deed, by
the ftyle and denomination of the prefident and vice-prefident of the Augufla affocia-
tion of mechanics ; and by the faid name and ftyle fhall have perpetual fucceffion of
officers and members, and a common feal to ufej and fhall have full power to make,
alter, amend and change fuch by-laws as may be agreed on by the members of the
fame : Provided, fuch by-laws be not repugnant to the laws or conftitution of this Provifo.
State or the United States. And provided alfo, That the faid fociety fhall not confift
of more than feventy-five, or lefs than twenty members, who fhall be refidents of the
faid town of Augufla, and citizens of the United States.
II. And be it further enabled by the authority aforefaid, That they fhall have full Vefted with con
power and authority, under the ftyle and name of the prefident and vice-prefident of ain povvc s'
the Augufla affociation of mechanics, to fueforand recover all fuch fum or fums of mo-
ney, as now are or hereafter may become due to the faid fociety, by any name or ftyle
whatever, at any court of law, or at any tribunal having jurifdiclion thereof ; and
the rights and privileges of the faid fociety in any court, or at any tribunal whatever,
to defend and alfo to receive, take and apply bequefls or donations, as may be made to
and for the ufes and purpofes intended by the faid inflitution ; and fhall be, and are
hereby declared to be vefted with all the powers and advantages, privileges and emo-
luments of an affociation or fociety of people incorporated for the purpofes and inten-
tions of their faid affociation. •
HI,
548
DIGEST OF THE
A. D. 1794. III. And be it further enabled, That this aft fhall be, and is hereby declared to be
PuWic'adt!" deemed and confidered a public a&, to all intents and purpofes whatfoever.
THOMAS NAPIER, Speaker of the Houfe cf Reprefentatives.
BENJAMIN TALIAFERRO, Prefident of the Senate.
GEORGE MATHEWS, Governor.
December 25, 1 794-
dian title
No. 520. An Aft for appropriating apart of the unlocated territory of this State
, for payment of the late State troops, and for other purpofes therein
mentioned**
Lands how to L 3 E it enabled by the fenate and houfe of reprefentatives of the State of Georgia in
be granted after J|^3 general affembly met, and it is hereby enacted by the authority of the fame, That
ment of the in- on the expiration of two months after the Indian claims fhall be extinguifhed to the
territory herein after defcribed, it fiiall be lawful for any perfon or perfons to obtain
a warrant of furvey from his excellency the governor for the time being, under the
regulations and reftric~tions herein after mentioned, that is to fay : There fiiall be a
commiflioner of locations, appointed by the legiflature, in each county within this
State, whofe duty it fhall be, to keep a fair book of entries, in the form to be pre-
ferred by the fecretary of the State, and the furveyor-general, and to receive appli-
cations for warrants in terms of this ac~t. ; but previoufly to making any entry therein,
fuch commiflioner of locations fhall require a certificate of two or more freeholders,
together with the oath or affirmation of the perfon applying, taken before him in
writing, fetting forth the number and defcription of his family entitled to head
rights, and that they do intend to fettle the lands applied for, agreeably to the tenor
of this a£r, which oath or affirmation, the faid commiflioners are feverally authorized
and required to adminifter. A copy of which entry, together with the certificate
and affidavit aforefaid, fhall be tranfmitted under the hand and feal of fuch commif-
fioner to his excellency the governor, who fhall thereupon ifTue his warrant to the
perfon making the entry as aforefaid, or to his, her or their legal reprefentatives,
under a proper check, directed to all and Angular the furveyors to be appointed under
this act. And the faid commiflioners of locations fhall be, and they are hereby
entitled to demand and receive of the perfons applying for and obtaining entries as
aforefaid, the fum of half a dollar for every entry fo made by him. And fuch com-
miflioners of locations fhall, before they enter upon the duties of their office, be
refpedtively fworn before one or more of the juftices of the inferior court of the
county in which they fhall refide, and enter into bond, with fufficient fecurity in the
•fum of one thoufand pounds each, payable to his excellency the governor and his
fucceflbrs for the due and faithful performance of the duties required of them by
this a£t, which bonds fhall be taken by the clerks of the inferior courts of the feveral
counties, and be by them tranfmitted to the executive. And his excellency the go-
vernor
* See act of 1796, No. 567, "to provide a fund in aid of this act." See a!fo treaty at Colerain made in
virtue thereof. Appendix page
LAWS OF GEORGIA. 549
vernor fhall be entitled to receive, on every warrant ilTued by him, the fum of half A. D. 1794.
a dollar, and his fecretaries half a dollar, and all grants ifTued in purfuance of this No- 520.
acl fhall be free from State fees.
II. And be it further -enafled, That all fuch warrants may be located to any part or Surveys In what
parcel of land fouth of the Oconee, and within the boundary line defcribed in and order ^nd ma,n"
by an act pafied and dated at Augufta, on the thirty-nrft of October, in the year of
our Lord one thoufand feven hundred and eighty-feven, entitled " An act for fup-
preffmg the violences of the Indians." And after fuch warrant is obtained, it fhall
be the duty of either of the furveyors of the diftricts herein after mentioned, or
their deputies, to furvey the fame in the order in which fuch warrants may be deli-
vered to them, and in the manner following, to wit : The faid furveyors fhall make
two fair plats of all furveys made by them, the fcale whereof to be inferted in fuch.
plats ; and fhall plainly and diftin&ly defignate thereon the beginning, angles, diftan-
ces, marks and water courfes, and other remarkable places croffed or touched, or
near to the lines of fuch lands, and alfo the quantity of acres, and fhall tranfmit
fuch plats to the furveyor-general's office, together with the warrant or order of fur-
vey, one of which with the warrant fhall be filed by the furveyorrgenerai, and the
other annexed to the grant. And no furvey fhall be made without chain carriers,
who fhall actually meafure the land furveyed, and fhall be paid by the party for
whom the furvey fhall be made; and fuch chain carriers fhall be firft fworn to mea-
fure juftly and truly, and to deliver a true account thereof to the furveyor, which
oath every furveyor is hereby empowered and required to adminifter : And every
furvey fhall be bounded by natural boundaries or right lines, and fhall be an exact
fquare, unlefs whers fuch lines interfere with lands already granted or furveyed, or
unlefs where the furvey fhall be made in any river or water courfe above the width
of fifty feet, in which laft cafe the water fhall form one fide of the furvey, and the
breadth on fuch water fhall not be more than one half of the diftance back
from the water ; and the lines of every furvey fhall be diftinctly and plainly marked,
leaving no part thereof open, and there fnall be one or more ftation trees plainly
marked with a blaze and three chops in every line, except where it is rendered im-
practicable by fwamps or water courfes : Provided neverthelefs ', That nothing here- Provifo.
in contained fhall be conftrued to extend to prevent any perfon from obtaining a
furvey of any illand or iflands in the navigable waters, the quantity of which fhall
not exceed what is allowed by this acl: to be contained in one furvey : Provided alfo, provifo.
That no perfon or perfons fhall be allowed to obtain a warrant for more than three
hundred acres for his, her or their head right, and fifty acres for his wife, and fifty Head rights '-a
acres for every free born child he or they may have under the age of fixteen years ; allowed,
and all unmarried perfons from that age and upwards, fhall be entitled to a warrant
of three hundred acres ; And provided alfo, Any. perfon or perfons obtaining fuch Provifo.
warrant and making fuch furvey, the furveyor making the fame, fhall within two Surveys to be
months thereafter advertife the fame in two or more public places adjoining fuch advcrt,fcd»
diftrict, as alfo in one of the gazettes in the town of Augufta, at leaft three months
before the fame fhall be fent to the furveyor-general's office, in order to obtain a
grant. €11.
55°
DIGEST OF THE
A. D. 1794-
No. 520.
Warrants to be
iifued in place
of the State
troop bounties.
What proporti-
on to be culti-
vated. .
Settlers exempt
from taxes for
four vears.
Surveyors, to
give bond and
fecurity, and be
fvvorn.
Illegal furveys
declared void.
£20, 000 appro-
priated to ex-
Uiiguifh Indian
claims.
Application to
congrefs for a
treaty for that
purpofe.
Commifiioners
to be appointed
—their falary &
that of their f«-
cretary.
Ill: And be it further enabled, That the officers and foldiers of the late State troops,
and their reprefentatives, fhall be, and they are hereby entitled to receive a warrant
from his excellency the governor, in like manner with the citizens aforefaid, on
producing the genuine original bounty warrant iflued under and by virtue of the
aforefaid act for fuch quantity as is therein expreffed ; and the faid furveyors to be
appointed as aforefaid, (hall not locate or furvey any lands in the faid diftricts under
any other warrant or warrants whatever, than thofe iflued agreeably to the directions
of this act.
IV. And be it further enabled. That every perfon or perfons making fuch furvey or
furveys, fhall within twelve months fettle in faid diftrict, and cultivate at leaft one
acre for every hundred acres he may fo locate, and that no one perfon fhall obtain a
warrant in his own name for any larger quantity than is herein before fpecified.
V. And be it further enabled, That for the encouragement of perfons defirous of
fettling on the faid lands, and to extend the limits and encreafe the population of
this State ; the faid diftrict or county lhall be exempt from taxes for the fpace of
four years from and after this act fhall take effect $ and no perfon or perfons fhall be
bound to pay for fuch land more than the ufual and cuflomary office fees.
VI. And be it further enabled, That the furveyors to be appointed by this act, for
the faithful performance of their duty, fhall each and every of them give bond and
fufficient fecurity to his excellency the governor for the time being, in the fum of
three thoufand pounds, and fhall take and fubferibe the oath ufually adminiftered to
furveyors. Any perfon or perfons, or furveyor, who fhall prefume to furvey land in
the faid diftrict not duly authorized, each and every fuch perfon or perfons, fhall
for every furvey made, forfeit and pay the fum of ten {hillings for every acre fo
furveyed, one half to the informer, and the other half to and for the ufe and benefit
of this State, which fum mail be profecuted for by the department of the attorney-
general, on the information of any pesfon, and all fuch furveys fhall be, and they
are hereby declared to be null and void.
VII. And whereas, many perfons have furveyed lands contrary to the laws and
welfare of this State ; Be it enabled, That all fuch furvey or furveys, and the grants
founded thereon, be, and the fame and each and every of them are hereby declared
to be null and void.
VIII. And be it further enabled, That the furn of twenty * thoufand dollars be,
and the fame is hereby appropriated for the purpofe of extinguishing the Indian
claims to fuch territory, (fhould any there be :) And the fenators and reprefentatives
of this State in the congrefs of the United States are required to apply, without
lofs of time, for a treaty to be held with fuch tribes or nations of Indians who may
claim the right of foil to fuch lands ; and this law fhall begin to operate within two
months after the extinguifhment of fuch claim or claims.
IX. And be it further enabled, That three commiffioners be appointed to attend
any treaty to be held under the authority of the United States for the purpofe of
extinguifhing the Indian claims to the territory aforefaid, who fhall be entitled to
receive
*, Further fum appropriated by act of 1796, No. 567.
LAWS OF GEORGIA. 55r
receive fix dollars per day each, as a compenfation for their fervices, and they fhall A. D. 1794.
be allowed a fecretary, who (hall receive three dollars per day for his fervices. No- 5io.
X. And whereas, the Indian claims to that tract of country called and known by
Tallifee, lying between the rivers Alatamaha and St. Mary's, were extinguifhed by
commiinoners appointed by the legiflature of this State, in October, one thoufand
feven hundred and eighty-five, by treaty. Be it therefore enabled, That all that tracl: of The !ands >n
country called and known by Tallifee, be, and the fame is hereby annexed and fet t0 be granted
apart for location in the fame manner, and under the fame rules and regulations as out in like man-
the lands defcribed in this act, any law to the contrary notwithstanding. Provided, Provifo.
That no location on the lands herein defcribed fhall take place until the affent of the
general government fhall be firft obtained.
XI. And be it further enabled, That the territory lying between the rivers Oconee, The lands lyin^
the branch thereof called the Appalachee, and the Oakmulgee, fhall belaid off into conee^ppak"
five diftricts, in the manner following, viz. All that part from the confluence of the thee and Oak.
Oconee and Oakmulgee rivers, up to a line to be run directly from Carr's Bluff on laid^ffintodif-
the Oconee, to the place where the Cuffeta path crofles the Oakmulgee river, fhall m<fts-
form the firft diftrict : All that part lying between the faid line, and a parallel line,
to be run directly from the mouth of Shoulderbone to the Oakmulgee river, fhall
form the fecond diftrict : All that part lying between the faid laft mentioned line,
and a parallel line to be run from the mouth of Jack's creek on the Appalachee river,
to where the fame fhall interfect the northernmoft or the main branch of the Oakmul-
gee river, fhall form the third diftrict : All that part lying between the north and
fouth branches of the Oakmulgee river, that is to fay : From the fork thereof up
the faid northern or main branch of the faid Oakmulgee to the place where the
Bloody-trail crofles the fame, thence a due weft courfe to the Chatahouch.ee river ;
thence down the faid river to a point on the fame, from which a due ealt line fhall
ftrike the head or fource of the main fouthernmoft branch of the faid Oakmulgee ;
thence down the fame to the place of beginning, fhall form the fourth diftricl :
And all the remaining part of the faid territory fhall form the fifth diftricl:.
XII. And be it further enabled, That all the diftricl: of territory called Tallifee, Tallifee, to form
fhall form one other diftricl: ■, and that a furveyor fhall be appointed by the legiflature ^thcr dmnia.
for each and every of the diftricis above mentioned, who fhall give bond and ap- appointed for
proved fecurity to his excellency the governor, in the fum of three thoufand pounds eac "
each, for the faithful and impartial performance of their duty, agreeably to the
principles of this a£t ; and no furveyor fhall be at liberty to employ any per fon as a Deputies to be
deputy in either of the faid diftridls, until he mail have paffed the examination of aPProved b> the
r"^; » r ^ governor.
the furvevor-general, and be approved by the governor ; nor fhall any furveyor retain
in his fervice more than two deputies, and each furveyor fhall be refponfible for the
conduct of his deputies.
XIII. And be it further enacted, That it fhall be the duty of the furveyors to be Fair plats of
appointed under this act, to afcertain the quantity of land contained in their refpec- fac« a f^l
tive diftricis as nearly as may be, to make a fair plan or plat thereof, marking the in the furveyor
feveral water courfes and remarkable places contained therein, and to return the SL'nerfl s "'
fame to the furvevor-p-eneral's office, which fnall be there entered of record before
any furvey fhall be made for any perfon or perfons whatever. XIV.
552
DIGEST OF THE
A, P. 1794,. XIV. And be it further enacted) That his excellency the governor (hall- previoufty
And "certain t0 ^s i^Tuing any warrant of furvey to the citizens of this State, or any other per-
tracSs laid out fons whatfoever, caufe three thoufand acres of land to be laid off on the fouthfide of
or pa c a es. ^ ^latamaha riverj on tjje blufF lying neareft to the confluence of the Oconee and:
Oakmulgee rivers ; two -thoufand acres on the fouth fide of the Oconee river, on
the mod advantageous bluff near the Reck Landing, together with one thoufand
acres in addition to the foregoing, in each of the diftriclrs contemplated by this act,
in the mod advantageous parts of the faid diftri£ts, for public ufes •, and the plate,
of fuch furveys ihall be i-ecorded in the furveyor-general's office, and from thence-
forward fhall be completely held and veiled in his excellency the governor for the
time being, in truft to and for the ufe of the public.
THOMAS NAPIER, Speaker of the Houfe of Reprefentatives.
BENJAMIN TALIAFERRO,- R reft dent of the Senate,
GEORGE MATHEWS, Governor.
December 28, 1793..
No. 531, An Aft to repeal an aelr entitled "- An acl for inf idling penalties on:
and confif eating the eflates of fuch perfons as are therein declared
guilty of treafon, and for other pur pofes therein mentioned " puffed
the tiventy-fecond day of May, one thoufand J even hundred and
eighty-tiuo\ fo far as refpecls the reprefentatives of Donald M-Leod?
decfafed, George Weekly and Thomas Waters,
Donald M'Le- L [j E it enacted by the fenate and houfe of reprefentatives of the State of Georgia in.
od— his repre- jm? general affembly met , and it is hereby enabled by the authority of the fame, That
Sieved from con- fo much of the faid recited law fo far as it refpe£r.s the reprefentatives of Donald:
fifcauon.andhis ji/i«jLe0(]j D6j and the fame is hereby repealed* and all property whatfoever, which
in them. was vefted in the faid Donald M'Leod, at any time before the paffing of fuch law,
and which yet remains unfold, be as abfolutely vefted in his reprefentatives,. as if no
fuch lav/ had paffed.
George Weekly ^- ^n^ be it further enabled, That fo much of the faid law as refpects the banifli*
& Thomas Wa- ment of George Weekly and Thomas Waters, be, and the fame is hereby repealed^
tvo.nbaaifhnient. but this 3$ (hall not. extend or be confl;rued;to extend to reftore any property of the
faid perfons actually fold by the comiffioners of confifcated property.
THOMAS NAPIER, Speaker of the Houfe of Reprefentatives,.
BENJAMIN TALIAFERRO, Preftdent of the Senate.
GEORGE MATHEWS, Governor,.
December 29, l^Af
LAWS OF GEORGIA. 553
An Acl to authorize the raifing and ejiablijhing a fire company in the A, D. 1794.
city of 'Savannah », and one in the toivn of Augufta.. °' 52Z*
WHEREAS, the citizens of Savannah have provided two fire engines for the Preamble..
ufe of the faid city ; and the inhabitants of the town, of Augufta, intend
alfo to provide another engine in addition to the. one already provided by them for the.
ufe of the faid town y
I. Be it therefore enabled by thefenate and houfe of reprefentatives ofihe State, of Georgia in A fire company ,
general ajfembly me!*, That it (hall and may be lawful for any number of perfons, not. \^ cjtye0f s'a-
exceeding thirty, who fhall be citizens of this State, and inhabitants of the city of vannah.
Savannah, to form and affociate themfelves together as a fire company, under the
ftyle and denomination of the Fire Company of ihe city of Savannah, at any time after,
the paffing of this act, and they are further authorized to elect from among themfelves Their officers—* -
in like manner as provided in the militia law, officers to command them, not exceed- comXMonexT'
ing four, who fhall be commiflioned by his excellency the governor.
II.. And be it further enabled, that it fhall and may be lawful for any number of The Augufta t
perfons, not exceeding thirty, who fhall be citizens of this State, , and inhabitants of •. ' ' ip
the town of Augufta, to affociate and form themfelves into a fire company in like
manner as above, under the ftyle of the Augujla Fire Company, who fhall elect from To be officered ^
among themfelves any number of officers, not exceeding four, to command faid eci in like man- -
company, which officers fhall be commiflioned by his excellency the governor. ncr-
III. And be it further enabled, That the officers and men of the faid fire company. Exempt from mi-
fhall be exemptfrom militia duty, except in times of actual invafion>, infurrection or in times <>V a'auai
invaiiun or alarm.
slarrri.
IV. And be it further enabled. That the recorder or city treafurer, marfhal of the Other exempti-
faid city, the meffenger arid clerk of the council, and the city conftable, be, and they ^savannah" 7;
are hereby exempted, from militia duty, except in cafes of invafion, infurrection or.
alarm.
THOMAS NAPIER, Speaker of the Houfe of Reprefentatives.
BENJAMIN TALIAFERRO, Preftdent of, the. Senate. .
GEORGE MATHEWS, Governor.
December 29, 1 794.
An Abl to raife a tax for the fupport of government for the year 1795^ ^.,523.
December 29, 1794..-
An Acl for regulating the rates of coin v, np. 524.
Ii 3E it enabled by the fenate and houfe of reprefntatives of the State of Georgia :in Coin — the rates
[3 general ajfembly met, and by the authority of the fame, That, after the fir ft day ° '
of July next, a Spanifh milled dollar fhall pafs and be received in payment of all
debts which may be contracted by, or with any perfon or perfons within this-State3,
4. A. aniv
554 DIGEST OF THE
A. D. 1 794. and in payment of all taxes that may be laid or aliened after the prefent feflion, at
No. 524. the rate 0£ eight millings* and four pence j and all other coins in the fame rate and
proportion :
Provifo. Provided neverthelefs \ That this act fliall not be foconftrued as to affect any contract
NOt 'o tra&f or rnoneJr tranfaction made or entered into prior to the firft day of July, one thoufand
feven hundred and ninety-five.
Nor alter the And provided alfo. That nothing herein contained fliall be fo conftrued as to reduce
officers. PU C or a^ter tne ^ees or fa^ai*ies of the feveral officers within this State.
THOMAS NAPIER, Speaker of the Houfe of Reprefentatives.
BENJAMIN TALIAFERRO, Prefdent of the Senate.
GEORGE MATHEWS, Governor.
December 29, 1794-
* See z&. of 1706, No. 560, directing public accounts and verdicts of juries to be expreffedin dolls, cents, &c*
A. D. 1795-.
No. 525. An Aci to fecure to Reubin Coleman a trad of confifcated land lying on
Little river.
Preamble- ^ \ T"HEREAS, the faid Reubin Coleman did, as early as the year one thoufand
^ \ feven hundred and and eighty-five, purchafe of the commiflioners appointed
to difpofe of the confifcated property within this State, a certain tract of land lying
on Little river, in the then county of Richmond, fold as the property of James
Grierfon, containing the quantity of feven hundred and fifty acres, and hath fince
taken up his bond and mortgage, and duly paid for the faid land; and the fame having
been fo expreffed by a joint refolution of the legiflature at their laft feflion :
A trad of con- I. Be it therefore enabled by the fenate and houfe of reprefentatives of the State of Georgia
Little river— m general affembly met, That the faid tract of feven hundred and fifty acres of land,
vetted in Reubin lying on Little river as aforefaid, butting and bounding in the following manner, viz.
fouth eaftwardly by Jofhua Sander's land, fouthwardiy by William Lee's and Sherral's
land, eaftwardly by land formerly the property of the faid James Grierfon, lately
fold to Jofeph Wray, and northwardly by Little river, be, and the fame is hereby
veiled in the faid Reubin Coleman, his heirs and afligns for ever, in fee Ample.
And it is hereby declared to be the duty of the commiflioners appointed for the dif-
pofal of reverted property, to make and execute proper titles, and convey the faid
land and premifes unto the faid Reubin Coleman, his heirs and afligns as aforefaid.
THOMAS NAPIER, Speaker of the Houfe of Reprefentatives.
BENJAMIN TALIAFERRO, Pref dent of the Senate.
GEORGE MATHEWS, Governor,
jfanury 2, 1 795.
4z
LAWS OF GEORGIA. 5S5
An Aclfor eflablifhing a place for building a court houfe and gaol, and A. D. 1795.
holding eletlions in the county of Bryan ; and for other purpofes, °* 5i '
WHEREAS, in confequence of the enlargement of the faid county, it becomes preamble.
necefTary for the accommodation of the inhabitants thereof, that a place differ-
ent from the one fixed upon by the prefent commiffioners for building a court houfe
and gaol, and for holding elections in the faid county :
I. Be it therefore enaftedy That John Michael and Stephen Denmark, be, and they Commiffioners
are hereby appointed commiffioners in addition to thofe already appointed under an *f tehe t°0ur°'e
a£t, entitled " An aft for laying out the feveral counties herein after named, for the houfe and gaol
purpofe of fixing on a place for building a court houfe and gaol, and for holding ?
elections in the county of Bryan,'* pafTed at Augufta the nineteenth day of December,
one thoufand feven hundred and ninety-three, and that the commiffioners or any four
of them, do, on or before the firft Monday in February next, meet and determine on
a proper and raoft convenient place* for the purpofes aforefaid.
II. And be it further enafted, That any determination of the commiffioners hereto- Any former ap-
fore appointed as aforefaid, refpedting the place for building the court houfe and gaol, ^"e^o'eredfc
and holding elections in the faid county, is hereby declared of no longer force or effec~t, them, to be of
or in any manner to operate hereafter, °Ke '
III. And be it enaSfed by the authority aforefaid, That fo much of the act paffed the New commiffi-
lafl feffion of the general affembly, fo far as refpe£r,s the appointing of commiffioners m' warren!
for fixing on a fpot for a court houfe and gaol in the county of Warren, he, and the
fame is hereby repealed : And that William Byrom, William Berry, John Lawfon,,
Richard Gray and Thomas Niel, of Rocky comfort, are hereby nominated and ap-
pointed commiifionersf in their room for the purpofes aforefaid, and to exercife all
and every power which the law had vefled in thofe heretofore named : And that the
determination of the faid commiffioners or a majority, fhall be binding in all cafes re-«
fpecting the powers granted to them for fixing on a fpot for erecting a court houfe
and gaol within the faid county of Warren.
THOMAS NAPIER, Speaker of 'the Houfe of Reprefentatives,
BENJAMIN TALIAFERRO, Preftdent of the Senate.
GEORGE MATHEWS, Governor,
January 2, 1795,
• The inferior court empowered to eftablifh the permanent feat of public buildings by a<ft of 1797, No, 578.
+ Other commiffioners appointed by act of 1 796, No. 554.
An Ac! to i) eft powers in. the commiffioners of the county of Effingham, No. $*j*
to fix on the place for building a court, houfe and gaol in faid
county.*
WHEREAS, by the late divifion of the county aforefaid, the courts are now Preamble,1
held at an extreme corner of the faid county i I.
• By act of 1797, No. $%jr other commiffioner* are appointed to fix on the permanent feat,
55-6 DIGEST OF THE
A. D. 1795. I- Be it therefore enabled by the fenate and houfe of reprefentatives in general ajjembk
The commiffi- met> That the commifiioners heretofore appointed for the purpofe of fixing on the
co-trhoufc and mo^ ProPer P^ace f°r building the court houfe and gaol for the faid county, are
gaol in Effing- hereby authorized and empowered to change and fix on the moft convenient place
the^Iace for e- *°r building a court houfe and gaol in faid county.
reding them. THOMAS NAPIER, Speaker of the Houfe of Reprefentatives.
BENJAMIN TALIAFERRO, Prefident of the Senate.
GEORGE MATHEWS, Governor.
January 7, 1795.
No. 528. An AB for granting a certain fum of money to John Jones, and for other purpofes.
January 7, 1795.
Private.
No. 529. j$n Ail fupplementary to an aclfor regulating the town of Augufta ;
and to amend an acl, entitled " An aclfor regulating the toivn of
Savannah and hamlets thereof."*
Preamble. ~\~% T'HEREAS, the limits of the jurifdiction of the corporation of Savannah,
yj/y over part of the hamlets of the faid city, has never been fully and clearly
Corporation of defined : Be it enacted by the fenate and houfe of reprefentatives of the State of Georgia
limkTfurther in general affembly met, That all the lots in that part of the fuburbs of the faid city
defined. called Carpenter's Row, and all thofe in the truftees gardens, including the maga-
zine at Fort Wayne, mall be fubject thereto, and (hall be confidered as a part of
the ward to which it is moft contiguous.
II. And ivhereas, feveral new wards have lately been laid out adjoining the faid
city, but no act has hitherto pafled authorizing an additional number of aldermen
Addiwonai number in faid city, in confequence thereof: Be it therefore enacled, That on the firft Monday
in March next, and annually thereafter, the electors of aldermen for the faid city,
fhall elect from the citizens thereof generally, one other alderman for each of the
faid new wards, in addition to the number heretofore elected, who (hall have fuch
qualifications, and be veiled with the like power and authority as the prefent alder-
men of the faid city.
Qualiacation of III. And be it further enabled. That the voters at elections for aldermen, (hall
voters. hereafter be owners or occupiers of a lot or houfe in the faid city or hamlets, and
be otherwife qualified as voters at elections for members of the general affembly.
IV. And ivhereas, experience hath proven that fo much of the act for regulating
the town of Augufta, and to amend an act, entitled " An act for regulating the town
»o much oFtiie aa of Savannah and hamlets thereof," pafled at Augufta, on the twenty-third day of
the incorporation December, one thoufand feven hundred and eighty-nine, as refpects the faid town
o£ AugulU, re- ■? ' * r r
pealed. « 01
* Seead of 17975 No. 599.
LAWS OF GEORGIA. 5j7
of Augufta, is deemed incompatible with the intereft and wifhes of the inhabitants A. D. 1794.
thereof: Be it therefore enabled, That fo much of the before recited act as reSpects the No* 5-Wi
faid town of Augufta, be, and the fame is hereby repealed ; and it (hall be the duty
of the mayor and aldermen now in office, under the faid act, and they are hereby
required to adjuft, and within fix months from and after the palling of this act,
finally to fettle and clofe the books and accounts of the corporation, ana to depofit The books and
the fame, together with the funds thereof, with the commifiioners of the court houfe t"nbg depofited
and gaol, to be appointed for the county of Richmond, who (hall hold fuch property, with *ne c°m~
,,-. ii« -111/--1 •• n r mifiionersof the
real and perlonai, as may have been acquired by the laid corporation, in trult, for court houfe and
and to the ufe of the faid town of Augufta, and the inhabitants thereof: Provided* Saol«
That nothing herein contained, fhall prevent the collection of the corporation tax
already levied, which fums fhall be depofited with commifiioners aforefaid.
V. And be it further enacted, That Ambrofe Gordon, Andrew Innes and James Commiffioners
Toole, be, and they are hereby conftituted and appointed commifiioners of the po^d.3" ^"
court houfe and gaol for the county of Richmond, and invefted with all the funds
heretofore appropriated to the ufe of the faid court houfe and gaol, which now re-
main unapplied ; and the faid commiffioners are fully authorized and empowered to
apply fo much of the aforefaid funds, either real or perfonal, as they may deem ne-
cefiary towards the building and keeping in repair the faid court houfe and gaol.
THOMAS NAPIER, Speaker of the Houfe of Reprefentetives*
BENJAMIN TALIAFERRO, Preftdent of the Senate.
GEORGE MATHEWS, Governor.
Janua>y 7, 1 795.
*An A61 fupplementary to an acl, entitled " An all for appropriating ng. $30.
a pari of the unlocated territory of this State for the payment of
the late State troops, and for other purpofes therein mentioned '," de-
claring the right of this State to the unappropriated territory thereof
for the protetlion and fupport of the frontiers of this State, and
for other purpofes.
WHEREAS, in and by the articles of confederation, entered into and finally Preamble,
ratified on the firft day of March, one thoufand feven hundred and eighty-
one, by the then thirteen United States of America, the territory within the limits
of each of the faid States is to each of them respectively confirmed and guaranteed,
firft by the fecond article, to wit : " Each State retains its Sovereignty, freedom and
independence, and every power, jurisdiction and right, which is not by the confe-
deration exprefsly delegated to the United States in congrefs afiembled j" and Secondly,
by the laft claufe in the fecond Section of the ninth article: "No State {hall be
deprived of territory, for the benefit of the United States.
And
* This a6t has been declared null and void, and the original record thereof dire&ed to be burnt by an act
of the legifiature, paffed on the. 13th of February, 1796. See No, 543.-— On this proceeding, we forbear
making any comment.
«
H
ft
it
It
.«
S58 DIGEST OF THE
A. D. 1795* dnd whereas t in and by the definitive treaty of peace, figned at Paris, on the third*
No. 530. day of September, one thoufand feven hundred' and eighty-three, the boundaries*
of the United States are eftablifhed, and thofe boundaries which limit the weftwardly
and fouth weftwardly parts of this State are therein thus defined' : " Along the
middle of the river MiiTiffrppi, until it fhall" interfec"): the northernmoft part of the-
thirty-firft degree of north latitude, fouth by a line drawn due eaft from the ter*
ruination of the line laft mentioned, in the latitude of thirty-one degrees north of
the Equator, to the middle of the river Apalachacofo or Catahouchee; thence
along the middle thereof to its junction with the Flint river; thence ftraight to
the head of Saint Mary's river ; and thence down along the middle of Saint Ma-
" ry's river to the Atlantic Ocean." Which boundaries coincide with the fouth-
wardly and weftwardly boundaries, recited in the land ac"fc now in force, pafled at
Savannah on the feventeenth day of September, one thoufand feven hundred and
eighty- three ; and by the convention held at Beaufort, on the twenty-eighth day of
April, one thoufand feven hundred and eighty-feven, between this State and the
State of South-Carolina ; the northern boundary of the State is eftablifhed, " From
" the mouth of the river Savannah, up the faid river to the confluence of Tugola
" and Keowee ; thence up the Tugola, and from the fource thereof a due weft
" line to the Mifliflippi, including ifiands." And whereas^ in and by the firft claufe
of the fixth article of the federal conftitution of the United States of America, all
engagements, entered into before the adoption of the faid conftitution, fhall be as
valid againft the United States, under the faid conftitution as under the confedera-
tion, by the third claufe of the ninth fection of the firft article of the faid conftitu-
tion, " No expojifaflo law fhall be pafied," and by the fecond claufe of the third
fe£tion of the fourth article, " the congrefs fhall have power to difpofe of and
make all neeefiary rules and regulations refpecling the territory or other property
belonging to the United States, and nothing in this conftitution fhall be fo conftrued
as to prejudice any claims of the United States, or of any particular State ;"
And whereaSy the ceffion made by the State of North Carolina to the United States,,
by them accepted on the feeond day of Aprils one thoufand feven hundred and ninety,
is a full acknowledgment and recognizal on their part that the feveral States not only
have the right of pre-emption, but are in the full exercife of all territorial right
within their refpedtive limits* And whereas , notwithftanding the United States did,
on the twenty-fecond day of July, one thoufand feven hundred and ninety, by an aft
to regulate trade and intercourfe with the Indian tribes, enacl and declare, " That
no fale of lands made by Indians, or any tribe or nation of Indians within the United
States, fhall be valid to .any perfon or perfons* or to any State, whether having
the right of pre-emption to fuch lands or not, unlefs the fame fhall be made and
duly executed at fome public treaty, held under the authority of the United States,"
and did on the feventh day of Auguft, one thoufand feven hundred and ninety, by a
treaty held at New-York, with certain Creek Indians, ftipulate by the fourth article
of the faid treaty, that the boundary between the citizens of the United States and
the Creek nation, is and fhall be " From where the old line ftrikes the Savannah,
thence
v
LAWS OF GEORGIA. 5S9
thence up the faid river to a place on the mod northern branch of the fame, com- A. D. 1795.
monly called the Keowee, where a north eaft line, to be drawn from the top of the No; 53°>
Ocunna mountain, (hall interfect ; thence along the faid line in a fouth weft direction
to the Tu<gola river ; thence to the top of the Currahee mountain ; thence to the
head or fource of the main fouth branch of Oconee river, called the Appalachee
river ; thence down the middle of the main fouth branch and river Oconee to its con-
fluence with the Oakmulgee, which form the river Alatamaha ; and thence down
the middle of the faid Alatamaha to the old line on the faid river ; and thence
along the faid line to the river St. Mary's ;" and by the fifth article, " That the
United States, folemnly guarantee to the Creek nation, all their lands within the
limits of the United States to the weflward and fouthward of the boundary defcribed
in the preceding article :"
And finally whereas, the State of Georgia aforefaid, hath by no act:, or in any
manner whatever, transferred, alienated or conveyed her right of foil or pre-emption
in any part of the vacant territory within the limits of the faid State, to the United
States, the ceffion dated the firfi day of February, one thoufand feven hundred and
eighty-eight, offered by the State of Georgia to the United States, having been by
the faid United States in congrefs aiTembled, on the fifteenth day of July, one
thoufand feven hundred and eighty-eight, rejected, in which rejection territorial
rights are declared to reft on the fpirit and meaning of the confederation : And
•whereas, the faid propofed ceffion became void, and on the part of this State, is
hereby declared to be null and void to all intents, purpofes and conftructions.
I. Be it therefore enaEled by the fenate and reprefentatives of the freemen of the State of Declaration of
Georgia in general ajfembly met, and it is hereby enacted by the authority of the fame, ^e. ter"t©rial
That the State of Georgia aforefaid, is in full poffeflion and in the full exercife of the State.
jurifdidtion and territorial right and the fee fimple thereof; and that the right of
pre-emption, to vacant and unappropriated lands lying weftwardly and fouth weft- \/
wardly of the prefent Indian temporary line, and within the limits of the faid State,
and the fee fimple thereof, together with the right of difpofing thereof, is, and are
hereby declared to be in the State of Georgia only.
II. And for the purpofe of railing a fund for carrying this act fully into effect,
Be it enaBed, That all that tract or parcel of land including iflands, fituate, lying Boundary of ter*
and being within the following boundaries, that is to fay : Beginning on the Mobile ritory-— fol<i-
bay, where the latitude thirty-one degrees north of the Equator interfedts the fame,
running thence up the faid bay to the mouth of lake Tenfaw ; thence up the faid
lake Tenfaw to the Alabama river, including Currey's and all other iflands therein ;
thence up the faid river Alabama to the junction of the Coofa and Oakfuikee rivers ;
thence up the Coofa river, above the Big Shoals, to where it interfects the latitude
of thirty-four degrees north of the Equator ; thence a due weft courfe to the Miffif-
fippi river ; thence down the middle of the faid river to the latitude of thirty-two
degrees, forty minutes ; thence a due eaft courfe to the Don or Tombigby river ;
thence down the middle of the faid river to its junction with the Alabama river;
thence down the middle of the faid river to the Mobile bay ; thence down the faid
Mobile
5 Co
DIGEST OF THE
A. D. 1 79 5.
No. 530.
To the Georgia
Company — the
terms and con-
ditions thereof,
and amount of
consideration
money.
On the perform-
ance of certain
conditions— the
governor tofign
and iifue a grant
for the. fame.
Land refdrved
therein for the
citizens— how
apportioned and
jxbfcribed for.
Mobile bay to the place of beginning, (hall be fold unto James Gunn, Matthew1
M'AHifter, and George Walker, and their affociates, called the Georgia Company,
and their heirs and affigns forever, in fee fimple, as tenants in common, and not as
joint tenants, for the fum of two hundred and fifty thoufand dollars, to be paid in
fpecie, bank bills of United States, and warrants for the years one thoufand feven
hundred and ninety-one, one thoufand (even hundred and ninety-two, one thoufand
feven hundred and ninety-three, one thoufand feven hundred and ninety-four, and
one thoufand feven hundred and ninety-five, drawn by the governor, the prefident
of the fenate, and fpeaker of the houfe of reprefentatives, in the following manner,
that is to fay : Fifty thoufand dollars to be depofited in the treafury previous to the
palling of this act, and the remaining two hundred thoufand dollars to be paid on,
or before the firft day of November next.
TIL And be it further enabled, That whenever the faid James Gunn, Matthew
M*AUifter, and George Walker, and their affociates, or their agent or agents, fhail
produce to his excellency the governor, a receipt figned by the treafurer, that they
have depofited the aforefaid fum of fifty thoufand dollars, according to the tenor/
and effect of this act, it fball then be the duty of his excellency the governor, and
he is hereby required to iffue and fign to the faid James Gunn, Matthew M'Allifter,,.
and George Walker, and their affociates, their heirs and afligns, in fee fimple, as
tenants in common, and not as joint tenants, a grant for the aforefaid tract of coun-
try, they fecuring the laft payment of two hundred thouland dollars to the State, -
by a mortgage to his excellency the governor and his fucceffors in office, on the
whole of the land fo granted, which mortgage (hall be immediately foreclofed, in
cafe default fhall be made in the payment of the faid fum of two hundred thoufand
dollars, on or before the firft day of November next, as aforefaid, in the iuperior court
of any county within the State of Georgia, at the difcretion of his excellency the
governor, any law or ufage, regulating the mode of foreclofing mortgages, to the
contrary notwithftanding, and the whole fum of fifty thoufand dollars depofited,
fhall become forfeited to and for the ufe of the State ;, and the grant to be given to
the faid James Gunn,, Matthew M'Allifter, and George Walker, and their affociates,,
to be, and the fame in that cafe is hereby declared to be null and void.
IV. And be it further enabled, That the faid Georgia company fhall referve for and
to the ufe of the citizens of Georgia, excluiively, the quantity of one million of acres
of their purchafe, . in the following manner, to wit : At the expiration of three months
from and after the paffing of this act, a fubfeription book' fhall be opened at the trea-
fury office of this State, and be kept open for the term of four months thereafter,,
for the purpofe of receiving fabfcriptions of the citizens for the faid referve lands :
Provided, That no perfon who fhall otherwife become a member or interefted in either
of the companies herein contemplated, fhall be allowed to fubfcribe for any-part of
the faid referve land, and no perfon fhall be permitted to fubfcribe for more than five
thoufand acres in his own name or in the name of. any other citizen, unlefs duly au-
thorized and appointed by him for that purpofe under a warrant of attorney executed
In the prefence of two or more witneffesj ... one of whom at leaft fhall be a juftice ap-
pointed
LAWS OF GEORGIA. s6t
pointed for holding the inferior court of the county where the fubfcriber refides, A. D. 1 795.
which faid power of attorney fhall be lodged with the treafurer, as his voucher for No- 52°-
entering fuch fubfcription j And provided alfo, That the citizens of the refpedtive coun-: Provifo.
ties fhall not, at any time within three months from and after the opening of the book
of fubfcriptions as aforefaid, be allowed to fubfcribe for more or a greater quantity
of the faid referved lands, than the proportion herein after particularly defcribed and
limited, to wit : Chatham, one hundred and feventy thoufand acres ; Effingham,
fixty-two thoufand acres ; Burke, one hundred and fifty-five thoufand acres ; Rich-
mond, one hundred and fifty-five thoufand acres j Columbia, one hundred and fifty-
five thoufand acres ; Wilkes, two hundred and feventy two thoufand acres ; Wafh-
ington, one hundred and thirty-one thoufand acres 5 Elbert, one hundred and thirty-
one thoufand acres ; Greene, one hundred and twenty-five thoufand acres ; Franklin,
feventy-eight thoufand acres ; Liberty, fixty-nine thoufand acres ; Glynn, thirty-two
thoufand acres ; Camden, thirty-two thoufand acres ; M'Intofh, thirty-five thoufand
acres ; Bryan, thirty-two thoufand acres \ Warren, ninety-three thoufand acres ;
Oglethorpe, one hundred and fixteen thoufand acres ; Montgomery, twenty-three
thoufand acres ; Scriven, thirty-eight thoufand acres ; and Hancock, ninety-fix thou-
fand acres. And it fhall be the duty of the treafurer, in all cafes of applications to
fubfcribe, to require an affidavit in writing, in the following words : " I do folemnly
fwear or affirm, that I am in no way interefled directly or indirectly, either as a
member or otherwife, in any company's purchafe of lands in the weflern part of this
State, and that the fubfcription which I propofe to enter, is in my own proper right,
and to my ufe and benefit only." And it fhall be the duty of the juflice or juflices of
the inferior courts before whom warrants of attorney authorizing fubfcriptions fhall be
executed, to require a like affidavit on the back of fuch warrrant of attorney, before
attefling the fame ; and the land fo fubferibed and paid for fhall be held by fuch fub-
fcribers in fee fimple, as tenants in common, and not as joint tenants, on the fame
terms, and upon the fame principles, with the original purchafers of the company in
which they fhall fubfcribe, and fhall be entitled to fair and equal reprefentation in fuch
company, in proportion to the quantity of land fo by them fubferibed and paid for.
V. And be it further enaBed, That upon entering any fubfcription as aforefaid, it Trcafurer's dii-
fhall be the duty of the treafurer, and he is hereby required to receive of the fubferi- fubfaiption""5
bers the purchafe money, being the proportion of one fifth part of fuch fubfcription,
in terms of this act, the remaining four fifths or balance of the purchafe money fhall
within four months from and after the opening the faid book of fubfcriptions, be
paid unto the treafurer in like manner as aforefaid, and in cafe fuch balance fhall not
be paid on or before the expiration of the faid feven months from the paffing of this
act, that then and in that cafe, the fubfcriber or fubferibers fo failing, fhall be at
liberty to withdraw their faid fubfcriptions, together with the money fo paid by them,
and the lands fo fubferibed for by them fhall revert to and be veiled in the company
in which fuch fubfcription fhall have been made or entered.
VI. And be it further enacledy That all that tract of country, including iflands, Boundaryofter-
fituate, lying and being, within the following boundaries, that is to fay : Beginning"- ntory— fold>
4 B on
s<fo. DIGEST OF THE
A. D. 1795; on tHe river Miffiflippi, at the place where the latitude of thirty-one degrees and-.
No. 530. eighteen minutes north of the Equator, interfects the fame ; thence a due eaft courfe
to the middle of Don or Tombigby river ; thence up the middle of the faid river to
where it interfects the latitude of thirty-two degrees and forty minutes north of the
Equator; thence a due weft courfe along the Georgia company line, to the river
Miffiffippi ; thence down the middle of the fame to the place of beginnings (hall be
fold to Nicholas Long, Thomas Glafcock, Ambrofe Gordon and Thomas Cumming,
TPo-tfe Georgia and their afTociates, called the Georgia MiJJiJpppi Company y to them and their heirs
fa! —(he terms ?dl^ afligns f°r ever m ^ee fimple, as tenants in common, and not as joint tenants,
and conditions fGr the fum of one hundred and fifty-five thoufand dollars, to be paid in gold or
mount of confi" fdver coin, bank bills of the United States, and fuch warrants as are made payable
deration money jH the Georgia company's purchafe, in the following manner, that is to fay : Thirty-
one thoufand dollars to be depofited previous to the pafling of this act, and the re-
maining one hundred and- twenty-four thoufand dollars to be paid on or before the
firft day of November next.
Oh theperform- VII. And be it further enaEledt That whenever the faid Nicholas Long, Thomas
conditions— the Glafcock, Ambrofe Gordon and Thomas Cumming, and their afTociates, or their
governor to fign agent or agents, fhall produce to his excellency the governor, a receipt figned by the
few the fijne!'1" treafurer, that they have depofited the aforefaid fum of thirty-one thoufand dollars
according to the tenor and effect of this act, it fhall then be the duty of his excellency
the governor, and he is hereby required to iflue and fign to the faid Nicholas Long,
Thomas Glafcock, Ambrofe Gordon and Thomas Cumming, and their afTociates,
their heirs and afligns, in fee fimple, as tenants in common, and not as joint tenants,
a -grant for the aforefaid tract of country, they fecuring the lafl payment of one hun-
dred and twenty -four- thoufand dollars to the State, by a mortgage to his excellency
the governor and his fucceffors in office, on the whole of the land fo granted, which
mortgage fhalLbe immediately foreclosed, in cafe default fhair be made in the payment-
of the faid fum of one hundred and twenty-four thoufand dollars, on or before the firfl
day of November next, as aforefaid, in the fuperior court of any county within the State-
of Georgia, at the difcretion of his excellency the governor, any law or ufage, regula-
ting the mode of foreclofing mortgages to the contrary notwithftanding, and the
whole fum of thirty-one thoufand dollars depofited, fhall become forfeited to and for
the ufe of the State ; and the grant to be given to the faid Nicholas Long, Thomas
Glafcock, Ambrofe Gordon and Thomas Cumming, and their afiboaates, asaforefaid^
to be, and the fame in that cafe is hereby declared to be null and void.'
Land referved VIII. And be it further enaEted, That the faid Georgia Mifliffippi- company, fhall1
u^roT'theVitl- re^erve ior l^e ufe °^ tne citizens of Georgia, exclufively, the quantity of- fix frun-
sens. dred and twenty thoufand acres of their purchafe, to be fubfcribed forj held and
appropriated on the fame terms, and to be represented in like manner' a&the land-
referved by the Georgia company as aforefaid.
Boundary of ter- IX. And be it further enafted, That- all that tract of country* including iflandsj
mory— fold. fituate, lying and being within the following boundaries, that is to fay : Beginning-
at the Miffiffippi xivera where, the northern boundary- line of this State ftrikes the-
ferne^
LAWS OF GEORGIA, s63
fame •, thence along the faid northern boundary line, due eaft to the TenefTee river ; A. D. 1795.
thence along the faid TenefTee river, to the mouth of Bear creek ; thence up Bear No- -53°.
creek, to where the parallel of latitude twenty-five Britifh ftatute miles, fouth of the
northern boundary line of this State interfects the fame j thence along the faid laft
mentioned parallel of latitude, acrofs Tombigby or Twenty Mile creek, due weft to
the Miffiffippi river ; thence up the middle of the faid river to the beginning ; (hall
be fold to John B. Scott, John C. Nightingale, and Wade Hampton, called the
Upper Miffiffippi Company^ and to their heirs and affigns forever, in fee fimple, as To the Upper
tenants in common, and flot as joint tenants, for the fum of thirty-five thoufand f^-^txms"1 "
dollars, to be paid in fpecie, bank bills of the United States, and fuch warrants as and conditions
are made payable in the Georgia company's purchafe, in manner following, that is n:oun°t crfconfil
to fay : Five thoufand dollars, part thereof to be depofited previous to the paffing deration money
of this aft, and the remaining fum of thirty thoufand dollars, to be paid on or
before the firft day of November next.
X. And be it further enafted, That whenever the faid John B. Scott, John C. On the perform-
Nightingale, and Wade Hampton, or their agent or agents, fhall produce to his ^aidon"— the
excellency the governor, a receipt figned by the treafurer, that they have depofited governor to fign
the aforefaid fum of five thoufand dollars, according to the tenor and effeft of this *£r fah^jg™
aft, it fhall then be the duty of his excellency the governor, and he is hereby
required to iffue and fign to the faid John B. Scott, John C. Nightingale, and Wade
Hampton, their heirs and affigns, in fee fimple, as tenants in common, and not as
joint tenants, a grant for the aforefaid land, theyfecuring the laft payment of thirty
thoufand dollars to the State, by a mortgage to his excellency the governor and his
fucceflbrs in office, on the whole of the land fo granted, which mortgage fhall be
immediately foreclofed, in cafe default (hall be made in the payment of the faid fum
of thirty thoufand dollars, on or before the firft day of November next, as afore-
faid, in the fuperior court of any county within the State of Georgia, at the dis-
cretion of his excellency the governor ; any law or ufage, regulating the mode of
foreclofing mortgages, to the contrary notwithftanding, and the whole fum of five
thoufand dollars, depofited, (hall become forfeited to and for the ufe of the State ;
and the grant to be given to the faid John B. Scott, John C. Nightingale, and Wade
Hampton, as aforefaid, to be and the fame in that cafe is hereby declared to be null
and void.
XI. And be it further enaBed, That the faid Upper Miffiffippi company fhall Land referved
recover to and for the ufe of the citizens of Georgia, exclufively, the quantity of one ^"""'j^ ^5
hundred and thirty-eight thoufand acres of their purchafe, to be fubfcribed for, zens.
held and appropriated, on the fame terms, and to be reprefented in like manner, as
herein before pointed out in refpeft to the lands referved for the citizens in the
Georgia company. f
XII. And be it further enacled> That all that traft of land, including iflands, Boundaryofter-
fituate, lying and being within the following boundary lines : Beginning at the mouth nt0!7— lold-
of Bear creek, on the fouth fide of the TenefTee river j thence up the faid creek
to the molt fouthern fource thereof ; thence due fouth to the latitude thirty-four
degrees
-id
564 DIGEST OF THE
A. D. 1795. degrees tcn minutes north of the Equator ; thence a due eaft courfe one hundred
No. 530. anci twenty miles ; thence a due north courfe to the Great Teneffee river ; thence
up the middle of the faid river to the northern boundary line of this State ; thence
a due weft courfe along the faid line to where it interfedts the Great Teneffee river,
below the Mufcle Shoals ; thence up the faid river to the place of beginning, fhall
be fold unto Zachariah Cox and Matthias Maher, and their affociates, called the
To the Yemjjee Teneffee Company, and to their heirs and affigns forever, in fee fimple, as tenants in
termTand con- comraonj antl not as joint tenants, for the fum of fixiy thoufand dollars, to be paid
anions thereof, in fpecie, bank bills of the United States, and fuch warrants as are made payable in
confideration tne Georgia company's purchafe, that is to fay : Twelve thoufand dollars to be
money. depofited as part thereof, previous to the paffing of this act,, and the remaining
forty-eight thoufand dollars to be paid on or before the firft day of November next.
On the perform- XIII. And be it further enafied, That whenever the faid Zachariah Cox. and Mat-
ance of certain thias Maher, and their affociates, or their agent or agents, fhall produce to his excel-
condnions — the ' ' ° 111
governor to fign lency the governor, a receipt figned by the treafurer, that they have depofited the
fortbefanfe"111 fai(l fum of twelve thoufand dollars, according to the tenor and effect Of this act*
it (hall then be the duty of his excellency the governor, and' he is hereby required to
iffue and fign to the faid Zachariah Cox and Matthias Maher, and their affociates,
their heirs and affigns in fee fimple, as tenants in common, and not as joint tenants,
a grant for the aforefaid tract of country, they fecuring the laft payment of the forty-
eight thoufand dollars to the State, by a mortgage to his excellency the governor,,
and his fucceflbrs in office, on the whole of the land fo granted; which mortgage
fhall be immediately foreclofed, in cafe default fhall be made in the payment of the
faid fum of forty-eight thoufand dollars, on or before the firft day of November
next as aforefaid, in the fuperior court of any county within the State of Georgia,
at the difcretion of his excellency the governor ; any law or ufage,. regulating the
mode of foreclofing mortgages to the contrary notwithftanding, and the whole fun*
of twelve thoufand dollars depofited, fhall become forfeited to and for the ufe of
the State •, and the grant to be given to the faid Zachariah Cox and Matthias Maher,
and their affociates aforefaid, to be, and the fame in that cafe is hereby declared to
be null and void.
Land referved XIV. And be it further enabled^ That the faid Teneffee company fhall receive for
citizens'. ^ ' C anc* t0 l^e u^e °^ ^e ci^26115 °f Georgia,, exclufively, the quantity of two hundred
and forty-two thoufand acres, to be fubfcribed for, held and appropriated on the
fame terms and to be reprefented in like manner as the lands referved by the Georgia
company as aforefaid.
A further quan- XV. And be it further enaSIedy That the faid Teneffee company fhall referve a
my referved for furth.er quantity of fifty thoufand acres, to be gratuitoufly divided fhare and fhare
certain commit- * ' } °, '■
fioners. alike, between the commiflioners appointed by this State for the purpofe of examin-
ing the quantity, quality and circumftanees of the Great Bend of Teneffee river*
which fhall be held by them as tenants in common, and not as joint tenants, and be
reprefented in like manner as the lands referved by the other companies, for the ufe
of the citizens, as a compenfation to the faid commiflioners for their fervices ren-
dered the State in that capacity. XVI.
LAWS OF GEORGIA. s65
XVI. And be it further enaBed, That all fums fo paid by the citizens for lands A. D. 1795.
fubfcribed for by them, agreeably to the terms of this act, fhaJl be received in pay- Payments" 10 be
<• i i r r i r • i • r o • 1 ma',e by the citi'
ment and as part of the purchafe money of the faid companies respectively. zens—how to be
XVII. And be it further enaBedf That the grants to be iflued to the refpecUve Officers fees on
companies in virtue of this act, fhall be free from all further or other expence what- gr^ntf# l e
foever, the fees of office accruing upon one grant to each company excepted, which
fhall be to the furveyor general, three dollars ; to the governor of the State, three The lamis to b»
dollars; and to the fecretary of the State, three dollars; and that the lands to be taction until the
. • r r 1 • r\ n *i 1 r r • m 1 • 1 1 • inhabitants arthe*
granted in pursuance of this act, Shall be tree irom taxation until the inhabitants p^ivmed.
thereof are reprefented in the legislature.
XVIII. And be it further enaBed, That the faid grantees and purchafers of the The grantees to
land aforefaid, fhall forbear all hoftile and wanton attacks on any of the Indian tribes tacks on the inaN
which may be found within the limits of this State, and keep this State free from the'scate '
Tom ex-
pences incurred in
all charges and expences which may attend the prefervmg of peace between the faid piefcrvine peace
11 • ■ -1 • iti- i- 1 • -iii bet,veen them.
Indians and the grantees, and extmguiihing the Indian claims to the territory included
within their refpective purchafes ; Ana provided further, That this State and the The State not
government thereof fhall at no time hereafter be fubiecl to any fuit at law or in arco""J.able ior
o ■> 1 any lols cr re-
equity, or claim or pretention whatever, for or on account of any deductions in covery en ac-
the quantity of the faid territory, or for or on account of the amount of the pur- or other claim"
chafe money to be paid as aforefaid, by any recovery which may or fhall be had.
on any form or other claim or claims whatever..
XIX. And be it further enabled. That the money arifing from the Sale of the The money a-
faid territory, except what fhall be appropriated to the extinguishment of Indian fale— how tc^ie
claims as herein after exprefTed, fhall be veiled in fix per cents, or fuch other ftock appropriated.
in the funds of the United States as may be directed- by this or a future legislature,
and the intereft arifing 'thereon, or fo much thereof as may be necefTary, fhall be
applied to the payment of the civil eftablifhment and contingent expences of the
government of this State.
XX. And be it further enaBed, That immediately after the Indian claims to the The companies,
land lying between the Oconee and Oakmulgee rivers, including that tract of coun- ^ olbtafrfthe ex-
try lying eaft of \ line' to' he drawn from' the placie called Fort Romulus, on the tir^uifhmento*'
Oakmulgee river, to the head of St. Mary's river, or the northern extremity of the n aims"
Akinfonoka fwamp, may be extinguished, the grantees of the feveral companies and
their afTociates are hereby authorized to apply to the government of the Uriited
States for .their concurrence in extinguishing the Indian claims to the different tracts
of country by them feverally hereby purchafed, or as much thereof as to them may
feem practicable, which extinguishment of claims to the lands' fo purchafed, Shall
be at the proper expence of the refpective companies, and within five years thereaf- And when to
ter the faid companies fhall feverally form fettlements on the lands where the claims o^e"1^™61"8
may be fo extinguished, or forfeit the further fum of five thoufand dollars: for each
company io failing.
XXI. And be it further enatleiy That the fum of ten thoufaud dollars, part of An additional
the firft payment to be made by the companies aforefaid, Shall be, and the fame is a""^ for^exn™"
hereby declared to be appropriated and fet apart for the purpofe of extinguishing the guHhing Indian
Indian
$66 DIGEST OF THE
A- D. 1795. InJian claifn ^ addition to the twenty thoufand dollars appropriated by the aft, enti-
No. 530. tied « An aa for appropriating a part of the unlocated territory of this State, For
the payment of the late State troops, and for other purpofes (herein mentioned."
Syinot tote XX"" *nd be '*&$$ ### That the feveral g™ntees and their aiTociates, 'fhall
conveyed to any no" be entitled to difpofe of the faid territory in part or in whole, in any way or
foreign power, manner to any foriegn king, prince, potentate or power whatever, which condition
{hall be fpecially exprefled in the face of the grant.
The lands ad- XXIII. And be it further enaBed, That all the lands lying weft ward and fouthward
£2gth™c«£ of the eafleru boundary of the feveral company purchafcs and not included therein,
^ryfePrveCdhafforr e(limated at one fourth of tne wllole lands ¥ng weftward and fouthward of the
theCuTeof the eaflern boundary of the faid purchafes, and fuppofed to contain feven millions two
hundred and fifty thoufand acres, fhall be, and the fame is hereby declared to be
referved and fet apart to and for the ufe and benefit of this State, to be granted
out or otherwife difpofed of as a future legiflature may direcl:.
THOMAS NAPIER, Speaker of the Houfe of Reprefentatives.
BENJAMIN TALIAFERRO, Prefdent of the Senate.
GEORGE MATHEWS, Governor,
January 7, 1795.
State
No. J3r. An Acl regulating the admijjion of attornies to the practice of the
lauj in this State, nvho may have been practitioners or rejidents in
other States, or inhabitants of this State.
WHEREAS, many inconveniences attending the prefent mode of admitting
attornies at law, who come from other States to the practice of this State,
on account of the previous refidence of two years being required, before fuch attor-
nies can be admitted, although they may have been regularly admitted in thofe
-States, and are men of fair character, which practice may tend to the depreflion of
•Preamble.
merit
Attornies atlaw I. Be it therefore enaBed by the fenate and houfe of reprefentatives of the State of
StaSs— how to Georgia in general affembly met, That immediately from and after the palling of this
be admitted to ad, any attorney or attornies at law, who are citizens of, and have been regularly
admitted to the pradice of the fuperior courts of law and equity in any other State
in the Union, fhall, on complying with all the other regulations required by the laws
of this State for the admifiion of attornies, be admifiible to the practice in all the
courts of law and equity in this State, without being required to have refided two years
within the limits thereof, previous to fuch admifiion : And the feveral judges of the
faid fuperior courts are hereby required to admit them accordingly, any law, ufage,
pra&ice or cuftom. to the contrary thereof notwithstanding.
A6tualrefidence II. Provided always neverthelefs, That no attorney or attornies, {hall be allowed
to practice in the courts of this State as aforefaid, unle-fs he or they do actually relide
Provifo. within the limits of the fame : Provided alfo, That fuch applicants from other States,
{hall,
LAWS OF GEORGIA. 56>
ffiall, previoufly to their admiffion m the State, produce to the judge or judges of the A. D. 1795.
fuperior courts of this State, a certificate of his regular admiffion to the fuperior Ce«a°in 5additi- .
courts in the State from which fuch applicants may come ; together with a certificate onal rc^uifites.
of his fair, moral and profefiional character, duly certified under the feal of the
State, where he fhall have been fo admitted ; and (hall alfo undergo a ftricl exami-
nation as to his profefiional abilities, before a judge or judges of the fuperior courts.
THOMAS NAPIER, Speaker of the Houfe of Reprefentatives,
BENJAMIN TALIAEERRO, Prefident of the Senate,
GEORGE MATHEWS, Governor,.
January 7, 1 795*
■ ■1.- 1 1^ gp— E— — mmjBmflm 1 ' .i— -— ■..
An AB granting certain fums of money to Nathaniel Cocke and Philip* Clayton ^ and for Ncv 53 a/.
other purpcfes*
January 7, 1795?
Private-
An Aft appropriating money for the year i795> and for other purpofes, n0< S3^~
XIII. * 13 E .// enacled, , That any foreigner fir ft. becoming a refident of this State, . Foreigners
B mav bv deed or will hereafter to be made, take and hold land within . b,ecominS r,efi,",
-*— ^ * ' .. r i • r« iir dents, may hold
this State, in the fame manner as if. he. was a citizen or this State j and the fame reaieftate..
! land may he conveyed. by him and trani'mitted to, and be inherited by his heirs or
i relations as if he and they were citizenaof. this State ;, Provided, That no foreigner Provifo.
I fhall in virtue hereof be entitled to any further or other privileges of a citizen : And. therprivike^oTa.
provided. That nothing herein contained fhall extend or be conftrued to extend to, LjmuVannnt be-
authorize the governor to grant Jands to any. other than citizer-Sv of this or-the United E'a
States.
All the rejl obfolete,
THOMAS NAPIER, Speaker of the Houfe of Reprefentatives,
BENJAMIN TALIAFERRO, . Prefident. of the Senate.
GEORGE MATHEWS, Governor. .
January 7, 1795"^
f Repealed by. a& of 1796, No. 56U
— ~ ~"M,^—TTnin"TT^**" 1 1
An. Aft to organize the militia in the •federal new counties in this i**.^*.
State, and for other purpofes.
WHEREAS, great-inconvenience hath arifen, and the fervice fuflained great" Preamble.
injury by the diforganizatiorrof the militia 1 in confequence of the late divi-
fibnof counties* the officers in many- inftahces. living in one county and their com-?-
mands in another, for remedy whereof, Be it enacled by the fenate and houfe, of repre- ah the miHtia
fe/itatwes in general ajfembly met j and by the authority of the fame3 That the commif- 1™ nw «■
f ties, rendered, wisi.
S68 DIGEST OF THE
A. D. 1795. fions of all officers in the faid counties fhall be, and they are hereby declared to be
Th^ovirnorto nu^ an^ vo^> fr°m anc^ immediately after the pafling of this act, and that his excel-
orpnizethemi. lency the governor be authorized, and he is hereby directed, within three months to
greeabljMtolaw" organize the militia within faid new counties into regiments, battalions and compa-
nies, agreeably to an act pafTed at Augufta, to revife and amend the militia law of
this State, and to adapt the fame to the act of the congrefs of the United States,
pafTed the eighth day of May, one thoufand feven hundred and ninety-two, entitled
" An act more effectually to provide for the national defence by eftablifliing an uni-
form militia throughout the United States."
II. And that no injury may be done to officers now holding commiffions in faid
new counties, in cafe they fhould be re-elected to the fame grade in that arrangement,
New commifii- Be it further enabled) That in cafe any officer now holding a commiffion in either of
date tU bCaf t^ie k"* count^es> ffiould be re-elected or appointed to the fame office or grade, that
then and in that cafe, the governor is directed to date his or their commiffion agreea-
bly to the date of the commiffions now held ; any law, ufage or cuftom to the con-
trary notwithftanding.
Additions to III. And be it further enabled ', That for the general convenience of the citizens,
certain brigades antj more equal arrangements of the divifions and brigades, that the counties of
Effingham, M'Intofli and Bryan, be, and they are hereby added to .the firft brigade of
the firft divifion ; and the counties of Montgomery and Scriven to the fecond brigade
of the faid firft divifion ; and the county of Hancock to the fecond brigade of the
fecond divifion.
Additions to o- IV. And be it further enabled, That the county of Warren fhall be, and the
ther brigades. fame is hereby declared to belong to the firft brigade of the third divifion j and the
county of Oglethorpe {hall, from and after the paffing of this act belong to, and
be added to the fecond brigade of the faid third divifion ; any law to the contrary
notwithftanding.
V. And whereas, the militia law of the United States and that of this State appear
to contemplate, where practicable, that the refpective officers ftiould have a full and
complete command : And whereas, feveral of the counties in this State are now com-
manded by a lieutenant colonel commandant, and have not the number of companies
Counties not i»v- or battalions contemplated by faid acts, Be it therefore enabled. That in all cafes where
ing snore than four 1 . 1 c 1 - . ■ . , 1 n n 1
companies, to be there is no more than tour complete companies in any county, they fhall be corn-
commanded by 3 111 • ill- it -i
major. manded by a major and not by a lieutenant colonel commandant.
Colonels com- VI. And be it further enabled, That the governor is directed to commiffion all the
miffions— how co]oneis 0f rne different regiments in the faid new counties as lieutenant colonels
to be made out. »
commandants; and on application to renew any commiffion" from an old county
heretofore granted, he will commiffion them in like manner, taking fpecial care to
preferve the original date in fuch renewed commiffions ; any law to the contrary not>-
withftanding.
Minifters ex- VII. And be it further enabled, That all minifters in orders, be, and they are hereby
empt from mir exempted from all duties required by the feveral militia laws of this State.
ima duty. * 1 '
• ■ - ■ * VIIL
LAWS OF GEORGIA. 560
VIII. And that (o much of the militia laws now in force as militate with or con- A. D. i 797.
tradi£l this law, (hail be, and the fame are hereby repealed. Rq^n/^fe.
THOMAS NAPIER, Speaker of the Houfe of Reprefentaiives.
BENJAMIN TALIAFERRO, Preftdent of the Senate.
GEORGE MATHEWS, Governor.
January 8, 1795.
An AH for the government of fervants, notjlaves? imported or migra- No. 535.
ting into this State.
WHEREAS, the encouragement of migration into this State, of white inha- Preamble.
bitants, is of primary confequence thereto, and many valuable citizens and
ufeful perfons of the poorer clafs of Europeans defirous of migrating hither, have not
wherewithal to defray the charges of pafTage money and other incidental expences
attending the fame, and either indent themfelves as fervants previous to embarking,
or agree with the captains, owners, fupercargoes of veflels or others to indent them-
felves as fervants on their arrival at any of the ports of this State, or the United States,
as a compenfation for fuch paflage money and expences.
And whereas, it has happened on fuch arrival, difputes have arifen between fuch
perfons fo migrating, and thofe who have borne their expences as aforefaid, or thofe
to whom they were previoufly to embarkation indented, and doubts have been enter-
tained of the validity of any contracts made in a foreign country with refpecl: to bind-
ing and holding to fervice any perfon fo migrating, unlefs a new agreement be entered
into after his or her arrival within the State ; for remedy whereof,
I. Be it enabled by the fenate and houfe of reprefentatives of the State of Georgia in Contracts with
general affembly met, and it is hereby enabled by and with the authority of the fame, That ^hlt<j fervants:
from and after the paffing of this act, Jail white fervants brought into this courtry to be carried in-
under any agreement or contract made in foreign countries, and who (hall not pre- t0 c' e
vioufly to embarkation therefrom have been indented, fhall be bound to perform the
fame ; and in cafe of refufal to indent himfelf, herfelf or themfelves, on application
and demand, it fhall be lawful for the perfon or perfons with whom fuch fervants
have fo agreed or contracted, to apply to any three juftices of the county into which
fuch fervants may arrive, one of whom to be a judge of the inferior court thereof,
who are hereby empowered and required to have the parties brought before them, and
decide on the validity and good faith of fuch contract, and if they or a majority of
them fhall judge the fame binding and valid, it fhall be the duty of fuch magiftrates
or a majority of them, to indent fuch fervants, by an order to be entered up of record
in the clerk's office of the inferior court, which order fhall be received and considered
as an indenture, and held to be as binding in law, to all intents and purpofes as if
the fame had been voluntarily entered into by fuch fervants after fuch their arrival :
Provided neverthtlefs, That if fuch fervants be of the age of nineteen years, they fhall
not be indented for a longer term than five years, and if under that age, for a longer
period than their arrival at the age of twenty-four years ; and if at the age of fourteen,
4 C . until
57°
DIGEST OF THE
A. D. 1796.
No. 535'
InJenturesmade
in other coun-
tries, binding in
this.
"White fervants:
how to be treat-
ed.
Contracts with
them for further
' fervice — how to
be mau'xi.
until they arrive at the age of twenty-one years j and the faid magiftrates are alfo
hereby empowered to decide on the age of fuch fervants, and bind them accordingly j
which decifion fhall be entered up of record, with fuch order, in the clerk's office of
the faid inferior court. ,
II. And be it further enabled, That [all indentures made between mafters, fuper-
cargoes or owners of veffels, or other perfons in foreign countries, and perfons
wifhing to migrate to this State or the United States, and thus becoming fervants as
aforefaid, fhall be held and received as valid and binding in law, on their arrival
within any port or place within this State, as if fuch indenture had been voluntarily
entered into by the parties after fuch their arrival.
III. And whereas, it is as neceffary and proper, and humanity requires, that the
fervants fo held to fervice, mould in return therefor, meet with humane and kind
treatment from perfons to whom they may be bound :
Be it therefore further enabled, That /all mafters and owners of fervants coming
within the intention of this act, fhall find and provide for their fervants wholefome
and competent diet, clothing and lodging in health, and proper and neceffary medi-
cine and attendance in ficknefs, and fhall not at any time give immoderate correction,
or at any time whip fuch perfons naked without an order from two or more magiftrates
for that purpofe, after a hearing from both parties, and fhall not talk them with im-
moderate labor ; and fuch fervants fhall have their complaints received by any juftice
of the peace, who, if he finds caufe, may bind the matter or owner over until the
complaint can be heard before the inferior court of the county where they fhall refide j
and all complaints of fuch fervants, fhall and may by virtue hereof, be received by
the faid court in form of petition without the formal procefs of an action, and full
force and authority is hereby given to the faid court, at their difcretion, (having firft
fummoned their mafters or owners to juftify themfelves if they think fit) to adjudge,
order and appoint what fhall be neceffary and proper, as well with refpect to the
diet, lodging, clothing and exceffive labor; as to the correction of the fervant or fer-
vants complaining ; and if any mafter or owner fhall not thereupon comply with the
court's order, the faid court is hereby authorized and empowered, upon a fecond juft
complaint, to releafe and acquit fuch fervant or fervants from any future fervice, by
entering an order to that purport on the records of the court ; and in cafe it fhall be
found upon examination before the .faid court or three juftices, that the complaint of
fuch fervant or fervants was unfounded or malicious, then the inferior court as afore-
faid, fhall have power to direct and order any moderate punifhment, not exceeding
thirty-nine lafhes \ and in cafe fuch fervant fhall abfent him or herfelf from his, or
her faid mafters or owners fervice, the faid inferior court fhall be, and hereby is au-
thorized, to indent fuch fervant for fuch abfence, a term not exceeding four days
for every day's abfence, more than the time they were originally indented for, by an
order entered as aforefaid on the court books.
IV. And be it further enacted, That (no mafter or owner of any fervant fhall, during
the time of fuch fervants fervitude, make any bargain with him or her for further
fervice or other matter or thing relating to liberty or perfonal profit^ unlefs the fame
be
LAWS OF GEORGIA. 571
be made with the approbation of the inferior court of the county where they fo refide; A. D. 1796.
and if any fervant (hall at any time during fuch fervice, by gift or other lawful means, °' SiS'
acquire any goods or money, fuch fervant mail have the property thereoi to his or
her ownfole ufe and benefit. And if any fervant fhall, during fuch fervitude, hap- Owners, not to
pen to fall fick or lame, fo that he or flie becomes of little or no ufe to his or her become charU-
mafter or owner, the mafter or owner fnall at his or her own expence provide fuch a}>1' to the pub-
fervant with neceffary medicine and attendance during fuch ficknefs, and fhall not
put away fuch fervant, but fhall maintain him or her during the whole time he or
{he were obliged to ferve ; and if under any pretence of freedom any mafter or owner
fhall put away any fuch fick or lame fervant, and fuch fervant (hail become chargea-
ble to the county, fuch mafter or owner fhall forfeit and pay a fum equal to the main-
tenance of fuch perfon, to be recovered by diftrefs, monthly or weekly, at the option
of the magistrates fuperintending the poor rates of fuch county.
V. And be it further enabled, That/at the expiration of the time of fervice, every Tammmdm&l
mafter or owner fhall fupply every fuch fervant with a new and fufficient fuit of clothes
to be approved of by any three or more juftices of the faid county, under a penalty
not exceeding thirty dollars, to be recovered in a fummary way, by fuch fervant, be-
fore the faid juftices. .
VI. And be it further enacted^ That jail fervants imported or migrating, and indent- Tn what manner
ed as aforefaid, may be transferred by affignment of the indentures, either by the transferred C
perfons they originally contracted with or their afftgns ; and fuch perfons to whom
fuch fervants may be fo afligned, fhall be fubject to the claufes and provifoes of this
act, and to every matter and thing expreffed to be done or performed on the part of
the original owners, importers or contractors. \
THOMAS STEVENS^ Speaker of the Hottfe of Reprefentatives.
BENJAMIN TALIAFERRO, Prefident of the Senate.
Coucurred February <5, 1796.
JARED IRWIN, Governor.
An Acl incorporating the grand lodge of the State of Georgia. , No- s&-
'HEREAS, William Stephens, grand mafter, James Jackfon, paft grand Preamble,
mafter, William Stith, deputy grand mafter, James Box Young, fenior grand
warden, Edward Lloyd and Belthazer Shaffer, paft grand wardens, Ulrich Tobler junr.
grand warden, George Jones, paft grand treafurer, James Robertfon, grand treafurer,
David Bridie Mitchell, paft grand fecretary, and John Blackftock, grand fecretr.ry
of the grand lodge of free mafons in this State, have by their petition ftated, that
there has exifted and ftill exifts in this State divers lodges or focieties of free mafons
on an ancient eftablifhment fince the year one thoufand feven hundred and thirty-five,
over which there is a prefiding or fuperintending grand lodge, compofed of the
petitioners as members, and divers others who are or may join in promoting the
good of the craft, founded on the ancient ufages of their fociety ; the principles of
which
S;2
DIGEST OF THE
A. D. 1796.
No, 536.
Grand Lodge of
Georgia, incor-
porated.
Their powers Sc
privileges.
Other lodgesin-
corporated.
Public act.
which, is charity and univerfal benevolence ; to the end therefore, that charitable
inftitutions may be promoted, and particularly a fociety that has exifted time imme-
morial, may be fecured in their rights and privileges ;
I. Be it therefore enaEled by the fenate and honfe of reprefentatives of the State of Geor-
gia in general ajfembly met, and by the authority of the fame, That the feveral perfons
herein before named, and others who are or may become members of the grand
lodge and their fucceflbrs, (hall be, and they are hereby deemed to be a body corpo-
rate and political in name and deed, by the ftyle of the Grand Lodge of Georgia j
and by the faid name and ftyle, fhall have perpetual fucceffion of officers and mem-
bers, and a common feal to ufe, and fhall have full power to make, alter, amend
and change fuch by-laws, as may be agreed on by the members of the fame : Pro-
vided, fuch by-laws be not repugnant to the laws or conftitution of this State or the
United States.
II. And be it further enacted by the authority afore/aid, That they fhall have full
power and authority under the ftyle and name of the Grand Lodge of Georgia, to
take, hold and enjoy, real and perfonal property., to fue for, and recover all fuch
fum or fums of money as now are or hereafter may become due to the faid lodge, by
any name or ftyle whatever, at any court of law or at any tribunal having jurifdi<Stion
thereof, and the rights and privileges of the faid lodge, in any court or at any tribu-
nal whatever, to defend, and alfo to receive, take, and apply bequefts or donations,
as may be made to, and for the ufes and purpofes intended by the faid inftitution 5
and fhall be, and are hereby declared to be veiled with all the powers and advantages,
privileges and emoluments of a fociety of people incorporated to the purpofe and
intentions of their laudable inftitution.
III. And be it further enacled, That all regular conftituted lodges under the power
and jurifdi£tion of the faid grand lodge, are hereby declared to be bodies corporate
and politic, in name and deed, by whatever ftyle or name they may be called and
known in their conftitution, with equal powers to thofe which are hereby given to
the faid grand lodge, fo long as the faid lodges remain under the power and jurifdic-
tion of the faid grand lodge, and in all things abide by, and conform themfelves to
the refolutions and by-laws of the fame, and no longer.
IV. And be it further enacled, That this a£t fhall be, and is hereby declared to be
deemed and confidered a public adl: to all intents and purpofes whatever.
THOMAS STEVENS, Speaker of the Houfe of Reprefentatives.
BENJAMIN TALIAFERRO, Prefident of the Senate.
Concurred, February 6, 1790".
JARED IRWIN, Governor.
No. 557. An Atl to appropriate monies in favor of the guard, ordered by concurred refolution,fcr the
protetlion of the treafury.
February 8, I7°6«
An
line — how to be
run.
'- LAWS OF GEORGIA. 5.73
An ASi for laying out a new county from that part of Scriven that A. D. 1796.
lies fouth of Ogechee river and part of Bryan county. No' 538'
I. ^) E it enabled by the fenate and houfe of reprtfentatives of the State of Georgia A new county
\J in general affembly met, and by the authority of the fame, That one new county {?"*. out' ™m
{hall be, and is hereby laid out from the counties of Scriven and Bryan, in the fol- an.
lowing manner and fqjm, to wit : To begin at John Lanier's, including the fame on its boundary.
Ogechee river : thence a direct line to be drawn to where Lett's creek empties into.
Canouchee ; thence up Canouchee to the Montgomery line ; thence along the faid
line to Ogechee river ; thence down the faid river to the beginning; which county
fhall be called and known by the name of Bullock. Called BMock.
II. And be it further enabled by the authority aforefaid, That the county furveyor of The dividing:
the faid county fhall be, and he is hereby appointed to run and plainly mark the
artificial line agreeably to this act for the aforefaid county of Bullock ; and the coun-
ty furveyor fhall be allowed by the county court of the faid county a reafonable com-
penfation for fuch fervice, to be levied on the faid county, and fhall be fubject, when
collected, to the order of the court for the purpofe aforefaid.
III. And be it further enabled, That Drury Jones, John Mikell and Ifrael Bird, be, commiflkmers <><•
- ., ., >rr r r • 1 r-\ the cuurt houfe- and
and they are hereby appointed commiilioners for fixing on a proper place to erect a ga»i appointed.
court houfe and gaol for the faid county within five miles of the center of the faid
county, and until fuch public buildings are completed, the courts of the faid county courts, where whs
fhall be held at the houfe of Stephen Milles. time."1
IV. And be it further enabled, That the county of Bullock fhall be allowed one The county onkiiv
*member to reprefent it in the houfe of reprefentatives, out of the number allowed repr'efcntative."
for the county of Bryan.
V. And be it further enabled by the authority aforefaid, That the juftices of the The inferior
inferior court be, and they are hereby empowered to levy a tax upon the inhabitants counVtax^ *
of the faid county for the purpofe of erecting a court houfe and gaol within the fame*
THOMAS STEVENS, Speaker of the Houfe of Reprefentatives.
BENJAMIN TALIAFERRO, Prefdent of the Senate.
Concurred February 8, 1796.
JARED IRWIN, Governor.
* Reprefentation to be according to enumeration. See confl. of 1798.
An AH for eflablifhing a ferry from t he-plantation of Nichol Turnbull, No, 539.
near Savannah, to the plantation lat^Nze^ property of Jenny n and
Charles Wright, known by the nameofjJXgchefer, in the State of
South Carolina, andforvefting the fame'% the 'faid 1 Nichol Turnbully
his executors, adminiftrators and affigns, for, and during the term
of ten years.
WHEREAS, a law has pafTed in the State of South Carolina, for the eftablifhment Preamble,
of a road and ferry at the plantation late the property of Jermyn and Charles
Wright,
s74 DIGEST OF TI?E
A. D. 1 796. Wright, known by the name of Rochefter, fituated on the north fide of Savannah river,
%■ 539- in the fa id State ; And whereas, it is neceflary that a ferry mould be eftablifhed on the
fouth fide of the faid river, as near oppofite the ferry before mentioned as may be,
which will tend to the conveniency of, and promote a fpeedy communication between
both States i
AferryefUUHfa- I. Be it enabled by the fen ate and honfe of rcprefentatives of the State of Georgia in gene-
ri/cr! "dVannU1 ral nffemhly met, That a public ferry fhall be, and the fame is hereby edablifhed
upon Savannah river, from the plantation of Nichol Turnbull to the plantation late
the property of Jermyn and Charles Wright, known by the name of Rochefter, on
VeftedinNkhol the oppofite fide of the faid river ; which faid ferry is hereby vetted in the faid
r^rr1s'bull'forI° Nichol Turnbull, his executors, administrators and itfligns, for the fpace of ten
Vears next enfuing the pafling of this aft.
Sub'-eft to csr- H- ^-n^ be ** further enabled by the authority aforefaid, That the faid Nichol
tain regulation Turnbull, his executors, administrators or affigns fhall, and he or they are hereby
required to make and keep in repair the road and caufeway on his plantation afore-
faid, leading to the river Savannah ; and to provide and keep one or more good and
fubltantial ferry boat or boats fit to carry fix horfes at the lead ; and one white man
and a fufheient number of flaves or fervants to attend the faid ferry, as well by night
as by day, to carry over the faid pafiengers, their fervants, ilaves, horfes, cattle and
Rates of fen-iaSe. carriages ; and that it fhall and may be lawful to and for the faid Nichol Turnbull,
his executors, adminiftrators or affigns as aforefaid, to afk, demand and receive for
the faid ferriage, the feveral prices and rates following, and no more, that is to fay :
For every foot traveller, the fum of twenty-five cents ; for each perfon and horfe,
the fum of fixty-two and an half cents ; for every wheel carriage, the fum of twenty-
five cents per wheel ; for every fingle horfe, the fum of thirty-one and an half cents j
for neat cattle, the fum of thirty-one and an half cents per head ; for calves, fheep
or hogs, the fum of fix cents and half per head.
Tcnalty for tie- III. And be it further enabled, That in cafe any perfon or perfons going to the
aye pa engu-s ^^ ferry in order to pafs the fame, fhall (tendering the ferriage as fettled by this
aft) meet with delay, proceeding from negligence or other improper conduft, in not
giving the due attendance required by this aft, the faid Nichol Turnbull, his execu-
tors, adminiftrators or affigns, fhall forfeit and pay for every time fuch delay fhall
happen, to the perfon or perfons fo delayed, a fum not exceeding three dollars for
every hour, to be recovered upon proof thereof, before any juftice of the peace for
the diftrift of White Bluff, by warrant under the hand and fed of the faid juftice :
'Provided, That the perfon fo delayed fhall make complaint within one month next
after fuch delay fhall have happened.
Certain cxemp- IV. And be it further enabled, That the governor for the time being, and all mef-
os rom cr • Angers fent -n tjie fervjc€ 0f this State, and all poftmen be, and they are hereby
declared to be exempt from paying any ferriage for themfelves, their fervants, horfes,-
carriages or baggage, for paffing and repaffing the fame ; and in cafe of any unne-
-cefTary and improper delay, the faid Nichol Turnbull, his executors, adminiftrators
or affigns, fhall forfeit and pay the aforefaid fum of three dollars for every hour, to
be recovered as before direfted ; any thing in this aft to the contrary notwithstand-
ing. V*
LAWS OF GEORGIA 575
.V. And be it further enabled, That the commiffioners of the road leading from A. D. 1796.
Savannah eaftwardly to the ifland of Skidaway, {hall, and they are hereby empowered, ^ N°- -539-
from time to time, to infpecl: the State of the ferry boat or boats, the fufficiencyof fionersto fuper-
the fervants or flaves attending the fame, and the condition of the road, caufeway intend the fame.
and landing j and upon any infufficiency or damage, to give notice to the faid Nichol
Turnbull, his executors, adminiflrators or affigns, to repair or make good the fame j.
and if within ten days after fuch notice fo given as aforefaid, upon proof thereof
made before the majority of the faid commiffioners, he, the faid Nichol Turnbull,
his executors, adminiftrators or affigns, fhall forfeit the fum of eight dollars for every
daj he or they fhall negle£t to make good fuch infufficiency or damage : to be reco-
vered by warrant under the hands and feals of the faid commiffioners, to be applied
to the repair of the bridges, roads and caufeways within the eaftern road before
mentioned. THOMAS STEVENS, Speaker of the Houfe of Reprefentatives..
BENJAMIN TALIAFERRO, Prefdent of the Senate.
Concurred February 8, 1796.
JARED IRWIN, Governor.
An Acl to divide the county of Franklin. n«- 540.
I. ^E it enaffed by the fenate and houfe of reprefentatives of the State of Georgia in A new county
J[_3 general affembly met, and by the authority of the farney That all that part of p^o^jj, GI*
the county of Franklin lying and being within the following limits, fhall form one
other county, and fhall be called and known by the name of Jackfon y that is to Called Jacip*.
fay : The line dividing the faid county of Jackfon from the county of Franklin fhall Us bounkary.
begin on the fouth fork of Broad river at the place where it interfects the counties
of Oglethorpe and Elbert, from thence it fhall run up to the head or fource of the
middle fork, it being the main ftream ; from thence fouth forty-five degrees, weft to
the main ridge which divides the waters of Broad river from the waters of the Geo-*
nee ; thence along the faid ridge to the temporary or weftern line of Franklin county j,
and all that part of Franklin county lying and being fouthwardly of the aforefaid.
line, fhall be included and comprehended in the county of Jackfon ;y and the remain-.
ing part of the faid county fhall retain the name of Franklin.
II. And be it further enabled by the authority aforefaid) That John Barnett, Jofeph Commifiiener*
Humphries, Auguftine Blackburn, Roderick Eafly, and Daniel W. Eafly, fhall be, ^oLaepomtfed!
and they are hereby appointed commiffioners :* and they or a majority of them are.
veiled with full power and authority to fix on the mod convenient and central place
within the faid county, at which the courts and elections fhall. be held as foon as
fuitable buildings are erected thereat \ and the faid commiffioners or a majority of Courts and elec*
them are hereby authorized and empowered to contract with fit and proper peifons tior.s—whereto
' . . beld in the meas
for the purpofe of building a court houfe and gaol in the county aforefaid ; which, time.
after at leafl; thirty days notice, fhall be let to the loweft bidder :. Provided^ That.
until the court houfe fhall be erected, the courts and elections for the faid county.
fhall be held at the houfe of Daniel W. Eafly.. IIL
* Other commiflioners appointed L>) ad of 1798, No, 6zo. - 1 j
g$g DIGEST OF THE
A.'D. 1796. III. And be it further enabled by the authority aforefaid. That the juflices of the
No. 540. inferior court of the faid county are hereby authorized and empowered to levy a tax
lcvya^ountytaK not exceeding one-fixth of their general tax, on the inhabitants and taxable property
within the fame, for the purpofe of erecting a court houfe and gaol as aforefaid ;
which (hall be done in fuch manner, as in the judgment of the court (hail be leaft
burthenfome to the inhabitants.
The lines— how IV. And be it further enabled by the authority afore/aid, That Malachi Jones (hall
to-be run. ^ an^ j1£ js }iereDy appointed to run the lines of the faid county, and that the
charges thereof fliall be paid by the inferior court of the county, to be levied as in
this act re directed,
jack-ion county V. And be it further enabled, That the faid county of Jackfon be allowed one*
rcBreiLntativeT representative in the State legiflature, to be taken from the reprefentation allowed
by the ccnftuution to the county of Franklin.
THOMAS STEVENS, Speaker of the Houfe of Reprefentatives.
BENJAMIN TALIAFERRO, Prefdent of the Senate.
Concurred February 1 I, 1796.
JARED IRWIN, Governor.
* Reprefentation to be according to enumeration. See conftitution of 1798.
No. 541. An Abl for opening and keeping open the river Oconee.
February 11, 1796.
Re-ena3ed with alterations by ail of 1797* JVo. 602.
No. 542. An Ac! to eftablifh an infpeclion of tobacco on Savannah rivert at the
mouth of Cold Water creek.
Tobacco infpec- I. 3 E it enabled by thefenate and houfe of reprefentatives of the State of Georgia in general
tion at Cold Jgjf ajfembly met, and by the authority of the fume, That it (hall and may be lawful
Elbert. for an infpection of tobacco to be opened at the mouth of Cold Water creek, in
Elbert county* on the land of John Cunningham, which faid infpection {hall be
regulated by the fame laws which are now in force or which may hereafter be made,
for the government of the feveral infpections in this State.
John Canning- IL Be it alfo enabled, That the right of the faid warehoufe is hereby veiled in
ham proprietor. j0hn Cunningham, his heirs and afTigns, who (hall be entitled to receive the fame
ftorage as is directed by law to be received at the other infpections within this State.
Infpec^ors em- III. Be it further enabled, That it (hall and may be lawful for the feveral infpec-
powered to coo- torg Q£ tobacco within this State, either by themfelves or perfons by them employed,
to cooper the tobacco which may be brought to their feveral infpections, who (hall be
entitled to receive the fame fee which is allowed by law in this State for the cooper-
ing of tobacco ; any law or cuftom to the contrary notwithstanding.
THOMAS STEVENS, Speaker of the Houfe of Reprefentatives.
BENJAMIN TALIAFERRO, Prefdent of the Senate.
Concurred, February 11, 1796".
JARED IRWIN, Governor- An
LAWS OF GEORGIA. .577
An Acl, declaring null and void a certain ufurped acl p off ed by the loft A. D. 1796.
legiflature of this State, at Augufia, on the feventh day of January,
one thoitfandfeven hundred and ninety-five, under the pretended title
of " An aclfupplementary to an acl, entitled an acl for appropri-
ating a part of the unhealed territory of this State, for the pay 711 ent
of the late State troops, and for other purpofes therein mentioned?
declaring the right of this State to the unappropriated territory
thereof, for the proteclion of the frontiers, and for other pur pofs ;"
And for expunging from the face of the public records the f aid ufurp-
ed acl, and for declaring the right of this State to all lands laying
nvithin the boundaries therein mentioned.*
WHEREAS, the fre?. citizens of this State, or in other words the community Preamble.
thereof, are effentially the fource of the fovereignty of the State, and no
individual or body of men can be entitled to, or vefted with any authority which
is not exprefsiy derived from that fource, and the exercife or affumption of powers
not fo derived, become of themfelves oppreffion and ufurpation ; which it is the
right and duty of the people or their reprefentatives to refift, and to reftore the
rights of the community fo ufurped and infringed.
•* And wbe'rtas; the -will or constitution of the good people of this State is the only
existing legal authority derived from the effential fource of fovereignty, and is the
only foundation of the legislative power or government thereof, and fo far as that
will or constitution exprefsly warrants, the legislature may go, but no further ; and
all conftruc~Hve powers not neceffarily deduced from that expreffed will, are violations
of that effential fource of fovereignty, and the rights of the citizens, and are there-
fore of no binding force or effect on the State, or the good people thereof, but null
and void.
And whereas, the laft legislature of this State not confining itfelf to the powers
with which that body was constitutionally invefted, did ufurp a power to pafs an acl:
on the' feventh day of January, one thoufand feven hundred and ninety-five, enti-
tled <: An act fupplementary to an act, entitled an act for appropriating a part of
the unlocated territory of this State, for the payment of the late State troops, and
for other purpofes therein mentioned, declaring the right of this State to the unap-
propriated territory thereof, for the protection of the frontiers, and for other pur-
pofes ;" by which an enormous tract of unafcertained millions of acres of the vacant
territory of this State, was attempted to be difpofed of to a few individuals, in fee
fimple, and the fame is not only unfounded as being without exprefs constitutional
authority, but is repugnant to that authority, as well as to the principles and form of
government, the good citizens of this State have chofen for their rule, which is
democratical, or a government founded on equality of rights ; and which is totally
4 D oppofed
* The effect or operation of this aft, being, in our opinion, a judicial queftion, we fliail not prefume to
•ffer any comment.
5?3 DIGEST OF THE
A. D. 1796. oppofed to all proprietary grants, or monopolies, in favor of a few, which tend' to
No. 543 . build up that deftructive ariftocracy, in the new, which istumbling in the old world -,
and which, if permitted, muft. end- in the annihilation of democracy and equal
rights j thofe rights and principles of government which our virtuous forefathers
fought for, and eilabliihed with their blood.
And -whereas, the fourth feclion of the fourth article of the conftitution of" the-
United States declares, v The United States fhall guarantee to every State in this
Union a republican government," which could never have been intended to. be a
republican ariftocracy, and which fuch extravagant grants tend to eftabliih ;.,the. con-
futation''of the United States exprefsly acknowledging a republican democracy, or,
the foundation of the people : it receiving all its force and power from their hands
as their gift, which is manifeft from its context, " We the people of the United
States." ';.'•■;
And whereas, as before mentioned, the faid ufurped.adl i.s repugnant to thtr cenfti-
tutional authority, inafmuch as that by the fi-xteenth feci ion of. the firft article of
the conftitution of this. State, it is declared, "That the general ailembly fhall have
power to make all laws and ordinances which they fhall. deem nexeffary and. proper
for the good of the State, which fhall. not be repugnant. to tlus conflitutio-u." And
the faid ufurped act is oppofed to the good of the. State., and it -is, felf-evident, that
the legiflatute which affumed the power, did not deem it. for the good of the State :.
1 ft. Becaufe felf-pr-efervation or the protecting itfelf is the .gi;eateft. good and ftril
duty of every government,, and as has been. (hewn, immenfe, monopolies of land by
a few individuals under the fancrion of the. government- is oppofed. to the principles
of democracy,, or the fundamental laws the citizens .of this State have chofqn for
their rule, which fo far from being for the good or felf-prefervation of the demo-:
cratical or equal government, is moft manifeftly for-its deftrucfion and injury.
2d. Becaufe the exprefho.n. " good of the State" embraces the good of the citi-r
zens compofing the State, and the good of the citizens confifts in the peaceable pur-
fu.it of happinefs, and the enjoyment of all rights natural- or acquired,, not exprefsly
delegated for. the purpofes;of government ; and a fale of, fuch an enormous tracx to
a few Speculators, which was and is- the. common right. of all the good citizens of
•this State, is contrary to. thofe rights,, and . therefore to. their, manifeft injury, and
of courfe to the injury of the State...
3d. Becaufe, even fuppofing conftitutional authority to. have, been vefted in the
kgiilature for the.purpofe of fuch :d.ifpofal, the legiflat.ure was not veiled with power
to transfer the fovereig.nty and jurifdiction of the State over the territory attempted
to be difpofed of, which it has done by opening a door for. fale to foreign powers^
and a relinquishment of the powers of taxation until the proprietors chufe to be
represented, which is in facl difmemberinsr the State, and. which transfer and relin-
quifhment of taxation cannot be for the good of the State..
4th. Becaufe there was no neceffity or preffmg urgency for the fale of fuch aii
immenfe tract of territory, equal to fome European kingdoms, to carry into execu-
tion and operation, the. extinguishment of the. Indian claims to. the lands between
the
LAWS OF GEORGIA.
579
the Oconee and Oakmulgee, contemplated by the act entitled "An act for appropriat* A. D. 1796.
ing a part of the unlocated territory of this State, for the payment of the late State No- -*43-
troops, and for other purpofes therein mentioned 5" the fubterfuge on which the faid
ufurped act: of the feventh of January, one thoufand feven hundred and ninety-five
was founded, when the whole amount of the appropriation for that purpofe was
but thirty thoufand dollars, and funds to z greater amount were then in the treafury
unappropriated : And becaufe no State or Nation is juftified in wantonly diffipating
its property or revenues, and a legal alienation of which can only take place from
the mod preffmg necefhty ; and the territory attempted to be difpofed of, was the
faid ufurped law valid, was wantonly dhTipated, it being difpofed of for the trifling
fum of five hundred thoufand dollars, a fum not adequate to the annual quit rents
fuch lands were charged with previoufly to the revolution by the Britifh king ; which
wanton diffipation cannot be for the good of the State.
5th. Becaufe* exclufive of the immenfe lofs of revenue to which the State is ex-
pofed from the relinquifhment of taxation, the fum of five hundred thoufand dollars
was accepted as the confederation money for the fale, and the fum of eight hundred
thoufand dollars offered by perfons of as large a capital, and as much refpectability
and credit, and on terms more advantageous to the State, was refufed ; which as it
was (fhould the faid ufurped act have been confidered valid) a clear lofs of three
hundred thoufand dollars to the revenues of the State, it is evident that the law
authorizing the fale was not deemed by the members of the legiflature for " the
good of the State," which muft have confifted in obtaining the higheft price. and the
moft advantageous terms.
6th. For the very excellent reafons given by his excellency the governor in his
diffent to the firft bill for the difpofal of the faid territory, delivered to the houfe of
reprefentatives on the twenty-ninth of December, one thoufand feven hundred and
ninety-four, and which bill was not materially different from fte act in queftion ;
and which reafons prove, that his excellency as a negative branch of the legiflature,
although he concurred in the law, did not deem it for " the good of the State,"
and which diffent was in the words following :
ift. I doubt whether the proper time is arrived for difpofing of the territory in
queftion.
2d. If it was the proper time, the fum offered is inadequate to the value of the
land.
■3d. The quantity referved for. the citizens is too fmali, in proportion to the extent
of the purchafe.
4th. That greater advantages are fecured to the purchafers than to the citizens.
5th. That fo large an extent of territory being difpofed of to companies of indi-
viduals, will operate asv monopolies, which will prevent or retard fettlements, popu-
lation and agriculture.
6th. That fhould fueh difpofition be made, at lead one fourth of the lands fhould
be referved for the future difpofal of the State..
•7th. That -if public notice was given, that the land was for fale, the rivalfhip in
purchafers would moft probably have increafed the fums offered, jo 8th. .
58o DIGEST OF THE
A. D. 1796. 8th. The power given to the executive by the conftitution, the duty I owe the
No. j43- community, and the facrednefs of my oath of office, will, I flatter myfelf, juftify
this diflent in the minds of the members of the legiflature, and of my other fellow
citizens.
And whereas, the faid ufurped act pafled on the feventh day of January, one
thoufand feven hundred and ninety-five, is alio repugnant to the afore recited fixteenth
fecfion, in as much as it is repugnant to the feventeenth or fubfequent fetlion of the
faid firfb article, which declares, " They (the legiflature) fhall have power to alter
the boundaries of the prefent counties, and to lay off new ones, as well out of the
counties already laid off, as out of the other territory belonging to the State. When
a new county or counties {hall be laid off out of any prefent county or counties,
fuch new county or counties (hall have their reprefentation apportioned out of the
number of reprefentatives of the county or counties out of which it or they fhall
be laid out ; and when any new county fhall be laid off in the vacant territory belong-
ing to the State, fuch county fhall have a number of reprefentatives not exceeding
three, to be regulated and determined by the general affembly." And the territory
difpofed of not laying within the limits of any county already laid off, and a fale
and grant thereof, fhould the faid ufurped law be deemed valid, having been made3
it could not be defined the vacant territory belonging to the State, whereby the con-
ftitutional powers vefted in the general affembly by the faid feventeenth feclion, would
be barred and prevented, and confequently the fettlers on the territory fold, be
deprived of the conftitutional right of reprefentation, and is not only thus repugnant
to the faid fixteenth and feventeenth fe£tions, but thereby and by the relinquishment
of the right of taxation, until the fettlers were reprefented, which they cannot con-
stitutionally be, is alfo repugnant to the whole letter and fpirit of the conftitution,
it operating as a dereliction of jurifdiclional rights, and a virtual difmemberment of
the State*
And whereas, in and by the articles of confederation entered into and finally ratified
on the firft day of March, one thoufand feven hundred and eighty-one, by the then
thirteen States of America, the territory within the limits of each of the faid States
is to each of them refpetlively confirmed and guaranteed, firft by the fecond article,
to wit : " Each State retains its fovereignty, freedom, and independence, and every
power, jurifdiction and right, which is not by the confederation exprefsly delegated
to the United States in congrefs affembled." And fecondly, by the laft claufe in the
fecond fection of the ninth article, " No State {hall be deprived of territory for the
benefit of the United States." And in and by the firft claufe of the fixth article of
the federal conftitution of the United States, "AH engagements entered into before
the. adoption of the faid conftitution, fhall be as valid againft the United States under
the faid conftitution as under the confederation :" And by the twelfth article of the
amendments to the faid conftitution, ratified and adopted, " The powers not delega-
ted to the United States by the conftitution, nor prohibited by it to the States,- are
referved to the States refpectively or to the people."
And whereas, in and by the definitive treaty of peace figned- at Paris on the third of
September, one thoufand feven hundred and- eighty-three,- the- boundaries of the
United
LAWS OF GEORGIA. 581
United States were eftablifhed, and the faid United States fully recognized and A. D. 1796.
acknowledged by the firft article thereof, in the words following : " His Britannic No. 543.
majefty acknowledges the faid United States, viz. New-Hampfhire, Maffachufetts
Bay, Rhode-Ifland, Connecticut, New- York, New-Jerfey, Pennfylvania, Delaware,
Maryland, Virginia, North-Carolina, South-Carolina and Georgia, to be free,
fovereign and independent States, that he treats with them as fuch, and for himfelf,
his heirs and fucceffors, relinquifhes all claims to the government, proprietary and
territorial rights of the fame ;" and by the fecond article it is declared, " And that
all difputes which might arife in future on the fubject of the boundaries of the
faid United States, maybe prevented, it is hereby agreed that the following are, and
fhall be their boundaries." And thofe boundaries thereby declared, which limit the
weftwardly and fouthwardly parts of this State, are thus defined : " Along the mid-
dle of the Miffiffippi until it fhall interfect the northernmost part of the tmrty-firfi:
degree of north latitude ; fouth by a line drawn due eaft from the termination of the
line laft mentioned in the latitude of thirty-one degrees north of the Equator, to.
the middle of the river Appalachicola or Chatahouchee ; thence along the middle
thereof to its junction with Flint river; thence ftraight to the head of St. Mary's.
river ; and thence along the middle of St. Mary's river to the Atlantic ocean ;" and
the king of Great Britain did, by proclamation dated the feventh day of October,
in the year one thoufaud feven hundred and fixty-three, annex to the then province
of Georgia, all the lands laying between the faid river St. Mary's and the Alatamaha,,
its former boundary claimed by South Carolina under her charters ; and the State o£
South Carolina, in and by a convention held and concluded between the commiffion-
ers of the faid States, at Beaufort, under the authority and articles of the confede-
ration, on the twenty-eighth of April, in the year one thoufand feven hundred and.
eighty-feven, did confirm to the State of Georgia, the fouthwar.d and weftwardly
boundaries defcribed in the faid treaty of Paris, by ceffion andrelinquifhment of all
right, title and claim which the faid State poffeffed from the original charter thereof,
to the government, fovereignty and jurifdiction in and over the fame, and . alfo the-
right of pre-emption of the foil from the native Indians, and all other the eftate,
property and claim, in or to the faid land ; and the boundaries fo defcribed, alfo
coincide with the boundaries of this. State, as defcribed by the land act of this State
now in force, paffed at Savannah the feventeenth of September, one thoufand feven.
hundred and eighty-three, (except as to the northern boundary of the State) which,
by the faid convention is thus eftablifhed and ratified by the firft article thereof,
w The mod northern branch or ftream of the river Savannah from the fea or mouth
of fuch ftream, to the fork or confluence of the rivers now called Tugaloo or
Keowee, and from thence to the moft northern branch or ftream of the faid river
Tugaloo, till it interfedts the north boundary line of South Carolina, if the faid
branch or ftream of Tugaloo extends fo far north, referving all the iflands in the
faid rivers Savannah and Tugaloo to Georgia; but if the head fpri'ng or fource of
any branch or ftream of the faid river Tugaloo does not extend to the north boundary
of South Carolina, then a. weft line to the MiffiffipnL"
And
Ss2 DIGEST OF THE
A. D. 1796. An! whereas, until the formation of the confederation, there could poffibly belong
»?j ,543, no territorial rights to the United States, nor after fuch formation within the chattered
limits of any State, but fuch as were fpecially ceded and relinquifhed by the refpec-
tive States--, and the people of the State of Georgia have by no aft of theirs, or in any
manner or fhape whatever, transferred or aliened or delegated a power to transfer or
alien the territory attempted to be difpofed of by the faid ufurped ad patted on the
feventh of January, one thoufand feven hundred and ninety-five, and the fame and
every part thereof is hereby declared to be veiled in the State and people thereof, and
inalienable, but by a convention called by the people for that exprefs purpofe, or by
fome claufe of power expreffed by the people delegating fuch exprefs power to the
legislature in the conflitution.
And whereas, diverted of all fundamental and conftitutional authority which the
faid ufurped aa might be declared by its advocates, and thofe who claim under it,
to be founded on, fraud has been praclifed to obtain it and the grants under hv
And it is a fundamental principle both of law and equity, that there cannot be a
wrong without a remedy, and the State and the citizens thereof have fuffered a moil
grievous injury in the barter of their rights by the faid ufurped a£l and grants, and
there is no court exilting if the dignity of the State would permit her entering one,
for the trial of fraud and collufion of individuals, or to conteft her fovereignty with
them, whereby the remedy for fo notorious an injury could be obtained ; and it can
no where better Jay than with the reprefentatives of the people chofen by them, after
due promulgation by the grand juries of moft of the counties of the State, 'of the
means- praftifed, and by the remonftrances of the people to the convention, held on
the tenth day of May, in the year one thoufand feven hundred and ninety-five, fetting
forth the atrocious fpcculation, corruption and collufion, by which the faid ufurped
a£t and grants were obtained.
And whereas, the faid petitions and remonftances of the good people compofing the
State, to the faid late convention-held at Louifville on the faid tenth day of May, one
thoufand feven hundred and ninety-five, produced a refolution of that body in the
following words : " Refolded, That it is the opinion of this convention, that from
the numbers, refpe£rabuit'y, and ground of complaint dated in the fundry petitions
laid before them, that this is a fubje£l of importance meriting legiflalive deliberation.
Ordered therefore, That fuch petitions be preferved by the fecretary, and laid before
the next Iegiflature at their enfuing feffion." Which refolution invefts this Iegifla-
ture with conventional powers, quo ad hoc, or in common terms, for the purpofe of
inveiligating the fame, and which gives additional validity to legiflative authority,
were^ the powers of one Iegiflature over the afts of another to be attempted to be
qucftioned.
And whereas, it does appear from fundry affidavits and a variety of proofs fatis- '
fadory to this Iegiflature, as well as from the prefentments of the grand juries on
oath, of a confiderable majority of the counties of the State, and by the afore recited
petitions and remonftrances of the good people thereof to the convention, and by
numerous petitions to this prefent Iegiflature to the fame purport, as alio from -the 1
felf. evident proof of fraud, arifing from the rejedion of eight hundred thoufand
dollars,
LAWS OF GEORGIA. 583
dollars, and the acceptance of five hundred thoufand dollars, as the confideration A. D. 1796.
money for which the f;iid territory was fold ; that fraud and corruption were prac- No- -543.
tifed to obtain the faid adl and grants, and that a majority of thole members of the
legiflature who voted in favor of the aforefaid acl, were engaged in the purchafe ; and
a majority of one vote only appeared in favor of the faid ufurped acl in the fenate,
and on which majority in that branch the fame was paffed, and corruption appears
againft more than one member of that body ; which, exclufive of the many deceptions
ufed, and the inadequacy of price for fuch an immenfe and valuable tracVof country,
'.would be fufficient in equity, reafon, and law, to invalidate the contrad!, eveniup-.
pofing it to be.conftitutional, which this legiflature declares it is not.v
I. Be it therefore enacted, That the faid ufurped acl, paffed on the feventh day of The acl for dif-
January, in the year one thoufand feven hundred and ninety-five, entitled " An acl tHd yffefteS^et-
fupplementary to an acl, entitled an acl for appropriating a part of the unlocated ritory, §ni? the
a i • c r 1 riio iri grants &c. foan-
. territory or this o.tate, tor the payment 01 the late otate troops, and tor otner pur- dedthereon.de-
pofes therein .mentioned, declaring the right of this State to the unappropriated chred to be «/ya
• 1 r r i. o- r i r ■ j r i r „ , /«% null &, void ,
. territory, thereof, tor the protection of the frontiers, and tor ether purpoies, be.
and the fame is hereby declared null and void, and the grant or grants, right or
. rights, claim or claims, iffuing, deduced or derived therefrom, or from any claufe,
letter or fpirit of the fame or any part of the fame, is hereby alfo annulled, rendered
.void, and of jio effecl; and as the fame was made without con ftitutional authority, ,
and .fraudulently obtained, it is hereby declared of no binding force or effect, on this ,
State or the. people, thereof; but is and are to be confidered both law and grants as ■
.they ought. to be ipfo facto of themfelves void, and the territory therein mentioned is
alfo hereby declared to be the fole property of the State, fubjeel only to the right of
treaty of the United States to enable the State to purchafe under its pre-emption 4 '
'right the Indian title to the fame- .
II.' And be it further enacted,. That within thfee days after the paffihg of this acl The fame to fee
the different branches of the legiflature fhall afiemble together: at which meeting J^ public --re-..
the officers fhall attend with the feveral records, documents and deeds in the fecre- cords.
tary's,. furveyor general's and. other public offices, and which records and documents,
fhall then and there be expunged from the face and indexes of the books of record of
the State, and the enrolled law or ufurped acl fhall, then be publicly -burnt,- in order 7
that no trace of fo unconftitutional,' vile and fraudulent a tranfaclio-n, other than -the ,
•infamy attached to it. by this .law, fhall remain in the public offices thereof ; -and it-
is hereby declared the duty of the county officers of record, where any conveyance, :.
bond or other deed whatever, fhall -have been recorded, relating to the fa-le-of the;
faid territory under the faid ufurped acl, to produce the- book wherein the faid deed,
bond or conveyance may be fo recoided, to the fuperior court at the next fefiionof
the court after the pairing this law, and which court is hereby directed to caufe fuch
clerk or keeper of the public records of the court, to obliterate the fame in their pre-
ftnee ; and if fuchclerk or keeper of records, neglecl or refufe fo to do,- he fhall be
and is hereby declared incapable of holding any office of tr'uft or confidence in this
State, and the fuperior court fhall fufpend him : And from and after- the paffing of
thia.
Bfc DIGEST OF THE
j
A. D. 1796, this a£r, if any clerk of a county,. -notary public, or other officer keeping record, (hall
ivo. 343. enter any tranfaction, agreement, conveyance, grant, law or contract relative to the
faid purchafe, under the (aid ufurped act, on their books of record, wlvereby claim can
be derived of authority of record, he or they fhall be rendered incapable of holding
any office of trufl or profit within this State, and be liable to a penalty of one thoufand
dollars, to be recovered in any court within and under the jurifdiclion of this State ;
one half whereof to be. given for the benefit of the informer, and the other half to be
lodged in the treafury for the ufe of the commonwealth.
Neither the W v. III. And be it further enacledy That the faid .ufurped law paiTed on the feventh of
grants or ot ^.er yanu..lVV jn j-^g y.ear one thoufand feven hundred and ninetyrfive, fhall not, nor fnall
papers relative J 1 ' 1 J » *
thereto Shall be anv grant or grants ifiued by virtue thereof, or any .deed or conveyance, agreement
d^nce^o^eiht- or contract, fcrip or paper relative thereto, be received, as evidence in any court of
bliih a right to iaw or equity of this State, fo far as to eftablifh a right to the faid territory or to
i'ala territory.' any part thereof: Provided, .That nothing herein contained fhall be . . conftrued to
Provifo. prevent fuch deed or conveyance, agreement or contract, between individuals, fcrip
ifTued by the pretended purchafers, or other paper, from being received .as evidence
in private actions, for the recovery of any monies given, paid or exchanged, as the
confederation for pretended fales by the original pretended purchafers or perfons
claiming and felling by and under them.
Themonicspaid IV. And be it further enaSIed, That his excellency the governor be, and he is
into the treafury jiereDy empowered and required to iflue warrants on the treafurer after the expiration
nertoberetutn- of fixty days in favor of fuch perfons as may have bona fide deposited monies, bank
ed- bills or flock in the funds of the United States or warrants, in part or in whole pay-
ment of pretended fhares of the faid pretended purchafed territory; Provided, The
ifnot applied for fame fliall be now therein and not otherwife : And provided alfo> That the rifle at-
— -at what time tending the keeping the fum or fums fo paid in, be deemed and is hereby declared
comedaeiicl & to lay entirely with the perfons who depofited them, and that any charge of guards
ufe of the Se 'te! or ot^er expences for the fafe keeping thereof, be deducted therefrom; and in cafe
of neglect of application to his excellency therefor, within eight months after the
palling this act, the fame fhall be and is hereby deemed property derelict, and ef-
cheated to and lor the ufe of this State.
The right to ex- V. And be it further enaEfed, That any pretended power aiiumed, ufurped, or
tinguifh the Jn- tended by the faid act, or any claufe, or letter of the fame, or which may or can
man title, or to ■ J J r ^ J
apply to the ge- be conftrued to that purpofe by the faid ufurped act, grant or grants under it, or
m"! f(?r°Vthat frc>m the journals of the houfe of fenate or reprefentatives, to apply to the government
purpofe, declar- of the United States for the extinguishment of the Indian claims to the lands within
hi the people & tne boundaries in the faid ufurped act mentioned, and the holding any treaty by the
government of fa'K\ general government in confequence of any application therefor by the company
purchafers under the faid ufurped act, fo far as may affect the rights of this State
to the lands therein defcribed, is, and are hereby alfo declared null and void, and
the right of applying for, and the extinguishment of Indian claims to any lands
within the boundaries of this State, as herein defcribed, being a fovereign right, is
hereby further declared to be vetted in the people and government of this State, to
whom
LAWS OF GEORGIA. 585
^hom the right of pre-emption to the fame belongs, fubjecl: only to the controling A, D. 1796.
power of the United States to authorize any treaty or treaties for and to fuperintend No- •543«
the fame.
VI. And be it further enabled, That in order to prevent future frauds on indivi- This law— how
-duals as far as the nature of the cafe will admit, his excellency the governor is hereby ^° b,e PnmiuJ-
required, as foon as may be, after the paffing of this law, to promulgate the fame
throughout the United States.
THOMAS STEVENS, Speaker of the Houfe of Reprefentatives.
BENJAMIN TALIAFERRO, Prefident of the Senate.
Concurred, February 13, 1796.
JARED IRWIN, Governor.
An Acl to enable the executors of the loft nvill and tefament of Daniel No. 544.
Grant, deceafed, to carry the fame into effecl, and for other pur-
pofes therein mentioned.
WHEREAS, by the laft will and tenement of Daniel Grant, deceafed, late Preamble,
of the county of Wilkes, the executors therein named, are directed to
apply as early as may be to the legiflature of* this State for an aft enabling them to
carry the faid will into effect : And whereas, the faid Daniel Grant, deceafed, hath by
his laft will and teftament declared certain negro flaves therein named free at certain
times, and under certain conditions and redactions therein contained : And whereas,
the executors, to wit: Thomas Grant, John Crutchfield and David Meriwether, have
petitioned the prefent legiflature, in terms of and agreeably to the faid will ;
I. Be it therefore enabled by thefenale and houfe of reprefentatives of the State of Georgia The executor*
in general apmbly met, and by the authority of the fame, That the aforefaid Thomas 0^^wtee&to
Grant, John Crutchfield and David Meriwether, executors as aforefaid, furvivor or carry his will
furvivors of them, are hereby authorized to carry the faid will, with every item and ^uln net™
paragraph thereof, fully into efTec-t. j and the feveral negro flaves therein mentioned, flaves liberated,
are hereby declared to be freed and liberated, at the times and on the terms and con-
ditions therein exprefTed ; any law ufage or cuftom to the contrary notwithftanding.
II And whereas, Anthony Hayns, late of the county of Columbia, was in his life in purfuance of
time pofTefled of certain negro flaves, to wit: Chany and her nine children, Billy, Anthony Hayns
Sylvia, Francis, John, Polly, Richard, Betfy, Anthony and Peggy ; And whereas,
the faid Anthony Hayns did, on the tenth day of June, in. the year of our Lord one
thoufand feven hundred and ninety-five, make a certain inftrument in writing, duly
executed, and now entered of record in the clerk's office of the faid county, purport-
ing his renunciation of all right, title, intereft and claim of, in, and to thefaid negro
woman, Chany and her aforefaid children, and did thereby publifh and declare the
aforefaid negro woman, Chany and her nine children, Billy, Sylvia, Francis, John, Polly,
Richard, Betfy, Anthony and Peggy, to be for ever manumitted, emancipated and
freed, and capable of enjoying all the rights and privileges of citizenfhip ; and the
4 E faid
586 DIGEST OF THE
A. D. 1796. faid Anthony Hayns did alfo, on the fifteenth day of June, one thoufand feven hurt-
No. 544. dred and ninety-five, by his laft will and teftament duly executed, give and bequeath
unto the faid negro woman, Chany and her children, Billy, Sylvia, Francis, John,
Polly, Richard, Betfy, Anthony and Peggy, certain lands and other property therein '
fpecified ;
And whereas, Thomas Hayns and David Maxwell, executors of the faid laft will
and teftament, have applied by petition to the legiflature, to confirm the emancipa-
tion and freedom of the faid negro flaves.
Certain negroes Be it therefore enabled by the authority aforefaid, That the faid negro woman, Chany
emancipa.-- ^^ ^eY njne children, to wit: Billy, Sylvia, Francis, John, Polly, Richard, Betfy,
Anthony and Peggy, they, and each of them be, and they are hereby emancipated,
freed, and enabled to take, hold, and enjoy property of every kind, in like manner
as if they were free citizens of this State.
Certain proper- HI. And be it further enacted by the authority aforefaid, That the property given
ty vetted in ancj bequeathed in the laft will and teftament of the faid Anthony Hayns to the faid
negro woman, Chany and her children, Sylvia, Francis, John, Polly, Richard, Betfy,
Anthony and Peggy, is hereby declared to be vefted and confirmed in them and their
heirs and affigns for ever, agreeably to the true intent and meaning of the faid will.
Reuhin & John IV. And be it further enabled. That Reubin Going and John Going, of Greene
Going,. enabled county De, and they are hereby authorized and enabled to take, hold and enjoy
property both real and perfonal.
Proviibo Provided neverthelefs, That nothing herein contained (hall extend, nor be conftrued
to extend, to entitle the faid free mulattoes and negro flaves, when liberated as afore-
faid, to ferve as jurors in any cafe whatfoever, nor to render them or either of
them a witnefs in any caufe or cafe where the perfonal right or property ,of any
white perfon or perfons is or are concerned, nor to entitle them or any of them,
to have or hold, directly or indirectly, any office of truft or profit, civil or military,
within this State..
THOMAS STEVENS, Speaker of the Houfe of Reprefentatives,
BENJAMIN TALIAFERRO, Prefdent of the Senate.
Concurred, February 13, 1796".
JARED IRWIN, Governor.,
^o-j45- Art Acl to authorize the truftees of the town of Augufta, to make
uniform the Broad-Jlreet of the fame, and to give relief to certain*
lot-holders therein;, and alfo to empoiver the faid truftees to appro-
, priate one of the public lots for the ufe of a meeting houfe or houfe
of ivorfhip hi the faid 'town, and for other purpofes.
■
Preamble. ™?T1|" XHEREAS, it is reprefented to: this general affembly, that the lot holders oa
\\* the north fide of Broad ftreet, in the aforefaid town of Augufta,, fituate
in that part of the town lying between Wafhington. and Lincoln ftreets, fufFer great'
inconvenience
LAWS OF GEORGIA. 587
inconvenience from the extraordinary width of the faid Broad flreet, the fame being A.D. 1796.
fixty-four feet wider there than above and below them; for remedy whereof, ^ •J4-5-
I. Be it enaaed by the fenaie and houfe of reprefentatives of the State of Georgia in gene- Augufta. Broad
ral afTembh met. That the trufte.es of the faid town of Augufta, be, and they are preet— Il0W to
JJ J * . . •be made um-
hereby authorized and required to make uniform the aforefaid Broad ftreet, by reduc- form,
ing the fame to equal width, and to convey by proper deeds of conveyance to the
perfons holding lots between Wafhington and Lincoln ftreets, and on the north fide
of Broad ftreet as aforefaid, the ground lying and being between the faid lots refpec-
tively, and a parallel line to be drawn from the corner at the interferon of Broad
and Wafhington ftreets, to the corner where the faid Broad ftreet is interfered by
Lincoln ftreet on the north fide thereof, and to their heirs and affigns forever, in fee
limple, in as full and ample a manner as the other lots in the faid town have been
conveyed ; the aforefaid lot holders refpectively, their heirs or affigns, firft giving
bond with good fecurity to the faid truftees, payable on or before the firft day of
March, in the year, of our Lord one thoufand feven hundred and ninety-feven, with
intereil from the date thereof, for a fum of money which {hall be equal to the ave-
rage amount of the commiffioners fales of the two fquares of lots, the one lying
immediately above, and the other below the aforefaid corners, in proportion to the
quantity of ground to be conveyed to each lot holder ; and the money arifing there-
from fhall be, and the fame is hereby appropriated to the ufe of the court houfe and
gaol in the faid town.
Whereas, by an. act of the general affembly, entitled " An act for the more fpeedy
and effectual fettling and ftrengthening this State," it is enacted among other things, that
the commiffioners of the town of Augufta or any three of them, fhall referve two of
the beft lots in the center line of the faid town, and diftant from each other, for
houfes of public worfhip : And whereas, the fame hath not been fully carried into
effect, and inafmuch as the free and uncontrouled exercife of religious worfhip is
among one of the greateft bleflings which a free people can enjoy,
II. Be it therefore further enabled by the authority aforefaid, That the truftees -of A lot to be fet
the aforefaid town of Augufta be, and they are hereby authorized and required to aPart<j™;ahouii-
appropriate one of the public lots within the faid town, to contain at leaft one acre ftup.
of ground, and to be fituated as conveniently as may be to the inhabitants thereof,
for a houfe of public worfhip to the Divine Being, by whofe bleffing the independence
of the United States has been eftablifhed ; and that the faid truftees do, by proper Vefted In truf-
deed of conveyance, convey unto Cornelius Dyfart, Samuel Tack, Dennis Smelt, tees . ■■A£gu«a
''■' J ' J ' ' meeting houfe.
Ifaac Herbert, James rearre, John Springer and Mofes Waddel, and their fucceffors
for ever, the aforefaid lot of ground for the fole ufe of the aforefaid inftitution.
III. And be it further enabled. That the faid Cornelius Dyfart, Samuel Jack, incorporated,
Dennis Smelt, Ifaac Herbert, James Pearre, John Springer and Mofes Waddel fhall
be, and they are hereby declared to be a body corporate, by the name and ftyle of
" The Truftees of the Augufta Meeting Houfe," to have and to ufe a common feal,
with power to fue or be fued, plead or be impleaded, and may acquire, have, hold
and enjoy real and perfonal property for the ufe and benefit of the aforefaid corpo-
ration. IV.
. ■
58S ' DIGEST OF THE
A. D. 1796. IV. And be it further enabled, That all vacancies which may happen in the fairl
No. 545. corporation by death, resignation or otherwife, in the recefs of the legiflature, fhall,.,
to°be filled. anQ< may be filled by their own body, until the meeting of the next legiflature there-
after.
V. Whereas, the aforefaid town of Augufta hath lately fuftained confiderable injury
by the inundation of an extraordinary flood of water in the Savannah river, and
which was confiderably heightened on account of the direction of the current im-
Truftees of Au- mediately againft the town ; for remedy whereof, Be it enabled by the authority afore-'
eredato"eftablifti fa^> That it fhall and may be lawful for the truftees of the aforefaid town of Au»
a lottery, for e- gufta, to eftablifh a lottery, within eight months from and after the pafling of this
the riverV a&j under fuch fcheme, regulations and reftriclions as the faid truftees may deem
moft expedient, fully to effect the end of erecting and completing one or more fuf-
ficient pier or piers, in fuch part or parts of the river as will, in their judgment,
moft effectually divert the current of the fame from off the faid town ;, Provided,,
That fuch piers fhall not obftruct the navigation of the faid river.
Thomas Cum- VI. And be it further enatled,. That the executive appointment of Thomas Cum-
ming's appoint- m\n„ £fq as one 0f tne truftees of the town of Augufta, in the room of Tohn
ment as truftee, Q* ~ .
confirmed; 3 Milton, Efq. refigned, be, and the fame is hereby ratified and confirmed ; and that
others appoint- ^y^gj^ jones> Samuel Jack and Auguftus Baldwin, Efqrs. be,, and they are here-
by added to the lift of truftees for the faid town of Augufta.
THOMAS STEVENS, Speaker of the Houje of Repvefentatives*. .
BENJAMIN TALIAFERRO, Prefident of the Senate..
Concurred, February 18, 1796.
JARED IRWIN, Governor.
Mo. 546. An Acl to repeal an afl for infilling penalties on, and confifcating the efates of fuch,
perfons as are therein declared guilty of treafon,and for other purpofes therein- mentioned^
fofar as relates to the banifhment of John Mulryne TattnalL
February 18, 1796.
No. 547. An AH tofecure to Stephen Powell for the term of ten yearsy the
fole and exclufive right of building a bridge over the river Oge-
chee^ near the town of Loui/ville.
Stephen Powell I. f[3 % lt enabled by the fenate and houfe of reprefentatives in. general ajfembly met>
-exclufive right H j an£ fa ^e aU{frorJiy 0f the fame, That the faid Stephen Powell, his heirs and
or erecting a ~TT~^ y j > j > ... „:
bridge over O- affigns, fhall have the fole and exclufive right of erecting a good, complete and
gechee. fubftantial bridge, capable of fuftaining all carriages in common ufe, on or before
the firft day of Auguft, in the year of our Lord one thoufand feven hundred and
ninety-fix, and rebuild when neceffary, or keep the faid bridge in good and fuffi-
cient repair ; Provided, That the faid bridge fhall not be £0 conftrucled as to impede
the navigation of the faid river.
II>
LAWS OF GEORGIA. 589
H. And Be it further enabled by the authority af ore/aid, That in cafe the faid bridge A. D. 1796.
fhall not be erected within the time herein before mentioned, or being fo erefted No- -547-
and completed, fhall not be kept up in good repair, (allowing a reafonable time, feited.
not exceeding three months at any one time, for repairing and re-building) the pri-
vilege of right of the faid Stephen Powell, his heirs and affigns, on failure of either:
the foregoing provifoes and conditions, fhall ceafe and be wholly void.
III. And whereas , for promoting and encouraging. fo laudable an undertaking, it:
is neceffary to afford every fecurity in the power of the legiflature to grant j,,
Be it further enabled, That the faid Stephen Powell, his heirs and affigns fhall, Rates of tell-rc--
and may legally demand and receive, during the faid term of ten years, a toll in ceived"
the following manner, that is to fay: Forevery loaded waggon and other four wheeled
carriage, fifty cents ; for every empty waggon, twenty-five cents ; for every loaded:
cart or other two wheeled carnage, twenty-five cents ; for every empty cart or dray,
twelve and an half cents ; for every man and horfe, fix and one-fourth cents; for
afoot pafTenger, three cents; for every rolling hogfhead drawn with two horfes,
twenty-five cents ; for every rolling hogfhead drawn with one horfe, eighteen and
three-fourths cents ; for all black cattle per head, one cent j for. hogs, fheep and
goats, one cent, and no more.
THOMAS STEVENS, Speaker of the Houfe of R'eprefentatives..
BENJAMIN TALIAFERRO, Pref dent of the Senate.. .'. 1
Concurred, February 18, 179.6. >...,.
JARED IRWlNj Governor.
An Acl to extend the authority of the mayor and aldermen of Savannah no. j4g.
to have jurifdiclion of civil caufes to a certain amount.
WHEREAS, it would greatly promote the welfare and advantage of the city Preamble.,
of Savannah and the inhabitants, to grant to, the corporation thereof . the-
power of holding, courts for the trial of caufes to a certain fixed amount :
I. Be it therefore enabled by the fenate. and houfe of reprefentaiives of the State of Corporation of
Georgia in general ajfcmbly met, That it fhall be lawful for ,the mayor and aldermen of.. f'avannah--their
the city of Savannah, and they are empowered at any time' after- the pa.ffing.--of ■ this tended to the
act, to hold courts once in every month throughout the vear, to appoint fuch officers trJal. of civil
1 1 rr i-ri i>t r ' y 1 r cauies to a cer-
as they may deem necellary, and to lettle and allow reafonable fees not exceeding one tain amount..
half tfie fees allowed for like fervices in the inferior courts in fuits cognizable therein ; .
and to have iurifdicftion of, a^d to hear and determine all civil caufes not involving
the right or title to any land or real eflate arifing within the jurifdiclion of. the cor-
poration, fo as the demand in fuch fuit or action do not exceed fifty dollars ;■■ and to
give judgment, and award execution therein, according to law. Provided, That if,
any party to a fuit fhall feel him, her or themfelves aggrieved, by the decifion of the •
faid courts,, it fliall be lawful for fuch party -to enter ?n appeal within three days after
fuch trial ; firfl paying allcofls which may have accrued on the faid trial, and giving
Efficient fecurity to abide and perform the fentence of the court at the trial of. the
appeal \
:^o
DIGEST OF THE
A. D. 1796. appeal ; and all appeals from the decifion of the faid. courts fhall be tried .on .the .next
No. 548. court day fucceeding fuch trial by a jury of feven men, wliofe verdic\- fhall be final.
7'he manner of . II. And he it further enabled, That the faid mayor aiul aldermen fhall have power,
anndin^'urors to draw, and impannel jurors for the trial of appeals, who fhall be refident within
their jurifdiclion, and fhall be qualified and liable to ferve on petit jurors, to caufe
them to be fummoned, and to fine them for non-attendance or other mifconducl:, in
fuch manner as they may thinlc proper, not exceeding ten dollars ; and fhall have
power to award execution for fuch fines, and caufe the goods of the ;perfon incur-
ring fuch fines to be fold by virtue thereof. ■..]'.■
Mode of. pro- III. And be it further enabled, That the faid mayor and aldermen or any of them,
cee lng' may, on complaint made by any feaman or feamen for non-payment of their" wages, or
by any other perfon for the non-payment of any debtor fum of money, or of any,
damage not exceeding fifty dollars as aforefaid, to iffue a warrant . directed to any
conftable of the city to fummon or arreft the defendant, (if required agreeably to,
law) and to fummon all witneffes required by either party, to appear at the court'of
aldermen on fuch a day as fhall be therein appointed ; which fummons, with a.: true
copy of the petition annexed, fhall he ferved on the defendant ten days before the
fitting of the court. ::
How to proceed IV. And be it further enabled, That the court, of aldermen, or either of them,
on charges ^jx may i{rue warrants to apprehend perfons guilty or charged with any crime or breach
of the peace, and after examination may, if neceffary, -commit fuch perlbn to gaol,
or bind him over to appear at the next fupevior court for trial ; at which time the
proceedings of the faid court of aldermen, with refpett to fuch culprit, ill all be laid
before the faid court.
To be governed V. And be it further enabled,' That the faid mayor and1 aldermen fhall, in all judi^
by the judiciary ^j proceecjmgS) have reference to, and be governed by the laws of force in this
court of record. State for regulating the judiciary proceedings thereof: And the. faid court of aiders-
men is declared to be a court of record, and any perfon neceiTarily going to, being
at, or returning therefrom, fhall be free of arreft or any civil fuit.
THOMAS STEVENS, Speaker of the Houfe ofReprefentatives.
BENJAMIN TALIAFERRO, Prefdent of the Senate.
Coucurred, February 1 8, 1 796.
JARED IRWIN, Governor.
No. 549. An AB to pardon William Lejeau, under fenience of death in the county of Chatham, anc
for other purpofes therein mentioned.
February 18, 1796".
Private.
No. j jo. An Atl to enable the trujiees of the White Bluff congregation, in the county of Chatham,
to fell and convey a certain trabl of land.
February 18, 1796.
Private. ^n
LAWS OF GEORGIA.
59l
An AH to appropriate the 'vacant lots In the toivn of Ebenezer, for the A. D. 1796.
purpofes of er effing a court houfe and gaol, and for thefupport of an '' 55I#
academy in the f aid toivn, and to appoint commiffioners for the fame.
I. "^ E it enacted by thefenate and houfe of reprefentatives of the State of Georgia in general Commiflioncrs
JQ ajfembly met, and by the authority thereof That Jeremiah Cuyler, John G. °^ee£ezerap"
Neidlinger, Jonathan Rawhn, Elias Hodges and John Martin Dafher, {hall be, and
they are hereby appointed commiffioners for the town and common of Ebenezer, in
the county of Effingham ; and that the faid commiffioners or a majority of them mall A planofrefur-
have full power and authority (after having given three months public notice thereof ^y^e recorded
in the gazette of Savannah, and at three or more public places in the county afore- in the furveyor
faid) to furvty, or caufe to be furveyed and laid out, the faid town of Ebenezer, as b
nearly as poffible in conformity to the original plan thereof; which, furvey fhall be
recorded in the furveyor's office of the faid county, and likewife in the furveyor.
general's office.
II. And be it further enabled, That the faid commiffioners or a majority of them Empowered to,
fhall have full power and authority to fell at public vendue to the higheft bidder, at L cer s'"
fuch time or times, place or place3> as they may direct, all or any of the lots in the
faid town which are vacant, or have by any other manner become vefted in the State> ,
(except fuch as have been referved, or as the commiffioners may think proper to re-
fervej for public or county ufes; Provided, That the faid commiffioners fhall firfl
give thirty days public notice of fuch fale or fales in the Georgia gazette, and in three
or more public places in the faid county; and the monies arifing from the fale of The monks to
fuch lots fhall be applied to the building a court houfe and gaol in the faid county of uf/of the court
Effingham ; and if a balance fhould remain, it fhall be applied to the fupport of an houfe and gaol
academy within the faid county, under the direction of the commiffioners of the aca-
demy in faid county. And the commiffioners herein before named, are required to ,
pay over to the commiffioners of the academy whatever balance may remain in their,
hands after building the court houfe and gaol as aforefaid.:.
III. And be it further enabled, That the commiffioners appointed by this law • fhall', To account-
within three months after each fale, make return to the treafury of the number of Wlt^ *e tr«afu*
lots fold, and the prices of each, and fhall' make yearly returns to the treafurer of .
the monies expended by them about the buildings aforementioned'..
IV. And be it further enabled, That the commiffioners herein before appointed frcall,' To give bond
before they enter on the duties of their appointment, give bond with fecurity to the andfecuntyand
juflices of the inferior court of'the faid county, in the fum of thirty pounds each;
and fhall likewife take and fubferibe the following oath, to wit :
" I, A. ft. do folemnly fwear or affirm as the cafe may be, that Twill faithfully The oath.,
difcharge the truft repofed in me to the beft of my abilities and underftanding. So. .
helpme.God."
THOMAS STEVENS, Speaker of the'Houfe of Reprefentatives.
BENJAMIN TALIAFERRO, Prefdent of the Senate, ;
Concurred, February 18, 1796.
JARED IRWIN, Governor*. An „
£$»
DIGEST OF THE
A. D. 1796. An AB to divorce or feparale Ichabod Bulheley and Margaret his wife, and for proteBing
No. 55 2. each cf them in tfcir refpeBive eftates*
February 18, 17.96.
Private.
No. 55%. An Acl to relieve the heirs of Francis Maria Loys Dumoufay de la
Vave^ the heirs of Hyacinth de Chapadelanc and Chrijlopher Poulain
DubignoK*
Preamble. "Ikll' T"HEREAS, it hath been reprefented to this general affembly, that Nicholas
\ \ Francis Mazon de la Ville Houchet, a Frenchman, late of the county of
Glynn, in this State, purchafed at tax collectors fales the ifland called Jekyl, on
the fea coaft ; in the county and State aforefaid, that he afterwards fold and convey-
ed one fourth part of the faid ifland to Francis Maria Loys Dumoufay de la Vave ;
. one fourth part to Hyacinth de Chapadelane, and one other fourth part to Chrifto-
pher Poulain Dubignon, in fee fimple •, referving the remainder to himfelf; that the
deeds of conveyance for the faid property were fent in a vefTel to France for the
purpofe of obtaining a renunciation of dower from the wife of the faid Ville Hou-
chet ; that the faid vefTel being chafed by an enemy, the deeds before mentioned
with the other papers of the fhip, were thrown overboard and entirely loft ; and
that there is no method prefcribed in the laws of this State, whereby the faid deeds
-may be eftablifhed :
In -what man- I. Be it therefore enacled by the fenate and houfe cf reprefentatives of the State of
certain left' Georgia in general affembly mety That it fhall and may be lawful for the fuperior court
deed* for lands of the faid county of Glynn, at the fecond term of the faid court, or at any term
on je y 1 an . thereafterj after jjjg palling of this act, to fummon, hear and examine all witneffes,
at the inftance of either or any of the parties, touching and concerning the premifes,
and to take their depofitions in writing, and to certify the fame under he hand of
the judge prefiding; Providedy That the party applicant fhall publifh in the Georgia
gazette the intended application to the fuperior court, under and by virtue of this
act, at leaft three months before fuch examination fhall take place ; And providedy
all examinations of witneffes, in relation to the deeds before recited, fhall be taken
in open court, in prefence of the grand jury of the county, and be alfo certified
under the hand of the foreman thereof; and if the teftimony adduced fhall appear
to the court and- to the grand jury, unequivocal and fatisfaclory, that fuch deeds
did exift, and were loft in manner herein before recited, then the judge fhall direct
. the clerk, by an order under his hand, to record the depofitions fo taken and certified
as aforefaid, in his office ; which depofitions fo recorded, fhall and may be given in
evidence in any court of law or equity, and fhall avail for the benefit of the perfons
herein before recited, or their heirs or affigns, or of all perfons claiming under them,
as much as the fame can or ought to avail ; and it fhall be lawful for the clerk of the
faid
LAWS OF GEORGIA.
593
faid court to record the copies of the faid deeds if they fhould be produced and A. D. 1796.
proved, to be true copies, before the faid court and grand jury in manner aforefaid. No> 553-
Provided, That nothing in this act contained, fhall be conftrued to extend to affect Provifo.
any right the State may have to any part or the whole of the property in the faid
deeds in this law mentioned, or the right of any other perfcn or perfons whatfoever.
THOMAS STEVENS, Speaker of the Houfe of Reprefentatlves*
BENJAMIN TALIAFERRO, Preftdent of the Senate.
Concurred, February 19, 1796.
JARED IRWIN, Governor.
An Ac~l to lay off a new county out of part of the counties of Burke no. SS4.
and Warren, jor dividing the county of Wilkes, and for other pur-
pofes therein mentioned.
BE it enabled by the fenate and houfe of reprefentatives of the State of Georgia in general A new county
affembly met, and it is hereby enacted, That a new county fhall be laid off out BurkeU&°War-
of part of the counties of Burke and Warren, in manner and form following, to wit : ren.
Beginning at Hargrave's bridge, on the river Ogechee ; from thence running in a its boundary,
direct line to Pigg's old field; thence in a direct line to Ballard's mill; thence in a
direct line to the Chickafaw bridge or ford on Brier creek; thence up the ftream of
the faid creek to Harris's bridge ; thence in a direct line to the mouth of Big creek,
where it makes a confluence with the river Ogechee, aforefaid; thence down Oge-
chee to the weftern line of the Big furvey ; thence acrofs Ogechee river a direct line
to run to the mouth of the firft branch above Vivion's bridge, on Wrilliamfon's
fwamp ; thence acrofs faid fwamp in a direct line to where the Sunbury road ftrikes
the Montgomery line ; thence down the faid road to the Harricane ; thence along
the -faid Harricane eaftwardly to Williamfon's fwamp ; thence down the faid fwamp
to Reubin Hargrove's bridge, the place of beginning ; which county fhall be called Called Jefferfon.
and known by the name of Jefferfon.
II. And be it further enabled, That Richard Grey, of Warren county, be, and he The L'nes to be
is hereby appointed, authorized and required to run and plainly mark out the lines Ful1'
herein before defignated ; and that the juftices of the inferior court to be appointed
for the faid county of Jefferfon, be, and they are hereby authorized to levy a tax on
the people of the faid county for defraying the expence thereof, as well as for the
building a court houfe and gaol in the faid county ; which tax fhall not exceed one
fixth part of the general tax of the faid county.
III. And be it further enabled, That Michael SheJman, John M. Sterret, Chefley CommiflSoners
Boftwick, junior, Tohn Barron and "John Parfons, fhall be, and they are hereby ,of ;1;e J0""
1 -rr r r> • r ■ r ■ i hcufe and gay 1.
appointed commiffioners for erecting a court hcufe and gaol as arorelaid ; which
faid commiffioners or a majority of them, fhall have full power to contract for, the
building and completing the fame.
IV. And be it further enabled, That the permanent feat of public buildings in the Wafiilngton co.
county of Washington fhall be in the town of Sanderfville, it being the place where fo^of bT^'
the court houfe «nd gaol of faid county do at prefent ftand. buildings.
4 F V,
594
DIGEST? OF THE
A. D. 1796.
Na. 554
Jofteifnn. Courts
ami el(-<ftiiiiis tube
held in Louifville.
Entitled to one
representative.
Warren county
—other com-
miflioner*
pointed.
Lip-
A new county
to he laid out of
Wilkes.
Its boundary.
Called Lincoln.
Commifiioners
•of court houfe
and gaol.
Courts — where
to be held.
Inferior court —
to levy a county
tax.
V". And be it further enabled, That the place of holding courts and elections for
the county of Jefferfon, {hall be in the town of Louifville, in the houfe of Jofeph
Cheers, until a court houfe (hall be erected as aforefaid.
VI. And be it further enaftedy That the faid county of Jefferfon, fhall be allowed
one* member to reprefent it in the general affembly, to be taken from the county
of Warren. .
VII. And be it further enacted by the authority aforefaid) That fo much of the act
palled the laft feflion of the general aflembly, fo far as refpects the appointing of
commifiioners for fixing on a fpot for a court houfe and gaol in the county of Warren,
be, and the fame is hereby repealed ; and that Stephen Mitchel, John Watfon, Solo-
mon Slatter, Jefie Bunkley and Adam Jones, are hereby nominated and appointed
Commifiioners in their room for the purpofe aforefaid, and to execute all and every
power which the law hath veiled in thofe heretofore named ; and that a determina-
tion of the faid commifiioners or a majority, fhall be binding in all cafes refpecting
the powers granted to them for fixing on a fpot for erecting a court houfe and gaol
within the faid county of Warren; and that the courts and elections of faid county
be at the houfe of Sterling Gardner, until the public buildings be completed as
aforefaid \ any law to the contrary notwithstanding.
VIII. And be it further enabled by the authority aforefaid^ That one other new
county fhall be laid out from the county of Wilkes, in the following manner and
form, to wit : Beginning at Rae's mill, on Little river* running a direct line ; from
thence to Zimmerman's, on the road leading fromthe town of Wafhing-
ton to Barkfdale's ferry, on Savannah ; from faid Zimmerman's a direct line to
Drury Cade's mill, on Broad river ; from thence down Broad river to its mouth ;
thence down Savannah river to the mouth of Little river -, thence up Little river to
the beginning ; which faid county fhall be called and known by the name of Lincoln.
IX. And be it further enaffed, That Henry Ware, Thomas Commander Ruffel, John
Walton and Thomas Murrayf be, and they are hereby appointed commifiioners for
fixing on a proper place for building a court houfe and gaol for faid county of Lin-
coln, which fhall be as nearly in the center thereof as pofiible ; and until fuch public
buildings are completed, the courts for faid county fhall be held at the houfe of
Jofeph Stovall, on Soap creek.
X. And be it further enacled, That the juitices of the inferior court of the faid
county, to be hereafter appointed, fnall be, and they are hereby authorized and em-
powered to levy a taxj on faid county of Lincoln ; which tax fhall not exceed one
half the general tax j and the faid juftices are hereby further authorized and empow-
ered to contract: with fome perfon or perfons, to build and completely finifh the
aforefaid public buildings, on fuch plan, and in fuch manner as they may direct ;
taking care to lake bond and fuflicient fecurity of- fuch undertakers, in double the
amount to be paid for fuch public buildings, for the faithful performance of their
duty.
XL
* Representation to be according to enumeration. See conftitution of 1 798.
f Other commiffioners appointed by adt of 1798, No. 620.
t See ad of 1796, No. 555, refpedting county tax.
LAWS OF GEORGIA.
S9S
XI. And be it further etiaBed, That all fuits that have been commenced in the A. D. 1796.
county of Wilkes, where the defendant fhall be an inhabitant of faid county of Lin- Sujts°aeafnft
coin, (hall be removed to faid county of Lincoln, without any additional coils, fo peribns therein,
foon as the courts for faid county (hall be properly organized. "^d °f> e
XII. And be it further enaBed, That the faid county of Lincoln fliall be allowed Entitled to one
one* member to reprefent them, out of the number allowed by the constitution to rePrefentatlve-
the county of Wilkes.
XIII. And be it further enaBed, That the furveyor of the county of Wilkes is Thelines— how
hereby directed and required to run and plainly mark the lines describing the afore- ° c run'
faid county of Lincoln from Wilkes county, for which fervice he fliall be allowed
the fum of twenty-one dollars, to be levied on, and collected from the county of
Lincoln, under the direction of the county court thereof.
THOMAS STEVENS, Speaker of the Houfe of Reprefentaiives.
BENJAMIN TALIAFERRO, Preftdent of the Senate..
Concurred, February 20, 1 796.
JARED IRWIN, Governor.
* Reprefentation to. be according to enumeration. See conftitution of 1798.
An AH for building and keeping in repair the court houfes and gaols no. 555.
in the refpeclive counties ivithin this State-, and for the fupport of
the poor.
■
BE it enaBed by the fenate and houfe of reprfentatives of the State of Georgia in Court houfes
general ajjimbly met, and by the authority of the fame, That from and after the £ao1* &c-— *e
palling of this act, the juftices of the inferior courts of every county within this State, keepingrhem in
in their refpeclive counties fhall caufe to be erected and kept in good repair, (or where repair, upder the
the fame fhall be already built) fhall maintain and keep in good repair, at the charge inferior courts.
of fuch county^ one good and convenient court houfe, of ftone, brick, or timber ; and
one fufficient gaol, with the neceffary apartments for the fafe keeping of criminals and.
debtors, well fecured with iron bars, bolts and locks, and fliall caufe tp be erected,
contiguous thereto, one pillory, whipping-poft and ftocks.
II. And be it further enacled by the authority afore/aid, That the inferior courts in- They have alfo
each county fliall have full power and authority at all times to enquire into the conduct thefrperimend-.
,n r t • t ■ c\- • 1 r. ance of the itate
of gaolers and tne Itate of gaols in their respective counties, and on neglect of duty of die gaols,
to caufe fuch gaolers to be removed by an order to. the fherifF for that purpofe ; and condudl of gaol.
the faid courts fhall alfo have full power and authority to. call on all perfons, their coyery of all
heirs, executors or adminiftrators in their respective counties, who have had or may ,"oumy ^enisV
have county monies in their hands, collected for the exprefs purpofe of building court
houfes and gaols or for any other county purpofes whatever j and in cafe of neglect
or refufal to pay the fame, the faid court fliall, and are hereby required to caufe exe*.
cutions to be iflued. for the full amount appearing to be due,, m the fame manner as,
596 DIGEST OF THE
A. D. 1796. the treafurer is authorized, by law to iffue executions againft the defaulting collectors
No. 555. of taxes in the different counties; and fuch monies when collected, may be applied
by fuch court, to the ufes and purpofes of building and repairing court houfes and
gaols.
The inTeiior III. And to enable the juflices of the inferior courts to carry the intention of this
ercd StoC levy a a<^ ^ty 'n£0 effect, Be it further entitled. That the. faid county courts be, and they
county tax for are hereby authorized and empowered to levy a tax on their refpective counties;
houi'es & eaol?, which tax, it fliall be the duty of the collector of the general tax to collect, and pay
the poor, and into, the hands of the clerks of fuch courts, he firft giving bond with approved fecu-
buildinz bndtrss , 00 sru
rity to fuch court for the faithful collection and payment of the faid tax, at any time
he fliall or may be required by the faid courts fo to do : Provided always, That the
tax to be levied by fuch courts as aforefaid, fhall net exceed one fourth part of the
general tax ; which faid monies fo afleffed and collected as aforefaid, fliall be fubject
to the Order of the county courts, one half to be applied to the ufes and purpofes
aforefaid, and the other to the fupport of the poor and building bridges ; and the
collectors fliall be allowed the fame commhTions and fees for fuch, collection as is al-
lowed by law for the collection of the general tax, and fhall be liable to the fame fines
and forfeitures for any default, neglect or improper conduct. ; which faid fines and
forfeitures may be impofed by the county court of each county at their difcretion.
All fines & for- IV. And be it further enabled, That all monies that now are or may hereafter come
feituresandmo- jnt0 tjie hands 0f the clerks of the fuperior or inferior courts, by fines or forfeitures,
niesarifingn'om _ L J f ■■ ■
fales of eftrays and all monies arifing from the fale of eftrays, are hereby made liable and fubject to
to be appropn- ^ draught or order of the feveral county courts, to be appropriated and appliedas
manner. aforefaid, either in the building or repairing court houfes and gaols, or to the fupport
of the poor and building bridges, at the difcretion of fuch courts.
Bryan county y# ^n^ le it further enabled, That from and after thepaffmg of this a£t, the place
ere&irig the for erecting a court houfe and gaol in the county of Bryan, fhall be at the crofs roads
court houfe and aD0Ut two miles from the Ogechee bridge, and until the fame can be completed, the
' courts fhall be held at the White oak plantation.
ah former laws VI. And he it further enabled, That all. laws, or parts of laws, claufe or claufes,
county courts to ie- heretofore made, or fuch parts thereof as authorize the county courts of this State
vy county tax, re- r 1 iir 11 1 1 t» • 1 j
pealed. to levy a ax for county purpofes, be, and the lame are hereby repealed. Provided^
^I°VI °1 That nothing in this act. contained fhall extend or be conftrued to extend to have ope-
fhts act not to o 7 . .
affect the coun- ration in the county of Chatham, fo as to repeal or effecr. any law appointing the
tyo Ciat am. may0r or a]dermen of the city of Savannah, commiflioners of the court houfe and
gaol in the faid county.
THOMAS STEVENS, Speaker of the Houfe ofReprefentatives.
BENJAMIN TALIAFERRO, Prefdent of the Senate.
Concurred, February 21, 1796.
JARED IRWIN, Governor.
No. 556. An Ail for the infpeblion of cotton,
February 21, 1796.
Repealed by an a8 of 1796, No, 576. An
LAWS OF GEORGIA. 597
An Acl for liccnfing and regulating pedlars in this State. A« D- x796-
"HEREAS, great injury hath accrued to the citizens and fair dealers of this
State by unlicenfed itinerant traders called pedlars, going about from
county to county, and draining this State of its circulating coin ; for remedy whereof,
I. Be it enaffed by the fenate and hotife of reprefentatives rf the State of Georgia in general Pedlars — not to
ajfembly met, That it (hall not be lawful for any itinerant trader or pedlar as aforefaid, ceenfgVl
to fell or otherwife difpofe of any goods, wares or merchandize, except fuch itine-
rant trader or pedlar fhall firft produce a licenfe fo to do, from the freafurer of this
State, who is hereby authorized to iffue a licenfe to any perfon or perfons who fhall
apply for the fame, to be an itinerant trader or pedler as aforefaid, on their feverally
paying into the treafury, annually, the fum of feven hundred dollars.
II. Be it further enabled, That if any perfon or perfons whatever fhall, contrary Penalty there-
to the true intent and meaning of this ac"t, fell or difpofe of any goods, wares or or'
merchandize; fuch perfon or perfons fhall, for every fuch offence, forfeit and pay
to any perfon who fhall fue for the fame, the fum of five hundred dollars •, or who
fhall, when thereunto required by any civil officer, neglect or refufe to produce
fuch licenfe as aforefaid for their infpection, fhall for every fuch offence, forfeit and
pay, in manner and form aforefaid, the fum of feventy dollars.
III. And be it further enabled, That in every cafe where fuit fhall or may be com- How to be re-
raenced for the recovery of any fine or forfeiture impofed by this act, it fhall be the
duty of the fheriff to hold the party complained of as aforefaid, to bail, for his
appearance at the next court to which fuch writ is returnable. '
IV. And be it further enabled, That this act fhall not take effect until the firft day PuWic a,a«
of June next.
THOMAS STEVENS, Speaker ef the Houfe ef Reprefentatives.
BENJAMIN TALIAFERRO, Preftdent of the Senate.
Concurred, February 21, 1796.
JARED IRWIN, Governor.
— _^ —_— _
An Acl to raife money for the purpofe of opening and extending the »>. ss%-
navigation of Savannah river, from the town of Augufla to Light-
nvood Log creek, and Broad river, from its mouth to the South fork.
WHEREAS, the extention of the navigation of Savannah river will greatly Preamble.
increafe the value of landed and other property lying on or contiguous
thereto, and is a bufinefs well meriting legiflative aid ;
I. Be it enabled by the fenate and hotife of reprefentatives of the State of Georgia in Lottery autho
general ajfembly met, and by the authority of the fame, That a lottery be, and is hereby named?*11
allowed and authorized, to confift of two clafles, to be known as firft and fecond
clafs, which faid lottery fhall be managed and drawn under the direction of Benja-
min Taliaferro, Robert Watkins, of Peterfburg, Oliver White, William Barnet
and Memory Walker, who are hereby appointed commiffioners for that purpofe.
II.
ers
59%
DIGEST OF THE
A. D. 1796.
No. 5 j 8.
To improve the
navigation of
Savannah river.
The monies to
be depofited in
the treafury.
Commiffioners
appointed — to
jive bond.
II. And be it further enabled^ That all the money arifing from the faid lottery,,
after deducing the expences attending the drawing thereof, amounting to the fum
of four thoufand dollars, be, and the fame is hereby appropriated to, and for the ufe
of opening and clearing the river Savannah, and extending the navigation thereof
from the town of Augufta to the mouth of Lightwood Log creek, and Broad river,
from its mouth to the South fork.
III. Be it further enabled, That the commiffioners aforefaid fhall, within fixty davs^
after the drawing of the faid lottery is completed, depofit the aforefaid fum of four
thoufand dollars, after deducting expences, in the office of the treafurer, from
whence the fame (hall be drawn from time to time by the commiffioners herein after
appointed (or a majority of them) for the purpofe of fuperintending and managing
the opening and clearing the aforefaid rivers, by an order from his excellency the
governor.
IV. And be it further enabled, That Elijah Owens, Thomas C. Ruffell, Robert
Thompfon, Thomas Gilmer, Reubin Jordan and JefTe Saunders be, and they are
hereby appointed commiffioners for the purpofe of fuperintending the opening and
clearing the aforefaid rivers Savannah and Broad river ; who fhall, previous to their
entering on the duties of their appointment, enter into bond with fufficient fecurity,
each in the fum of two thoufand dollars, conditioned for the faithful performance
of their duty, and a due and proper application of all monies that may come into.
their hands for the purpofes aforefaid.
THOMAS STEVENS, Speaker of the Houfe of Reprefentatives,
BENJAMIN TALIAFERRO, Preftdent of the Senate.
Concurred, February 21, 1796'.
JARED IRWIN, Governor.
No. SS9-
Commiffioners
of Brunfwick —
Their powers.
A plat otrefurvey
to be recorded in
the fin-veyor gene-
ral '4 office.
Owners to be
notified in a
public gazette.
An Acl for appointing commiffioners for afcertaining the boundaries of
the toivns and commons of Brunfwick and Frederica, in the county
of Glynn.
1. 3 E it enabled by the fenate and houfe of reprefentatives of the State of Georgia in
JL3 general affembly met, and by the authority of the fame. That George Purvis,
Richard Pritchard, Mofes Burnett, John Piles and John Burnett, be, and they are
hereby appointed commiffioners for the town of Brunfwick, and they or a majority of
them, fhall have power to lay out, or caufe to be laid out, the town of Brunfwick
aforefaid, as nearly as poffible to the original plan thereof, and caufe the ftreets of
the fame to be opened, and the lots plainly marked or flaked off; and fhall alfo caufe
the commons of the faid town to be re-furveyed, and an accurate map thereof, toge-
ther with a plan of the faid town, returned to the furveyor general's office within two
months after the paffing of this act, there to be put upon record.
II. And be it further enacled, That the faid commiffioners fhall, immediately
after the faid town and commons fhall be fo laid off, advertife the fame in fome one of
the
LAWS OF GEORGIA.
599
the public gazettes of this State, for nine months, giving notice to all holders or A. D. 1796,
owners of lots, in the faid town of Brunfwick, to make a return thereof to the No- J59.
faid commiflioners, fpecifying the number or numbers of lots fo held or claimed ;
which faid owners fhall pay for each lot fo held or claimed by him, her or them, the
fum of one dollar, which mail be applied towards paying off the expences that may
accrue in laying out and afcertaining the fame.
III. And be it further enabled, That all lots that fhall not be returned to the faid Ceruinlotsmay
commiflioners, within the term of nine months as aforefaid, (hall be by the faid e ° '
commiflioners advertifed for fale, giving fix weeks notice thereof in the public gazettes
of the faid State, one half of the purchafe money to be paid down, and the remain- The monies—
der in twelve months thereafter, the purchafer or purchafers giving bond with mort- £VV° ap"
gage on the faid lot or lots fo purchafed, for the payment thereof ; and the monies
arifing from fuch fale (hall be applied to the fupport of an academy or feminary of
learning in the county of Glynn, except fo much thereof as may be neceflat-y to
defray a part of the expences in laying off the faid town and common,
IV. And be it further enabled, That the commiflioners fhall have power to rent or The comm<m
leafe the whole or any part of the faid commons* of Brunfwick, as to them may be ma? leafecL
deemed heft for the fpeedy fettlement of the faid town of Brunfwick.
V. And be it further enabled, That John Cooper, William M'Intofh, James Har- Coremiffioners
rifon, James Moore and William Clubbs be, and they are hereby appointed commif- ° re etica'
fioners for the town and commons of Frederica, who fhall have the fame power,
and be under the fame regulations as the commiflioners appointed by this act for the
town and commons of Brunfwick.
VI. And whereas, fevcral perfons have at fundry times made attempts to run up Perfons attemp.
the commons of the faid towns, but have been as often defeated, in the caveat courts !l"e'f '" furve5'"
* * tne town corn-
of the faid county, by the exertions of fome of the proprietors of the faid towns of mon of Brunf-
Brunfwick and Frederica : Be it enacted, That any perfon or perfons who may attempt n-Cj fubjetf; to
to run any part of the faid commons or towns of Brunfwick or Frederica, under any fine<
pretence whatfoever, fhall be liable to a fine of five hundred dollars, to be recovered
in the fuperior court of the faid county, by the commiflioners or any other perfon
or proprietor of any lot or lots in the faid towns, which faid money fhall be applied
one half to the ufe of the academy, and the other to the perfon or perfons fuing for
the fame, and all furveys heretofore made and grants furreptitioufly obtained, are Survey? thereof,
hereby declared null and void, and any perfon or perfons taking pofieflion by virtue declaretl V01f1'
of any furvey or grant as aforefaid,, fhall be liable to the aforefaid fine, to be recovered
in manner aforefaid.
VII. And be it further enacled ', That all laws heretofore pafled, appointing com- Repealing ciaufe.
miffioners for the towns and commons of Brunfwick and Frederica, be, and the fame
are hereby repealed.
THOMAS STEVENS, Speaker of the Houfe of Reprefentatives.
BENJAMIN TALIAFERRO, Prefdent of the Senate.
Concurred, February 21, 1796. %
JARED IRWIN, Governor. An
* The commiflioners authorized to fell a part of the town common by 26I of 1797, No. 606.
6oo' DIGEST OF THE
A, D.i 796. An Aft to regulate the manner of keeping public accounts within
°" 5 °' ■ this State.
Public accounts I. ~\ E it enabled by the fenate and honfe of reprefentatives of the State of Georgia in
prcffed in dol- 1 v general affembly met., and by the authority of the fame, That from and after the
lars &c. firfi: day of March, one thoufand feven hundred and ninety-fix, all accounts in the
public offices, and all the accounts of the tax collectors of this State, (hall be expreffed
in dollars or units, difmes or tenths, cents or hundredths, and milks or thoufandths ;
a difme being the tenth part of a dollar, a cent the hundredth part of a dollar j a mille
the thoufand th part of a dollar.
Verdi&s of ju- II. And be it further enabled, That the verdicts of all juries on all contracts which
pl"ff7d°ine like W& be made a^ter tiie firft day of March next> fazll be expreffed conformable to this
manner. regulation.
THOMAS STEVENS, Speaker of the Houfe of Reprefentatives.
BENJAMIN TALIAFERRO, Prefdent of the Senate.
Concurred, February 11, 1796.
JARED IRWIN, Governor.
no. j6i. An Acl to repeal a ctaufe of an acl, entitled " An ac~l appropriating
money for the year one thoufand feven hundred and ninety-five."
That clavifs of I. O^ E it enabled by the fenate and houfe of reprefentatives of the State of Georgia in
emtowerin ? fa- fj general affembly met, That fo much of the acl entitled " An aft appropri-
reigners refid- ating monies for the year one thoufand feven hundred and ninety-five," as is contained
to hold land re- m a'claufe thereof, in the words following, to wit : " Be- it enabled, That any foreigner
pealed. firft becoming a refident of this State, may by deed or will hereafter to be made, take
and hold lands within this State in the fame manner as if he was a citizen of this State,,
and the fame lands may be conveyed by him, and tranfmitted to, and be inherited by
his heirs and relations as if he and they were citizens of this State ; Provided, That
no foreigner fhall, in virtue hereof, be entitled to any further or other privileges of a
citizen^ And provided, That nothing herein contained fhall extend or be conftrued to
extend to authorize the governor to grant lands to any other than citizens of this or
the United States j" be, and the fame is hereby repealed.
The laws prohi- II. And be it further enabled, That the laws heretofore of force, prohibiting foreigners
ciar'eVto'b^in from holding real eftate, fhall be confidered and are hereby declared to be of full force,,
force. power and effect.
THOMAS STEVENS, Speaker of the Houfe of Reprefentatives.
BENJAMIN TALIAFERRO, Prefdent of the Senate.
Concurred, February 22, 1796.
JARED IRWIN, Governor.
An
LAWS OF GEORGIA. 60s
An Acl to organize the militia in the feveral new counties of this A. D. 1 796*
CTo *• ' ^0. J02'
State.
L ^E it enabled by the fenate and houfe ofreprefentatives-in general affembly met) The commiilj--.
£ J and by the authority of the fame, . That the com millions of all officers in the t°hene\v counties
new counties, {hall be, and they are; hereby declared, to be nulli and void, from and made void.
im'mediately after new elections fhalL' have taken place therein ; and his excellency The governoc
the governor is hereby authorized and required, within two months, to organize the ^iii^h^tr-ofd
militia in the new counties of Bullock, Jackfon, Jefferfon and Lincoln, into regi- counties.
ments, -battalions and companies,., agreeably, to an aft palTed at Augufta, to revife
and amend the militia law of this State, and adapt the fame to the aft of -the con-*
grefs of the United States,, pafled the eighth day .of . May, one thoufand feven hun- . .
dred and ninety-two.
II. And be it further enabled. That for the general convenience of the citizens, The new coun-
and more equal arrangements of the divifions. and -brigades, that the counties of Bul> ^nm\ brigades
lock and JefFerfon be, and they are hereby added to the fecond brigade of the firlt
divifion; and the county of Lincoln, to the firft brigade of the third divifion ; and the .
county of Jackfon to the fecond brigade of the third divifion. .
Ill; And bs-k further enabled, ..That the officers of the militia in, the. firft brigade in Negroes -or co-
the firft divifion, fhall be authorized and empowered, , in their refpeftive patrol dif- f°ns fr^" ^"^
tricfts to apprehend any negro, muftee or mulatto, freeman or freemen, Have or fiaves, Weft India cr
who fhall hereafter arrive in any port of this State from any of the Weft India or .-__;„ what man-
Bahama iilands, and to keep fuch muftees, negroes, or - mulattoes in clofe and fafe ner to-be treated
cuftody until they can be examined before the corporation of Savannah, or any three
juftices of the peace for any of the counties lyingjn.the faid divifion,; who are hereby
authorized to caufe fuck freeman or freemen, Have or flaves, to be exported at the
expence of the importer or owner, which fuch importer or owner is hereby made lir
able for, as well as for the expence of apprehending or keeping fuch per fans.
THOMAS STEVENS,. Speaker of the Houfe ofReprefentatives..
BENJAMIN TAI J AFERRO, Prefdent of the . Senate.
Goucurred, February 22, 1796,.
JARED IRWIN, Governor*
Ait Aft toraife ' a tax for the fttpport of government for the yeanofu * thoufand fetien "hundred No. 563.
and ninety fix. .
February 22, 1 796.-
An Acl l to ><vejl further poiverin the inferior courts of this: State, re* N0..564.
fpe cling the fees ofjheriffs and gaoler \r.-._
WHEREAS, fun dry applications are yearly made to the , legifkture of this
State, by fherifFs and gaolers,, for fees which are unpaid, and which greafly
impede the progrefs of legiflative deliberations^
4..G, VL
6o2 DIGEST OF THE
A.D. 1796. I. Be it enabled by the fen ate and houfe of reprefentati<ves of the State of Georgia in
No. 564. general afjembly met, and by the authority of the fame, That the inferior courts of the
courts, required feveral counties in this State, are authorized and required to levy annually, a county
to levy sounty tax equal to the amount of all fees which are due, or that may become due and
tux *~o cLCtrtW
giot-rs fees ami unpaid the refpe&ive fheriffs and gaolers within the feveral counties in this State,
other expends from t]ie infolvency of prifoners or criminals 5 or where an expence accrues from the
attetidiRT pn- * * ... . . n,it 1 •
foners. guarding of prifoners or criminals where there (hall be no gaol in any county in this
State.
THOMAS STEVENS, Speaker of the Houfe of Reprefmtatives.
BENJAMIN TALIAFERRO, Prefident of the Senate.
Concurred, February 22, 1 796.
JARED IRWIN, Governor.
no. 565. *An Ac~l authorizing certain perfons herein mentioned-) to er eel toll
bridges over Little river-, and other ivater courfes within this
State.
I. ~\~%. ~j" HERE AS, it hath been reprefented that a permanent eftablifhmenr. of
\yf bridges over the following water courfes, to wit : Little river, Little Oge*
The right of a chee, Buckhead, Brier creek and the Beaverdam creek, is abfolutely necefiary ; Beit
bridge acrols fJ}grefore enabled by thefenate and houfe of reprefentatives of the State of Georgia in general
verted in Nath. affernbly met, and by the authority of the fame, That Nathaniel Durkee be, and he is
Durkee, for ten jiefe^y authorized to erect a bridge acrofs Little river, at Ray's mill, and to keep
the fame in repair for the term of ten years : And for the better fecuring to the faid
Nathaniel Durkee the exclufive privilege of creeling and keeping in repair the faid
Ratesof toll. bridge for the before mentioned term often years, Be it further enabled, That the
fair! Nathaniel Durkee be, and he is hereby authorized to receive toll at the following
rates, to wit : For a- loaded waggon and team, thirty-feven and an half cents s for
an empty waggon, twenty-five cents ; for a rolled hogfhead of tobacco, eighteen and
three quarter cents ; and for carriages, man and horfe, and fingle paffengers, at and
after the fame rate and proportion.
The fiwit of H. And be it further enabled by the authority dforifaid, That the feveral perfons
ere (Sing other herein after named be, and they are hereby authorized to build bridges over the fol-
toll biiegcf — . ' ■•"."' .
hefted m feveral lowing water courfes, and to keep the fame in repair for and during the term of ten
pej-fons. years, to wit :. Ralph Hicks, acrofs the Beaverdam creek, on the road leading from
•Savannah to Augulta -, William Pope, acrofs Buckhead creek, on the road leading
from Savannah to Louifville 5 Robert Donaldfon, acrofs Little Ogechee, on the road
leading from Savannah to Louifville ; and Flenry Joyce,, acrofs Brier creek, at his
own houfe; and James Rawles, acrofs Brier creek, at Walker's bridge.
Rates of toll. HI. For the better fecuring to the faid Ralph Hicks, William Pope, Robert
Donaldfon, Henry Joyce and James Rawles, the exclufive privilege of erecting and
keeping
* Repealed by an aft of 1797, No. 601, except as to the bridge over Beaverdam, and Liitle river.
LAWS OF GEORGIA. 603
keeping in repair the faid bridges for the aforefaid term of ten years, Be it further A. D. 1796.
enaEled, That they the faid Ralph Hicks, William Pope, Robert Donald fon, Henry No- ^5-
Joyce and James Rawles be, and they are hereby authorized to receive toll at the fol-
lowing rates, to wit : For a man and horfe, fix and an half cents ; for a cart and
team, twelve and an half cents ; for a waggon and team, twenty-five cents ; for a
chair and horfe, twelve and an half cents \ for a phzeton or coach and team, twenty-
five cents ; for each hog and fheep, one cent ; and for black cattle, each two cents.
IV. And be it further enacled, That John Raford be empowered to build a toll Another acrofs
bridge over Big Ogechee, at Fletcher's ifland, where the road leading from Greenf- Vefted llbn
borough to Savannah croffes the faid river,, under the fame rules and regulations as Raford.
the bridge acrofs Little river.
V. And be it further enacled by the authority aforefaid, That the juftices of the infe- The inferior
rior court of the county of Effingham and their fucceffors in office be, and they are £ourt ot Efhn£*
hereby empowered to ere£t and keep a toll bridge on Big Ebenezer creek, where the ered to erect- a
road leading from Savannah to Augufla croffes the fame, for the term of ten years, bender "reek.*
jmd to take, demand and receive of paffengers or travellers, the following rates, to
wit: For every fingle horfe chair with one perfon, twenty-five cents j. for every Rates of tell.,
phaeton and two horfes, wi.th two perfons, fifty cents ; for every clofe carriage with,
two horfes and two perfons, fifty cents ; for every horfe exceeding two in any car-
riage, fix and a quarter cents j for every fingle perfon exceeding two in fuch carriage,
fix and a quarter cents j for every man and horfe twelve and an half cents ; for,
every foot pafTenger, fix and a quarter cents ; for every loaded waggon and team,.,
thirty-feven and an half cents ; for every empty waggon twenty-five cents j for every
loaded cart and team, eighteen cents; for every empty cart and team, twelve and a^
half cents ; and the monies arifing from fuch rates fhall be applied by, and under.
the direction of the juftices of the inferior court aforefaid, towards building audi
keeping in good repair the faid bridge and caUfe*ay", as far as neceffary ; and the .
overplus, if any, fhall from time to time be applied towards the fupport of the poor.
for the faid county ; which juftices fhall make yearly returns to the treafurer, of the- ,
receipts and expenditures at the faid bridge and caufeway. Provided, That the per- The perfons
fons named in the aforefaid act. fhall give bond, with approved fecurity,, to the juf- "om^AicTfecu!
tices of the inferior court in their refpeclive counties, in a fum not exceeding five my to complete
hundred dollars, to complete the fame within twelve months after the paffing of this twelve Vwnthf '
aft, and keep the fame in good repair for the term fpecified in the faid act. and keep thera,
VI. And be it further enaBed, That the citizens who may pafs any of the aforefaid in*epair'
bridges on public occafions, or going to or from divine fervice, fhall not be bound to
pay any toll for paffing or repaffing any of the faid bridges.
THOMAS STEVENS, Speaker of the Hoife of 'R<prefcntativej._
BENJAMIN TALIAFERRO,. Pref dent of the Senate.
Concurred, February 2 2, 1796.
JARED IRWIN, Governor,
At*
*04
DIGEST OF THE
A, D. 1796.
•No. 566,
:Tlie a<Sts regu-
lating roads and
bridges, puffed
in 1793, fo far
.as refpedls cer-
tain counties re-
pealed.
And the aclpaf-
fed:in 1792,; to
be in force in
thofe counties.
/In A Si for repealing an aSl, entitled " An acl for regulating and
keeping in repair the public roads and bridges in the federal counties
in this State " puffed at Augufia the ninth day of December, one
thoufand feu en hundr ed and ninety-three, fo. far as refpeSis the
counties of Oglethorpe, Elbert, Hancock, Burke, Effingham, Greene,
Wilkes, JVafloington, Warren, Richmond, Franklin, Columbia,
hV-Intofli, Bryan, Scriven, Montgomery, Bullock, Jefferfon, Jack-
fan, Lincoln, and for other pur pofes therein mentioned.
E it enaEled by the fenate and houfe of reprefentatives of the State of Georgia in
general ojftmbly met, and by the authority of the fame, That the above recited acl
fo far as it refpetts the above faid counties of Oglethorpe, Elbert, Hancock, Burke,
Effingham, Greene, Wilkes, Wafhington, Warren, Richmond, Franklin, Colum-
bia, M'lntofh, Bryan, Scriven, Montgomery, Bullock, Jefferfon, Jackfon, Lin-
coln, be, and is hereby repealed j and that an acl:, entitled ** An acl: for the better
regulation of high roads and bridges," paffea at Augufta, the twentieth day of De-
cember, one thoufand feven hundred arid ninety^-two, be, and is hereby declared to
be in full force in the faid counties of Oglethorpe, Elbert, Hancock, Burke, Effing-
ham, Greene, Wilkes, Wafhington, Warren, Richmond, Franklin, Columbia,
M'lntofh, Bryan, Scriven, Montgomery, Bullock, Jefferfon, Jackfon, Lincoln;
any law to the contrary notwithstanding, except that the fines impofed by the faid acl
fhall be paid in dollars at four (hillings and eight pence each.
THOMAS STEVENS, Speaker of the Houfe of Reprefentatives.
BENJAMIN TALIAFERRO, Pref dent of the Senate.
.Concurred) February 22, 1 796'.
JARED IRWIN, Governor.
No. 567. An A SI to provide a fund in aid of the aSl of the lafl feffion of the
legi/lature, entitled "An aSl for appropriating a part of the un-
located territory of this State,, for the payment of the late State
■■ troops, and for other purpojes therin mentioned."
Preamhle, ~^Hk 7~HEREAS, the executive authority of the United States has authorized a
Y V treaty to be heM for the extinguifhment of the Indian claims Xo certain
lands within the limit6 of the State of Georgia, agreeably- to the acl of the lafl legif-
lature, entitled *' An acl fox appropriating a part of the unlocated territory of this
State for the payment of the late State troops, and for other purpofes therein men-
tioned;" which treaty the State is defirous of furthering to the utmoft of her power
• and ability.
J.
LAWS OF GEORGIA, 605
T. Be it therefore enacted by the fenate and houfe of reprefentat'ives of the State of A. D. 1796.
Georgia in general affembly tnet> That the fum of fifteen thoufand fix hundred and No- 567'
fifty-fix dollars, nineteen cents, of the flock of the United States, the property of ^]^-°"^n af^
this State, and funded in the name of George Jones, together with the intereft due extingiiifti indi-
or to grow due on the fix and three per cent, proportions of the faid flock, be and
the fame is and are hereby appropriated in aid of the fum of twenty thoufand dollars
appropriated by the afore recited act, entitled " An act for appropriating a part of
the unlocated territory of this State, for the payment of the late State troops, and
For other purpofes therein mentioned ;" for carrying a treaty with the Creek Indians
into execution, and for extinguifhing the faid Indian rights to the territory in
the faid act mentioned and contemplated to be extinguifhed j and his excellency is
hereby empowered to caufe the fame to be afligned, and fet over on the books of
the treafurer, or on the books of the commiflioner of loans of the United States
for this State, for this fpecial purpofe and no other.
And in order that no difficulty may arife from deficiences of appropriation for
the defirable object of carrying into execution the faid treaty, and the extinguifhment
of the Indian rights under it,
II. Be it further ena£led> That his excellency the governor, in cafe he fhall deem the Governor em-
fame neceflary, fhali be, and he is hereby empowered to caufe fo much confifeated tonfifcated° pro-
property which may have reverted to the State, or which may have remained yet peny & bonds,
unfold, to be difpofed of at his option, either at public or private Tale, as may ap-
pear to him moft advantageous to the State, as will raife the fum of ten thoufand
dollars cafh.; and which fum ishereby appropriated for that fpecial purpofe and no
other; any thing in any former law to the contrary notwithflanding.
III. And be it further enabled^ That fo foon as, and immediately after the extin- When extingu-
guifhment of the Indian claims as aforementioned to the lands contemplated to be jnefr 'a4'on the
obtained under the treaty fhall have taken place, the "further operation of the faid fubjeft to ftand
act, entitled " An act appropriating a part of the unlocated territory of this State,
for the payment of the late State troops, and for other purpofes therein mentioned,"
mail ceafe and ftand fufpended until the meeting of the general aflembly ; which his
excellency the governor is hereby required to convene fo foon as the treaty fhall be
ratified by the fenate of the United 'States, and for twenty days thereafter.
IV. And be it further enabled, That no furvey fhall be made, or grant fhall iifue, To be hid off
for any land fo extinguifhed, until the fame fhall be laid off into counties agreeably nUo counties-
to the conftitution.
'V. And be it further enabled, That three difcreet and proper perfons fhall be ap- Three commit
pointed by joint ballot of both branches of the general aflembly, as commiffioners "°.ners,t0 be aP"
on the part of this State, to attend the faid treaty ; and all appointments of com-
miffioners or furveyors heretofore made, under and by virtue of the act aforefaid,
are hereby declared null and void.
THOMAS STEVENS, Speaker of the Honfe of Reprefentntives.
BENJAMIN TALIAFERRO, Preftdent of the Senate.
Concurred, February 21, 1796.
JARED IRWIN, Governor. . An
6o6 DIGESTOFTHE
A. D. 1796. An Acl for clearing out Ogechee* river and Brier^ creek.
No, 568.
.""fT^TT'HER.EAS, the river Ogechee and Brier creek are capable of being made navi-
Yf gable for boats a confiderable diftance higher up thofe ftreams than they
are at prefent, and it is an object of the firft confideration, to improve the navigation
of the water courfes capable of being made ufeful j
Commiffioners %• Me it therefore enaBed by thefenate and houfe of reprefentatives of the State of Geor-
for clearing out gja }n general aJJemb!y met, and by the authority thereof, That Michael Shelman,
er\«ck.' " Thacker Vivion, Kindred Brafil, Stephen Mills, Ifrael Bird, John London, Jeffe
M'Call, Stephen Denmark, Jofhua Loper and Drury Jones, be, and they are here-
by appointed commiffioners for clearing out the river Ogechee^; ; and that David
Robinfon, Jonathan Afhberry, John Whitehead, William M'Norrel, William Moore
and William Skinner, be, and they are hereby appointed commiffioners for clearing
out Brier creek; and the faid commiffioners or a majority of them, are authorized
to take, receive and apply all fuch monies as may have heretofore been, or may
hereafter be appropriated by the legiflature, or as have heretofore been or may here-
after be fubfcribed, prefented or given by individuals for the purpofe of clearing
cither of the water courfes aforefaid ; and to fue for, and recover of any fubfcri-
ber or fubfcribers, all fums of money, or the value of any fpecific article or articks,
which may have been or may be fubferibed and not paid, before any court or tribunal
having cognizance of debts to fuch amount, in the county where fuch fubferiber
may refide.
Their powers. And the faid commiffioners are authorized and required to apply all monies, or
fpecifics fo received or recovered, towards carrying the purpofe of this law fully
into effect, in fuch way and manner as they, or a majority of each board may deem
moil effectual and proper. And the faid commiffioners or a majority of each board
S*re authorized and required to contract with any perfon or perfons for clearing the
faid ftreams, to wit : The river Ogechee as high up as Louifville, and Brier creek
as high up as Walker's bridge, in fuch manner and method as in their judgment may
heft promote the conveniences and advantages thereof \ Provided, That the work,
fhall be commenced at fuch places as may require it neareft the mouths of the
faid ftreams, and fhall be progreffed upwards and not otherwife.
Milldarasacrofs \\ ^n^ oe it further enafted, That where any mill dam is already built, or may
Beats &.V. how hereafter be built acrofs the faid river or creek below the places before mentioned,
to pafs them, ^e proprietor or proprietors of fuch mill dam or dams, fhalh, within four months
after the paffing of this act, erect or prepare a gate, lock or paffage, fufficient and
convenient for the paffage of any boat, raft or rafts of timber, boards or fcantling,
capable of being carried down fuch ftream if fuch dam were not there j and if the
proprietor of any mill dam fhall fail to erect and keep fuch gate, lock or paffage,
within four months after the paffing of this act as aforefaid, then it fhall and may be
lawful for the faid commiffioners or any of them, or any perfon appointed by them,
to
* Lottery authorized by act of the fame year, No. 569.
f See act of j 797, No. 605, fc-r improving the navigation of Brier creek.
\ Other commiffioners to be appointed in Bullock county and alterations made by ail cf 179S, No. 630.
LAWS OF GEORGIA. 607
to break down and deflroy every fuch mill dam or dams ; and the owner of any A. D. 1796.
boat, veffel or raft, which may be hindered or detained by reafon of fuch dam, or **°- -S68-
for want of a proper gate, lock or paffage, or by reafon of not opening the fame
when required, may recover of the owner or proprietor or manager of fuch mill
dam or other ftoppage, five dollars for every hour fuch boat, veflel or raft may be
detained by the reafon or means aforefaid, arid any court or lawful tribunal, having
cognizance of debts to amount of the damage dated, in the county where fuch mill
dam may be, is authorized and required to give judgment, on good and fufficient
proof of the facts before them (the defendant being firft fummoned to appear and
anfwer the complaint) againft fuch owner, proprietor or manager in terms of this
act, and award execution thereon.
III. And be it further enabled, That all hedges, (lops or weirs already made, or Hedges, weirs
which may hereafter be made acrofs the faid river Ogechee, below Lcuifville, or and other ob-
r> • 111-t. i- ni 1 11 ftrudhons, how
acrofs oner creek below Walker's bridge, (hall be taken up and removed by the per- to be removed,
fon or perfons who made or placed, or caufed the fame to be made or placed, within
two months after the pafling of this act, or at any time thereafter, any hedge, ftop
or weir, or any part of either (hall be {landing or remaining in the faid river or creek
below the places before mentioned, the faid commiflioners or either of them, or any
perfon by them appointed, (hall have power to remove, or caufe to be removed,
fuch hedge, weir or (lop, and (hall recover of the perfon who made or placed, or
caufe to be made or placed the fame, double the amount of the expence attending
the removal thereof, in manner herein before prefcribed for recovery of the damage
fuftained by the hindrance of any boat or raft ; and if the perfon fo offending hath
■ not wherewithal to pay the fum fo awarded againft him, he (hall be compelled to
work on the faid dream in clearing it out, a time fufficient to difcharge fuch forfeit-
ure, agreeably to the rates of labor then cuftomary, or (hall be committed to gaol
not exceeding two months.
IV. And be it further enacted, That the faid commiflioners, or the perfon or per- Perfonssmplov.
fons employed or appointed by them, may lawfully cut down, and take off the lands ctl therein, may
of any perfon or perfons adjacent to the faid river or creek, fuch and fo many tim- adjacent lands.
ber trees or other trees as (hall be neceffary for the purpofes of this act, and ihall
not be liable to pay any price or damages therefor.
V. And be it further enafied, That i'f any perfon or perfons (hall fell any tree or Penalty nn per-
trees into the faid river or creek, or caufe the fame to be felled, and (hall not cut up fons felling; trees
and remove the fame within the fpnee of forty-eight hours after fuch felling, fuch Brier creek,
perfon (hall, on conviction before any juflice of the peace for the county, forfeit and
pay the fum of five dollars for every tree fo felled into the faid river or creek, and not
removed as aforefaid ; and fuch forfeiture fhall be applied one half to the ufe of the .
informer, and the other half to the purpofes of this act.
VI. And be it further enacted> That the faid commiffioners fhall each of them give Commiflioners
bond, with fufficient fecurity, to his excellency the governor, in the fum of one [°cj^:'te bcnd &
thoufand dollars, faithfully to apply all monies which come into their hands towards
carrying into full effect the intention of this act; and in cafe of the death, refigna-
tion
6o3 DIGEST OF THE
A. D. 1796. tiort or refufal to aft of either of the commiflioners- herein before named, hisexeel--
No. .568. lency the governor is authorized and required to fill fuch vacancy.
And to account VII. And be it further enacltd, "That the faid commiflione/s- (hall, on or before-.
\*ith the exetu- ^ ^r^. £jay Q£ january }n each year, make a full and fair return, of all monies by.
them received^ and paid in conformity to this act, to bis excellency the governor^,
together with the progrefs they may have made in the execution of their^ duty ; zni^
the faid commiflioners fhall be allowed two and an half per centum, on al] monies by
them received, and paid away in manner- aforefaid.
A tax to be le- VIII. And be it further enabled,. That a tax fhall be, and,»is hereby levied on alL
lands"13 Jat£n -3n(^3 adjacent to either of, the. faid dreams, over and above the taxes already impofed.
by law, or which may be impofed for county ufes, in the following manner, to.
wit : Fifty eents on every hundred acres of land within one. mile of either, of the
faid ftreams, and. below or within one mile of the places herein before named; thir-
ty-fevea and an half, cents on every, hundred acres of land within two and over one.
mile of either of, the faid ftreams,. or of either of the places, aforefaid;, and. twenty--
five cents on every hundred acres of land within five, and above two miles of either.
How to be col- of the faid ftreams, or of either of- the .places aforefaid y. and all.perfons liable to.
pay, fuch tax are required to pay the fame to any, one of the faid commiflioners who;
hath given bond as aforefaid, on or before the firft day. of November, next, other-?
wife the faid commiflioners, or a majority of them, may iffue. execution againft,
ihofe in default, directed to the fheriff or his lawful deputy of the county wherein^
fuch lands lie,, who may, levy the fame on the goods and chattels- of fuch defaulter,.,
if any to be found in fuch county, and if not,, then on a part of fuch lands compe--
tent to pay. the tax due by fuch perfon ; and. may after three, months public notice,
thereof, in the gazette of Savannah or Augufta,. if the owner, of fuch lands do net
refide within fuch county, . or after thirty dayspublic. notice in three or more public
places in the county, if fuch owner be a refident of the county,, expafe the, fame to.
NottoaStdlor. public fale to the higheft bidder :, Provided^ That not more than a proportion of. one
aijd2wirhoutaSe tenth part of the lands belonging to any, one perfon,.. fhall be liable to. fale under and
guardians. by virtue of this act ; And provided- aJJb,. That the lands of orphans, or infants under,
age, who have.no guardian to. aft for them, fhall not be liable as, aforefaid.
THOMAS STEVENS, Speaker of the Houfe of Reprefentatwcs. ,
BENJAMIN TALIAFERRO, Prefdent. of the Senate,
Concurred, . February 22, . 1796.
JARED IRWIN, Governor,
Ho. 569. An AH to raife money for the pur p of e of opening and improving-
the navigation of Ogeches river y from Louifville to -the mouth,
thereof
Ffcamtle. "W^IT XHEREASj the improving of the navigation of-Qgechee river will. greatly*
^y increafe the value of landed and other property lying . on . or contiguous,
thereto, and is an objeft well meriting legiflatiye aid 5
' i
LAWS OF GEORGIA. 609
I. Be it enabled by the fenate and houfe of reprefentatives of the State of Georgia in A. D. J 796.
general ajfembly mety That John Shelman, John Jones, Benjamin Lanier, Ifrael Bird Ko- •569-
and John Moore, be, and they are hereby appointed commiflioners, who are hereby rized.lnd com-
authorized and empowered to eftablifli a lottery to confift of two clafles -, which faid miffioners ap-
DO1 n t'CQ •
lottery (hall be managed and drawn under the direction of the aforefaid commiflioners
era majority of them.
II. And be it further enatled, That all the monies arifing from the faid lottery, To improve the
after deducting the expences of attending the drawing thereof, amounting to the fum o^efhee "river,
of fifteen hundred dollars, be, and the fame is hereby appropriated to and for the ufe
of opening and clearing the river Ogechee, and improving the navigation from the
town of Louifville to the mouth thereof.
III. Be it further enabled, That the commiflioners aforefaid, ihall within ninety The monies to-
days after the drawing of the faid lottery is completed, depofit the aforefaid fum of ^e^eafuryd "*
fifteen hundred dollars, after deducting expences, in the office of the treafurer, from
whence the fame (hall be "drawn from time to time, by the commiflioners appointed
by law (or a majority of them) for the purpofe of fuperintending and managing the
opening and clearing the aforefaid river, by an order from his excellency the governor.
THOMAS STEVENS, Speaker of the Houfe of Reprefentatives*,
BENJAMIN TALIAFERRO, Prefdent of the Senate*
Concurred, February 22, 1796.
JARED IRWIN, Governor.
An Ac! for keeping open Little river and Broad river* No. 570.
"'S'^ "THERE AS, it is juft and reafonable that all citizens refiding within the vi-
\\. cinity of Little river and Broad river (hould enjoy the natural and equal
privilege of taking the fifti of faid rivers ;
I. Be it enabled by the fenate and houfe of reprefentatives of the State of Georgia in Little river and
general ajfembly met> That the owner or proprietor of every mill-dam that now is, or fr?ad nve1' to
may hereafter be made, acrofs the faid rivers, from the confluence thereof as high as the pafTage o£
the fork, ihall be fo conftructed as to admit a fluice of water of the width of one
tenth part of the ftreara, where fuch mill-dam is or may be erecled j, which fliall be
kept open from the twentieth of February until the firft day of April annually, and
every perfon making a rifh-dam or any other obftru£tion fo as to prevent the fifii
palling in faid river, Ihall leave at lealt one fourth part of the main flream open, (o
that the fifii may have free paffage. Provided) That Jofeph Ray ihail not be obliged
to open his mill-dam until the firft day of January next.
II. And be it further enacled. That it fhall be j:he duty of the juftices of the peace Obfh-ixStions— •
of the diftri&s on each fide of the rivers or any three of them, to fee this act duly !° be rer
. * rnoved._
executed ; and the faid juftices are hereby authorized to convene and decide on any
complaints of the violation thereof, and may proceed to remove any obftruction to
4 H the
• This a<5i is repealed in part by a<ft of 1798, No. 6aA,
6io DIGEST OF THE
A. D. 1796. the palling of fifh in faid rivers, that is not authorized by this act ; and any perfon
No. 570. prefuming to replace obftructions fo removed, (hall forfeit and pay a fum not exceed-
ing fifty dollars for every fuch offence, to be recovered in any court of record, one
half to the informer and the other half to the ufe of the poor.
THOMAS -STEVENS, Speaker of the Houfe of Reprefentatives.
BENJAMIN TALIAFERRO, Prcftdent of the Senate.
Concurred, February 22, 1796.
JARED IRWIN, Governor.
No. 571. jfn Act tofecure to Nathaniel Twining, Thomas Davis and Jofeph
Grant, for the to m of ten years, the fole and exclufive right of
running a line of ft age carriages , between the city of Savannah and
town of Augufla.
Exclufive right !• 13 ^ *' enabled by thefenate and houfe of reprefentatives of the State of Georgia in general
of running a J[_3 nffembly met, and by the authority of the fame. That Nathaniel Twining, Thomas
Savannah and Davis and Jofeph Grant, their heirs and affigns, (hall have the fole griid exclufive
Augufta, yetted rjgnt 0f running a line of ftage carriages, for the conveyance of paffengers and their
and others. ' baggage, between the city of Savannah and town of Augufta in this State, for the
term of ten years, to commence on the firft day of October, which will be in the
year of our Lord one thoufand feven hundred and ninety-fix.
Penahyon other H- And be it enabled, That if any perfon or perfons (hall, within the faid term
perfons attemp- prefume to run any ftage carriage or carriages in any manner for fare or hire between
the places aforefaid, without the confentor concurrence of the faid Nathaniel Twin-
ing, Thomas Davis and Jofeph Grant, under their hand and feals fir ft obtained, every
fuch perfon or perfons fo offending fhall forfeit and pay to the faid Nathaniel Twininf,
Thomas Davis and Jofeph Grant, their heirs and affigns, double the amount of the
fum demanded or received by the faid perfon or perfons for the carriage or convey-
ance of any perfon or perfons to, or from any part or place within the fimits of the
faid city of Savannah and town of Augufta, comprehending all the different routes
between the fame •, to be recovered by the faid Nathaniel Twining, Thomas Davis
and Jofeph Grant, or their legal reprefentative, by action of debt before any magif-
Provlfo. trate or court having cognizance thereof : Provided neverthelefs, That the faid Natha-
t niel Twining, Thomas Davis and Jofeph Grant fhall, within the term of one year
from the paffing of this act, commence and put in practice the running the faid line
of ftage carriages, and continue the fame at leaft once every week between the places,
and to the end of the time or term aforefaid. Provided, That the faid Nathaniel
Twining, Thomas Davis and Jofeph Grant do give bond of one thoufand pounds,
with good andTufHcient feeurity to his excellency the governor, for the running of
ftages for the aforefaid term.
The-aa in favor III. And be it further enabled. That the act paffed at Augufta in the year one
MCaiirrepeaied1. thoufand feven hundred and ninety-three, .vetting, on certain conditions, in William
Thompfon
LAWS OF GEORGIA. 611
Thompfon and Thomas M'Call, the fole and exclufive right of running a line of ftage A. D. 1796.
carriages between the city of Savannah and town of Augufta, not being carried into No- 57i-
effect on the part of the faid William Thompfon and Thomas M'Call, the fame fhall
be and is hereby repealed.
THOMAS STEVENS, Speaker of the- Houfe of Reprefentatives.
BENJAMIN TALIAFERRO, Prefdent of the Senate.
Concurred, February 22, 1796.
JARED IRWIN, Governor.
An Ac! for the better regulating and conducting eleclhns in the feveral No 57a.
counties of this State.
WHEREAS, the feveral acts heretofore pafTed for the ordering and conducting
elections, have by experience been found defective and incomplete, and the
good citizens of this State will probably fuftain injuries and impofitions by a-continu.--
ance of them ; to prevent- which as much as poflible,
I. Be it enabled by the fenate and houfe of reprefentatives of the State of Georgia in gene- Ele&ions to be
ml affembly met, and it is hereby enabled under and by virtue of the authority thereof J>el'j.at the court
That all elections for members to reprefent this State in the general affembly thereof,
and for reprefentatives in congrefs, fheriffs, clerks of the fuperior and inferior,
courts, regifters of probates, county furveyors and coroners, (hall be held at the,
court houfe or place appointed for holding the fuperior courts in the refpective
counties.
It fhall be the duty of any three or more of the magiftrates for each county, not Three or more
being candidates, to prefide at and make returns of all elections for fenators and maK1jfirates ia
r . 1 rr proline — the
reprefentatives in the general affembly, reprefentatives in congrefs, and county offi- fhcriff to prs-:
cers •, and the fhe riff of each county or his deputy, is required to attend at fuch ferve ordcr"
elections, for the purpofe of enforcing the orders of the prefiding magiftrates in ,
preferving good order.
That at the general election which fhall be held on the firfl Monday in November, County officers,
one thoufand feven hundred and ninety-feven, in the feveral counties of this State when&'nwhat
1 r 1 rr i i i * * r> manner to be e- .
for members of the general aflembly,. the electors in each county fhall elect a fheriff, ledted— to hold
clerk of the fuperior and inferior courts, regifter of probates, county furvevor and their offices for!
^ •| two ycurs*-
coroner, who fnall hold their offices for the term of two years if they fhall fo long
well behave themfelves 5 and at the expiration of the faid term of two years, the faid
electors fhall again elect the county officers aforefaid, and in like manner at every
fecond general election. Provided, That no perfon fhall be twice elected fheriff of Provifo..
any county in any term of four years ; in which provision thofe now in office are.,
comprehended. «.
That the general election fhall be annually on the firfl Monday in November ; and.' The general e-
the time for taking in the votes fhall be from nine o'clock jn.the morning till fix o'clock- lt<a;ontobenn-,
,'-•■, °- nual. The time
in the afternoon. for taking votes...
When.,
6(2 DIGEST OF THE
A. 1). 1796. When any doubts {hall arife with refpect to the qualification of the voters, the
No. 57a. following oath fhall be adminiflered : — 1, A. B. do folemnly fwear or affirm fas the
Oath to be ad- r i \ f T i • i i r 1 • i
mimftered to cafe may be; that 1 have attained to the age ox twenty-one years, have paid my tax
voters- for the year preceding the election, have refided fix months within the county, and
that I am a citizen of the United States, and an inhabitant of this State.
So much of this ail as relates to the eletlion of magijl rates and juflices of inferior courts
in certain counties rendered obfolete by the conflitution of 1 798, and therefore omitted.
Fraudulent II. That if the fuperintending officers or perfons at any election whatever {hall
<?ue influence at make a fraudulent return, or they or either of them whilfl fuperintending at fuch
eledionstopre- election, or any candidate {hall influence or endeavor to influence or perfuade any
voter not to vote as he firft defigned or intended, or fhall take any undue means to
obtain a vote, he or they fhall forfeit for the firft offence one hundred dollars, to be
recovered by information in the fuperior court or inferior court of fuch county ; and
if a juftice, fhall be for ever difqualified from ferving in the commiffion of the peace ;
and if a candidate, fhall be thereby incapacitated from ferving in the poft or place
for which he may be elected.
The freedom of That if any perfon or perfons whatfoever, fhall, on any day appointed for holding
elections to pre- any election, prefume to violate the freedom of fuch election by any arreft, menace
or threat, or attempt to overawe, affright or force any perfon qualified to vote, or
offer any bribe to induce him to vote againft his inclination, or fhall after the faid
election is over, menace or defpitefully ufe, abufe or infult any perfon becaufe he
hath not voted as he or they might have wifhed him, every fuch perfon fo offending,
upon fufficient proof of fuch violence or abufe, menacing or threatening, before
any juftice of the peace, fhall be bound over to the fuperior or inferior court, him-
fclf in one hundred dollars, and two fecurities in fifty dollars each, to be of good
behavior and abide the fentence of the faid courts ; where, if the offender or offend-
ers are convicted and found guilty of fuch offence as aforefaid, then he or they
fnall, refpeclively for each offence, forfeit a fum not exceeding one hundred dollars,
and be committed to gaol without bail or mainprise till the fame be paid ; which
faid fine fo impofed fhall be recovered by a writ of fere facias or ca. fa. iflued and
fignedby the clerk of fuch' court under and by virtue of the fentence of the court;
and the fheriff of fuch county is hereby required to levy fuch writ forthwith.
Electors— free That no civil officer fhall execute any writ or civil procefs whatfoever upon the
from arreft. DOdy 0f ariy perfon qualified to vote at any election as aforefaid, either in his journey
to, or return from, or during his flay there Upon that account, under the penalty of
five hundred dollars j Provided* he fhall not be more than four days on his journey
going to, returning from, or flay at the place for holding any general election, and
two days if any other election herein before fpecified ; to be recovered of and from
the officer who fhall ferve any procefs or arreft as aforefaid, after fuch manner and
foim, and to be difpofed of as herein before directed ; and all fuch writs or civil pro-
cefs executed on the body of any perfon either going to, returning from or being at
the place where fuch election is appointed, within the time before limited, he being
qualified to vote thereat, are herebv declared null and void.
That
LAWS OF GEORGIA. fa
3
re
That at the general election which fhall be held for members of the legiflature on A. D. 1796.
the firft Monday in November next, and at every fecond ejeneral election thereafter, No- 572.
,, ,. j r 1 , n- n 11 r r r i'i . n • 1 Reprefentatives
the electors at iuchr election fhall vote for two perions to reprelent this btate in the ;n ccr>£refs--the
houfe of reprefentatives of the United States. time of ele&ing
That no perfon fhall be elected a reprefentative in congrefs who has not been an Qualifications;
inhabitant of this State three years next preceding his election, and paid his tax regu- ^ t0 ho,d "°
larly during that time ; nor fhall he hold any office of trufl or profit under this State
or the United States, during the time for which he may be appointed a reprefentative.
That the names of the feveral candidates be kept by the faid clerks on feparate Returns of the
1 #0-* l-i
papers, and the number and names of the voters fhall be fealed up together with an fo bemidg t«
accurate ftate of the poll, under the hands of the prefiding magistrates, and tranf- the governor,
rnitted by exprefs to his excellency the governor within twenty days after the doling
the poll at fuch election ; who is empowered to draw on the treafury for payment of
fuch exprefs, not exceeding two dollars per day.
That the governor or commander in chief for the time being, fhall within five
days after the expiration of the faid twenty days herein before allowed for making
returns, count up the votes from the feveral counties, or fuch of them as may liav«
made returns, for each perfon, and immediately thereafter iffue his proclamation, de-
claring the perfons having the higheft number of votes, and qualified as aforefaid, to be
duly elected to reprefent this State in the houfe of reprefentatives of the United
States, and to grant a certificate thereof under the great feal of the State to each of
them ; Provided, no certificate or com million lhall iffue to or for any fuch perfon fo
elected, until fatisfactory proof is produced that the tax of fuch perfon has been
regularly paid as above mentioned, and that he has actually had the refidence herein
prefcribed.
Provided, That no perfon entitled otherwife to vote at elections fhall be deprived Provifo.
of the privilege of voting at the next election, who fhall pay a tax of fix and one
fourth cents for the laft year, into the hands of tax collectors appointed for the pre-
fent year, which fhall be by them paid into the treafury.
That where any two or more perfons have an equal and the higheft number of
votes on the general poll, then and in that cafe the governor fhall iffue his proclama-
tion directing a new election.
That in cafe any perfon duly elected being in this State, and notified thereof in The governor
manner herein directed, fhall not within twenty days, and if out of the State, caiJs order new
within forty days after fuch notification, fignify his acceptance or fhall depart this elections.
life, the governor or commander in chief fhall order a new election to be held in
like manner as herein before pointed out.
That all writs of election for filling vacancies that may happen in the fenate or Certain vacan-
houfe of reprefentatives of this State, or houle of reprefentatives of the United "es— how to be
States, or in county* officers, except fuch as may be appointed by his excellency
the governor, fhall be directed to the juftices of the inferior court of the refpective
counties, who are hereby required to give public notice thereof, and caufe the fame
to beheld in manner and form as herein before pointed out, agreeably to fuch writ.
lhat
• The mode of filling vacancies in office is pointed outhv the constitution of .1798.
614
DIGEST OF THE
A. D. 1796.
No. 57 a.
Elections — how
to be conduced
How to be held
in the new
counties.
Receivers of
tax returns und
collectors to he
appointed bythe
inferior courts;
and give bond Sc
fecurity.
In cafe of de-
fault the g-over-
nor may'appoint
them.
That the prefiding magiftrates at any eleaion for fenator or reprcfentatives in this
State, or reprefentatives in congrefs, or fuch county officers as may be eleded by
the county at large, are hereby empowered and required to appoint three clerks to
attend the faid election, whofe duty it fhall be to keep three rolls where the names
of all the voters mall be entered, and the faid> clerks fhall likewife prepare three
papers, in each of which fhall be inferted the names of all the candidates ; and mall,
under the diredion of the prefiding magiftrates, fet down every vote that may be
given in for each candidate oppofite the name of fuch candidate, and fhall on the
clofe of the poll, count up the number of votes for each candidate ; the perfon
having the higheft number of votes for any appointment, fhall be deemed and declared
duly elected to fuch appointment.
III. And be it further enaaed, That all perfons entitled to vote in the counties of
JefFerfon, Bullock, Jackfon and Lincoln, are hereby required and direded to affem-
ble at the place appointed for holding the courts and elections in the faid counties,
on the third Monday in March, one thoufand feven hundred and ninety-fix, and pro-
ceed to vote in the ufual way for their feveral county officers, in manner direded
and pointed out by this law ; and if it mould fo happen that there are no juftices of
the peace in faid new counties, or not a fufficient number to hold eledions agreeably
to this law, that then and in that cafe, a juftice or juftices that have been in the
commiffion for the county from which fuch new county or counties have been taken or
laid out, fhall be authorized to call in two or more fit and difcreet perfons to prefidewith
him, whofe return of fuch eledions is hereby deemed fufficient to authorize the governor
to commiffion the feveral perfons eleded agreeably to this ad : And it fhall be the duty
of the prefiding magiftrates, to certify under their hands and feals all fuch eledions.
IV. Be it further enabled, That the inferior court of the refpedive counties of
this State, or any three or more of the members of faid court. (hall be, and they are
hereby authorized and required to eled the receiver or receivers of tax returns, as
the cafe may be, for the time being, and the colledor of tax in their refpedive
counties, within forty days after the annual adjournment of the general affiembly,
and take bond with two or more good and fufficient fecurities in fuch fum as may
be provided for in the tax law for the time being, conditioned for the faithful per-
formance of the duties required of them by law ; which bond (hall by the faid juf-
tices, or inferior court, be tranfmitted to the fecretary of State within the term of
forty days as aforefaid, and (hall, on the appointment of faid colledors and receivers,
qualify them into office.
V. And be it further enabled, That if it fhould fo happen that any of the counties
(hall not eled, take bond and qualify the colledor and receiver of tax returns pur-
fuant to this ad, that then, and in that cafe, his excellency the governor fhall ap-
point receivers of tax returns and colledor of taxes, and iffue a commiffion direded
to the juftices of the inferior court of the county where fuch negled or default
may happen, to take bond and qualify the parties or perfons fo eleded.
THOMAS STEVENS, Speaker of 'the Houft >of Reprefentatives.
BENJAMIN TALIAFERRO, Prejdent of the Senate.
Concurred, February 22, 1795.
JARED IRWIN, Governor. Jn
LAWS OF GEORGIA. 6],
An A ft for ereBing and efablifhing an academy in the town of Lou if- A. D. 1796,
ville, and for other purpofes therein mentioned, No.j73.
"HERE AS, it is of the greateft utility and importance in all well regulated
V V_ governments, to encourage and promote the education of youth, and the
promotion and advancement of ufeful learning : And whereas, there is not at this
time any academy eftablifhed for -the purpofes aforefaid in the faid town:
I. Be it therefore enaBed by the fenate and houfe of reprfentatives of the Stale of Commoner*
Georgia in general afembly met, and by the authority of the fame, That the Reverend ofthe academr
David Bothweli, John Shellman, James Meriwether, John Cobbs and JofiahSterrett, po^?^ ap-
be, and are hereby appointed commiffioners for carrying into erFed the intention of
this act, as is hereafter pointed out.
II. And be it further enatled by the authority aforefaid, That the faid commiffioners Empowered to
of Louifville be and are hereby direfted to lay out forty acres of the land referved fcU cmaia lots-
for the faid academy, and belonging to the faid town of Louifville, into four acre
lots, and alfo one acre lot for ereaing the faid academy on, and deliver a plan
thereof to the commiffioners or truflees of the faid academy, who are hereby au-
thorized and empowered to fell the faid four acre lots to the higheft bidder, and
fhall convey the fame to the purchafer or purchafers, in a full and ample manner,
expreffing in the deed or conveyance, the intention of the fale of fuch lots.
III. And -whereas, other counties of the faid State have been empowered by pre-
ceding legiflatures, to purchafe confifcated property to the amount of one thoufand
pounds, for the purpofe of ereaing academies: Be it therefore further enatted by the And topurchafe
authority aforefaid, That the faid commiffioners or truftees of the faid academy be £roo° wor^of
and are hereby authorized, in like manner, to purchafe , fuch confifcated property] pm/"^ F°"
at the firft fale or fales that may take place, to the amount of one thoufand pounds, -
and apply the fame as heretofore direaed.
IV. And be it further enatled by the authority aforefaid, That the faid commiffion- Veiled with ccr-
ers or truftees of the faid academy be, and they are hereby authorized and empow- tain I,owersfor
ered, as foon as they fhall by enabled by the fund arifing from the fale of the afore- clden^c! "
mentioned four acre lots and confifcated property, to erea on the faid one acre lot,
that fhall be laid out on the moft eligible place and convenient fituation for that pur-
pofe, a building commodious and proper to anfwer the intention of this aa, as an
academy aforefaid, and to enter into fuch contraas for ereaing the fame as may be
thought moft advantageous for the faid fund, by a majority of the faid commiffion-
ers, and further to procure and agree with proper mailers and profeffors, for the
teaching, inftru£Hng and ruling the fame, and to inftitute fuch bye-laws for the
increafing the faid fund and better governing the faid academy, as to the faid com-
miffioners may appear belt, adapted for the purpofes aforefaid.
V. And be it further enacted by the authority aforefaid, That the faid commiffioners Toaccoumlwith
or trultees fhall yearly and every year render a juft aud true account of the fund of th^ governor, &
the faid academy, to the governor for the time being, or his fucceflbrs in office, for JS2
examination ; and it found guilty of mal-praaice, fuch offending commiffioner or Pra6lke'
commiffioners
6i6 DIGEST OF THE
A. D. 1796. commlflioners mail be difplaced, and others appointed for that purpofe in his or
No. 573. their room.
THOMAS STEVENS, Speaker of 'the Houfe of 'Reprefentatives..
BENJAMIN TALIAFERRO, Prefdent of the Senate.
Concurred, February 22, 1796.
JARED IRWIN, Governor.
no. 574. An Acl to regulate the judiciary fyjl em of this State.
\HIS acl being in force only one year, and having been repealed and re-enacled
with very few alterations, by ad of 1797, No. 582, it is deemed unneceflary
to infert it at large.
LXXIV. And be it further enabled, That all former acls for regulating the judi-
ciary department of this State, be, and they are hereby repealed.
THOMAS STEVENS, Speaker of the Houfe of Reprefentatives.
BENJAMIN TALIAFERRO, Prej'dent of the Senate.
Concurred, February 23, 1796.
JARED IRWIN, Governor.
No. 575. An Acl for appropriating money for the year one thoufandfeven hundred and ninety fix.
February 23, 1796.
A*n?' liS1' An Acl to repeal an acl, entitled " An acl for the infpeclion of
......
cotton"
Preamble. ~W THEREAS, an acl paffed on the twenty-firft day of February, in. the year of
TheaAof 1796 Vf our ^j0r(i one t^ou^"and *~even «undred and ninety-fix, entitled " An acl: for
for the infpet- t^e infpeclion of cotton," has been found in its operation not competent to the objects
reOpeal°ed.t0UCn' propofed, by no means beneficial to the intereft of the State, and an unneceflary
burthen on the planters of that article ;
Be it therefore enacled- by the fenate and hoife of reprefentatives of the State of Georgia
in general affembly met, and by the authority thereof t That the before recited acl, be}
and the fame is hereby repealed.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives,
DAVID EMANUEL, Prefident of the Senate.
Concurred, January 24, 1797.
JARED IRWIN, Governor.
no. J77. An Acl for the admijfion of John Laivfon and Samuel Troclor Bayley^
to the praclice of the laiv.
BE it enacted by the fenate and houfe of reprefentatives of the State of Georgia in gene-
ral affembly met, That John Lawfon and Samuel Proaor Bayley, be, and they
are hereby admitted to plead and praclife law in the courts of this State ; any law,
iiile
LAWS OF GEORGIA. 617
rule orufage to the contrary thereof in any wife notwithstanding : Provided, That A. D. 1797.
t-he faid John Lawfon and Samuel Proctor Bayley be examined in one of the fuperior No* f7J*
courts, and be found qualified previous to their admiffion as aforefaid.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
DAVID EMANUEL, Frefdent of the Senate..
Concurred,. January 24, 1 797.
JARED IRWIN, Governor
An Act: to: eft ablife and make permanent the feat of the public build- No- 57%-
ings in the counties of Sc riven and Bryan.
I. TTy^fe enacled by the fenate and houfe of reprefentatives of the State of Georgia in Commiffioners
[> general affembiy metl and. by the authority of the fame, That the feat of the °J Cim,n h.ou^
~ , 7. . . r „ ■ . r *■ ■' & gaol in t>tu-
public buildings in the county of Scnven, fo far as relates to the court houfe and wn,
gaol, fhall be in the centep of faid county, or fuch other place as may be adjudged
mod convenient for the citizens thereof, by James H. Rutherford, Francis Jones,
Martin Martin, Anthony Burnell, fenior, and Stephen Pearce, or a majority of them.
II. Be it farther enaBed, That the faid James H. Rutherford, Francis Jones, Empowered to
Martin Martin, Anthony. Burnell, fenior, and Stephen Pearce, or a majority of I f"^/6 kn<J
them, fhall be, and they are hereby fully authorized to purchafe or o-therwife pro- nencfeat..
cure a title, in fee fimple, for fuch lot of land a-3 they or a majority of them fhall.
judge moft convenient for. the feat of the aforefaid public buildings, containing not,
lefs than five nor more than fifty acres, in trull to and for the ufe and benefit of the-
faid county of Scriven,. and to let the building of a court houfe and gaol thereon to;
the loweft bidder, firft. giving twenty days public notice of fuch intentions.
III. Be it farther enaEied> That the houfe of Benjamin Warren fhail be confidered Courts— where
as the court houfe of the aforefaid.county, until the aforefaid buildings fhall. be com- t0 be hcld in thev
11 1 1 11 11 • »'• t'»'iii'"ii . mean time.
pleted,and no longer.; and that all monies which fliall be found necefTary to carry this
a£t into execution, fliall be. provided for by the inferior court of the aforefaid county,
by expofing to fale fuch part of the foregoing lot of land, as they may. deem proper, ,
o,r otherwife purfuant to an act in fuch cafes made and provided.
IV. And be it further enaBed, That the juftices of the inferior court in: the Inferior court of
county of Bryan, fhall be, and they are hereby authorized andrerapowered to eftablifli- BJ7an to eftab"
1 t -Li- c 1 ii'i-if . , 5. Hlh the feat of
and make permanent the ieat ot the public buildings in the faid county, at the public buildings
crofs roads, about two miles from Ogechee bridge, or at any other place within half in lhat county,j
a mile of the faid crofs roads ;,-, any law to, the contrary therof in any wife notwith-
ftanding : And that the juftices of the inferior courts for the faid county of Bryan,
be, and they are hereby empowered to make, purchafe of. ground fufficient for that
purpofe ;. Provided, the fame fhall. not exceed two acres, .and that, the fame be taken :
at a valuation of a majority of the faid juftices.
DAVID MERIWETHER, Speaker of the Haujk of Reprefentatives.
DAVID EMANUEL,, Prefdent of the Senate. .
Concurred, February 1, 1797.
JARED IRWIN, Governor.
4»a& M
(Ji8 DIGEST OF THE
A. D. 1797. An Acl to ejlabliflo a town on North Newport river, in the county of
No. 379. Liberty, for altering the place for holding the courts and eleclions
'within the faid county, and for appointing commijjioners to erect a
court houfe and gaol in faid town.
Preamble. ^ Ik 7"HEREAS, it has been found that the town of Sunbury, the prefent feat of
YV jufticefor the county of Liberty, is inconveniently fituated for conducting
the public bufinefs of the faid county ; And whereas, agreeable to a refolve of the
lafl; general affembly, authorizing and requiring the juftices of the inferior court of
the faid county to call a meeting of the inhabitants to take their fenfe by ballot for
fixing on a permanent fpot for the feat of juftice in the faid county, and where the
court houfe and gaol (hall be built, fo as to render the fame more convenient for the
majority of the inhabitants : It has been determined by a large majority of the citizens
of the faid county, that the town at North Newport bridge is the mod eligible place
for the feat of juftice ; And whereas, Matthew M'Allifter, Efq. hath offered to
convey a piece of ground, containing two hundred and thirty feet in length, and one
hundred and fifty feet in width, fituate near the faid bridge-, agreeable to a plan of a
town called Riceborough, hereunto annexed, and in fee fimple, without any price or
1 consideration other than a wifh and defire to promote and encourage the faid town,
and his regard for the inhabitants thereof;
CommhTioners I. Be it therefore enacted by the fenate and houfe of rep-refentatives of the State of Georgia
!°uarl hj'Rice- :n gcnera^ (ffembly met, That Thomas Stevens, Daniel, Stewart, Peter Winn, Joel
borough, lor the Walker and Henry Wood, be, and they are hereby appointed commiffioners to fee
tao" °U C ^ ^at tne f<luare as reprefented in the faid plan, be accurately admeafured and laid our,
in conformity to the plan of the faid town, to be called Riceborough, and to receive
good and fufficient titles in fee fimple for the faid public fquare, containing two hun-
dred and thirty feet north and fouth, and one hundred and fifty feet eaft and weft,
or as nearly fo as the public road will permit, and alfo the ftreets and lanes of the faid
town, as delineated in the faid plan, for the purpofc and ufe of a court houfe and
gaol in the faid county of Liberty.
And to fuperin- II. And be it further enabled by the authority aforefaid, That Thomas Stevens,
Srda,SekcbeUS Daniel Stewart, Peter Winn, Joel Walker and Henry Wood be, and they are hereby
the fame in re- appointed commiffioners for erecting and keeping in repair a court houfe and gaol
pair' within the faid fquare ; and that in cafe of the death, refignation, or refufal of any
of the faid commiffioners, his excellency the governor is hereby authorized and em-
powered to appoint fome other perfon or perfons to aft in his or their room.
The courts and III. And be it further enabled, That after the paffing of this a£t, the courts and elec-
helViTRkebo- il0riS heretofore held, and all other public bufinefs heretofore tranfacted at the faid
rough. town of Sunbury, (hall be held and tranfacled at the faid town of Riceborough, and the
feveral offices of faid county be thereto removed, any law to the contrary notwithftanding.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentaiives..
DAVID EMANUEL, Prefident of the. Senate,
Concurred, February r, 1797.
JARED IRWIN, Governor. An
LAWS OF GEORGIA. 6ip
An Aft to fix permanently the feat of the public buildings in the county A. D. 1 797.
of Montgomery. No' j8°*
WHEREAS, in and by an act of the legiflature of this State, pafFedat Augufta Preamble.
in the year of our Lord, one thoufand feven hundred and ninety-three,
entitled " An aft for laying out the feveral counties herein after named •" it was Permanent feat
enacted that Solomon Wood, John Watts, Francis Pugh, Benjamin Harrifon and ^"'■JS
Jefle Embiie, be appointed commiffioners for fixing on a proper place to erect a gomery—
court houfe and gaol in the county of Montgomery, and until fuch buildings be erected
the courts mould be held at the houfe of William Neal : And luhefeas, it now
appears by the reprefentatives of the faid county, that the buildings are prepared for
that purpofe at the plantation of Arthur Lott, on the Ohoopie, being the place
affixed on by the aforefaid commiffioners ;
I. Be it therefore enabled by the fenate and houfe of reprefentatives of the State of At Arthur
Georgia in general ajfembly met, That the courts, elections, and other county bufinefs, Lott's'
be hereafter tranfacted at the plantation of the faid Arthur Lott.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
DAVID EMANUEL, Pref dent of the Senate.
Concurred, February 8, 1797. . .
JARED IRWIN, Governor.
An A ft for the relief of the heirs of Simon Munra^ deceafed, No.. 581.
"HER.EAS, captain Harry Munro, late a Britifh fubject, died vefted of
real eftate in this State, and did by his will bearing date the fourteenth
day of November, and in the year one thoufand feven hundred and eighty, leave
the fame to the heirs of Simon Munro, late of this State, deceafed, who are citizens
of the United States :
I. Be it enabled by the fenate and houfe of reprefentatives of the State of Georgia in The heirs cf
general ajfembly met, and by the authority of the fame, That from and immediately cmahrpropepty
after the pafling of this act, the real eftate of the faid Harry Munro, late a Britifh vailed in them,
fubject, which has not been fold under and by virtue of the act of confifcation, is
hereby declared to be vefted in the heirs of Simon Munro, late of this State,,
deceafed.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives,
DAVID EMANUEL, Prefident of the Senate.
Concurred, February 8, 179.7.
JARED IRWIN, Governor.
An Aft to revife and amend the judiciary fyfi em of this State. No. 53*.
E it enaclcd by the fenate and houfe of reprefentatives of the State of Georgia in gene-- Three judgeaof
ral ajfembly met, and by the authority of the fame, That there fhall be three £0uftsP,:nor
judges of the fuperior courts in this State ; which judges ihall, before they enter
on
-\.
620 DIGEST OF THE
A. D. 1797. on the duties of their office, take tfce following oath or affirmation, either before
No. 582. tne governor or commiffioners by him appointed for that purpofe, to wit : — " I do
by them. folemnly fwear or affirm, that I will adminifter juftice without refpect to perfons,
and do equal right to the poor and to the rich ; and that I will faithfully and impar-
tially difcharge and perform all the duties incumbent on me as a judge of the fuperior
courts of this State, according to the bed of my abilities and understanding, and
agreeable to the laws and conftitution of this State, and the conftitution of the
United States. So help ms God."
The State di- II. And be it further enabled., That the State (hall be divided into three circuits in
circuits".0 ' the following manner, to wit.; The counties of Camden, Glynn, M'lntofh, Liberty,
Bryan, Chatham, Effingham and Bullock, fhall form the eaftern circuit j the counties
of Scriven, Burke, Montgomery, Waffiington, Warren, Richmond, Columbia and
Jefferfon, fhall form the middle circiut; and the counties of Greene, Jackfon,
jFranklin, Hancock, Oglethorpe, Elbert, Wilkes and Lincoln, ffi all form the weftern
circuit.
The judges to III. And he it further enabled, That the faid judges fhall prefide in each, circuit
alternate. alternately, fo that no two terms be held by the fame judge in the fame circuit
fucceffively.
A court to he IV. And be it further enacted, That the judges of the fuperior courts or one of
held twice a-yr. t]aem {h%\\ hold the faid courts in each county twice in every year, at the refpective
in each county. . , . .
.times, and in the manner following, to wit ::
In the EASTERN CIRCUIT.
The times for On the firft days of March and September in each year, in the county of Glynn ;
holding the on the feventh days of March and September, in Camden ; on the fourteenth days
tern circuit. of March and September, in M'Intoffi ; on the twenty-firft of March and September,
■in Liberty; on the thirtieth of March and September, in Bryan ; on the fourth of
April and October, in Chatham ; on the ninth of May and twenty-fourth of October,
in Effingham :: on the fixteenth of May and thirty-firft of October, in Bullock.
In the MIDDLE CIRCUIT.
in the middle ^n the firft day of March and September, in the county of Burke \ on the four-
tircuit. teenth of March and September, in Scriven ; on the twenty-fecond of March and
September, in Montgomery ; on the twenty-eighth of March and September, in
Waffiington'; on the eleventh of April and October, in Jefferfon ; on the fixteenth
of May and feventeenth of October, in Warren ; on the twenty-third of May and
November, in Richmond j on the fifteenth of June and twelfth of December, in
Columbia.
In the WESTERN CIRCUIT.
And in the wef- On the firft of March and September, in Hancock ; on the fourteenth of March
tern circuit. anc} September, in Greene ; on the twenty-eighth of March and September, in
Oglethorpe; on the fourth of April and October, in Jackfon ; on the eleventh of
April and October, in Franklin ; on the eighteenth of April and October, in Elbert;
on
LAWS OF GEORGIA.
621
on the twentieth of May and November-, in Wilkes *, on the firfl of June and
December, in Lincoln. Provided, That in cafe any of the aforefaid court days
(hall happen on Sunday, then and in that cafe, fuch. court (hall commence on the
next day thereafter. , ; -
V. And be it further enaEied, That the judges, attorney general and foiicitors, fhall
meet annually at Louifville on the tenth day of July, for the purpofe of forming
rules for the government of the fuperior court, determining on fuch points of law
as may be feferved for argument, and may require an uniform decifion, and for
giving their opinions on fuch constitutional and legal points as may be referred for
their confideration by the executive department. Provided always, That nothing
liereiri contained, (hall extend to, or be conftrued to authorize the judges to enter
upon any proceeding which may affect any caufe in its progrefs, to final decifion
agreeably to the conftitution, in the county wherein the defendant or defendants
refide ; nor fhall any order or decifion of the faid judges be promulgated, or tend
to preclude the admifhon of any new evidence which may arife in the progrefs of
any caufe prio'r'to the final decifion and entering up judgment thereon in fuch county ;
and that it fhall be the duty of the judge or judges prefiding in the refpective cir-
cuits, to make a report of the trial of every criminal Cafe of a capital nature, which
fhall be publifhed in one of the public gazettes, within fixty days after fuch trial
ihall have taken place. .
VI. And be it further enacJed, That the faid fuperior courts fhall have full power
and authority to hear and determine, by a jury of twelve men, all pleas civil and
criminal, and all caufes of what nature or kind foever, according to the ufages and
cuftoms of courts of law and equity, (except fuch as are hereby referred to inferior
jurifdiction) on the days and times before mentioned. And that it fhall and may
be lawful for the faid judge or judges to proceed with a jury, on petition and pro-
cefs directed to the faid judges in all difputes of a civil nature, cognizable by original
jurisdiction in the faid Court, for any debt Or damages, or any fum of money above
thirty dollars ; and if any cafe or matter in difpute requires equitable interpofition,
and a common law remedy is not adequate, the judge prefiding {hall exercife all the
powers of a court of equity, competent to compel the parties, plaintiff and defend-
ant in a caufe, to difcover on oath all requifite points neceffary to the invefligation
of truth and juflice; which proofs, when obtained, fhall be fubmitted to a fpecial
jury, whofe verdict fhall be final, and execution thereupon may be iffued.
VII. And be it farther enabled, That the faid fuperior Courts fhall have power to
iffue writs of fcire facias, mandamus, habeas corpus and all other writs which may be
neceffary for the exercife of their jurifdiction, and agreeable to the principles and
ufages of law and equity.
VIII. And be it further enaBed, That the fuperior courts fhall, in all cafes refpecl-
ing the difcovering the tranfacYions between co-partners and co-executors, compelling
diftributions if inteftate eftates, or payment of legacies, be competent to fuftain a
fuit by bill and proceedings therein until the fetting down of the caufe for hearing j
fuch fuperior court fhall then fubmit the merits of the fuit with the evidence thereon,
which
A. D. 17-97,
No. 5gz,
Provifo.
The. judges, at-
torney and foii •
citor general—
for what purpo-
fes to meet an-
nually at Louif-
viile.
Provifo,
The duty of the
judges to pub-
lifii reports of
all criminal
cafes, of a capi-
tal nature.
JurifdicSiorr of tlie
l'uperior courts.
Equitable po%v»ji
in certain calls.
May iffue all
necefiitry writs.
In what cafes
competent to
fuftain fuits hy
bill — the man-
ner of trying
the fame.
622
DIGEST OF THE
A. D. 1797.
No. 582.
An appeal may
be entered to a
fecond fpecial
jury.
The clerks may
in certain cafes
adjourn the
court.
The judges, at-
torney and foli-
citors general,
to frame rules
of practice.
The court may
adminiller all
necelfary oaths,
and punifh con-
tempts.
Proceedings in
civil cafes to be
by petition and
procefs.
How to be iffu-
ed & executed.
No fpecial plea
or demurrer to
be admitted.
Want of form
not to affect the
May be amend-
ed en motion.
which in all cafes, fhall be given viva voce in court (or otherwife within the rules of
the common law) and all matters refpecting the fame, to a fpecial jury, who (hall
give their verdict on the fame ; but if either party fhall be diffatisfied with fuch
verdict, an appeal may be entered in the clerk's office, within ten days after trial,
when a hearing of fuch caufe fhall again be had before another fpecial jury, and
fuch trial fhall be filial and concliifive.
IX. And be it farther enabled, That in cafe of unavoidable accident, if the faid
courts or either of them fhall fail to be held at the times refpedtively appointed for
holding the fame, the proceedings mail not be difcontinued ; but the clerk of the
faid courts refpedtively fhall, and may adjourn the faid fuperior courts from day to
day, not exceeding four days, until the faid court fhall meet; and in cafe the faid
courts fhall not meet and fit in that time, the faid clerk of the court as aforefaid^
fhall adjourn the fame to the next term of the faid court, to which time all caufes
then depending fhall be continued over. And for the more fpeedy determination and
orderly conducting of all caufes in the faid fuperior courts,
X. Beit enabled, That the judges, together with the attorney and folicitors general,
or a majority of them, fhall frame and agree upon a fet of rules of proceedings and
practice for all parties, practitioners and others, in the faid courts, which fhall be
the fame in all the faid counties, and which fhall in no cafe be altered but at a meet-
ing of the faid judges, attorney and folicitors general as aforefaid. And the faid
judges fhall have power to adminiller all neceflary oaths or affirmations, and to punifh
by ufual fine and imprifonment, at the difcretion of the judge or judges prefiding, all
contempts of authority in any caufe or hearing before the faid court.
PROCESS.
XL And be it further enabled, That the mode of proceeding in all civil" caufes in
the fuperior courts fhall be by petition with procefs annexed i which petition fhall
contain the plaintiff's charge, complaint, allegation or demand, plainly, fully and
di£tin£tly fet forth, and be figned by the party and his attorney ; and all petitions,
writs and procefFes of whatfoever nature or kind they may be, iffuing out of the faid
courts, fhall be drawn, (if required) iffued and figned by the clerk of each court
refpedtively, and bear teft in the name of one of the judges of the faid courts, and
directed to the fheriff of the county, returnable to the next fueceeding term, and he
executed by ferving a copy of the fame on the defendant or defendants, or leaving
fuch copy at his or their ufual place of abode, at leaft twenty days before the firft
day of the meeting of the court ; but that no fpecial plea, demurrer or rejoinder
fhall be admitted or allowed of in either of the faid courts ; and if either of the parties
are not prepared to proceed to trial, the court fhall, upon fufficient caufe being fhewn
on oath, grant a continuance thereon until the next term ; and no writ, . petition,
return, procefs, judgment or other proceeding in civil caufes fhall be abated, arrefted,
quafhed or reverfed for any defect: or want of form, or for any clerical miftake or
omiflion, not affecting the real merits of the caufe ; but the judge prefiding fhall caufe
the fame to be amended on motion in court, without any additional colts, and pro-
ceed
LAWS OF GEORGIA. 623
ceed to give judgment according to the right of the caufe and matter in law, as fhall A. D. 1797.
appear unto faid judge, without regarding any imperfections, defects, want of form, No. 58a.
clerical miftake or omiffion in fuch writ, return, procefs, petition, judgment, or
caufe of proceeding whatfoever j and all caufes in the faid courts fhall be managed cauas to be mo-
by council or the party or parties themfelves, under fuch order as the courts (hall or the parties.
eftablifh.
XII. And be it further enabled. That no perfon fhall be permitted by the court to No perfon fliall
- A \ * Y\ A
deny his bond, note, or bill for money or other thing, unlefs he (hall make affidavit J^tJoirbifl but
of the truth of fuch'denial. on oath.
XIII. And be it further enabled, That no caufe inftituted as aforefaid, be fuffered to Caufes not to be
lay over or be depending more than two terms, unlefs very fpecial caufe be fhewn than'^terrns0^
by affidavit of the party applying to put off the caufe, to induce the judge presiding
to lengthen or protract the time, which fliall not in all extend to more than three
terms.
EXECUTORS and ADMINISTRATORS.
XIV. And be it further enacted, That no fuit fhall be inftituted or execution iffue Executors and
againft an excutor or adminiftrator for any debt or demand due or owing by any L^ow loneex-
teftator or inteftate, until the expiration of twelve months from and after the death empt from fuit
of fuch teftator or inteftate ; and all fuits depending in any court within this State at
the time of his or her death, fhall remain undetermined until the time limited as
aforefaid fhall expire \ and to prevent delays, no procefs fhall abate by reafon of the Suits, not to a-
death of a teftator or inteftate ; but fuch death being fuggeft^d of record, the fuit ;fattehe caufe of
fhall not be difcontinued, provided the caufe of action fliall furvive, either for or action furviies.
againft fuch executor or adminiftrator as the cafe may happen.
DISTRESS for RENT.
XV. And be it further enabled, That in all cafes where diftrefs for rent fliall take Diftrefs for rent
place, no replevin fhall be granted unlefs oath be made by the perfon or perfons ap- but1onoa^h.Vin'
plying for the fame, that he, fhe or they are not indebted to the perfon fo making
diftrefs in the fum diltrained for : Provided, That nothing herein contained fhall debar Provifo.
the perfon or perfons fo applying for a writ of replevin to bring fuit againft the perfon
levying the diftrefs, in any court of this State, for or on account of illegality therein.
BAIL.
XVI. And be it further enabled, That in all cafes where bail fhall be reqiured the Bail,
amount of the debt or damages fliall appear by the oath of the plaintiff or plaintiffs,
or his or their agent or agents, before any judge or juftice of the peace, which fliall
be filed of record in the clerk's office, and a copy thereof fixed to the copy or copies
of the procefs ; and thereupon the fheriff fliall take a bail bond, with fufficient fecu-
rity, for the appearance of the defendant or defendants, at the court to which fuch
writ or procefs may be returnable ; and if the defendant or defendants fhall not appear
agreeably to the tenor of the faid bond, or to enter fpecial bail to anfwer the action,
and to pay the condemnation money thereof, or render the defendant into court, it
fliall
<524 DIGEST OF THE.
A. D. 1796. {hall be the duty of the fherifF, on application therefor, to endorfe or make an. afligr-i.-
No. 566. ment of the bail bond to the plaintiff or plaintiffs,, who may recover the amount due.
and owing by the defendant, with legal intereft, by action of debt founded on the
fame, againft the principal and bail : Provided, That any perfon or perfons becoming
bail for any defendant's appearance at court, fhali be exonerated from fuch engage-
ment by furrender of fuch defendant in court, or in cafe there fhould be no court,,
by delivering him to the fherifF, at any time during the time allowed for holding fuch
On payment of court : And provided, That the faid bail on paying cofts, fhall be at liberty to .enter
fpedaMwfl^at foeciaI °ail at any tirne before trial j. but no- imparlance, advantage or delay fhall be
anytime. had; or taken thereupon \ but the proceedings, thereon fhajl be made up immediately*
and come on in the fame courfe and order as fuch. original action flood on the docket:,
of the court 3, and. the proceedings againft fpecial bail fhall. be in. the form now ufed in.
the courfe and practice of the faid courts refpedtjtvely..
MORTGAGES.
Mortgages — XVII. And be it further enacted by the authority aforefaid, That the method of fore*.
cloJfcd/ °re" c'°fing mortgages in this State fhall be as follows :.-. Any perfon applying and entitled
to foreclpfe a mortgage,, or his or their attorney, fhall petition, the fuperior court of
the county wherein fuch mortgaged property may be, ftating the cafe and the amount
of his, her or, their demand, and defcribing fuch mortgaged property ; and the court
fhall grant a rule that the principal,, intereft and cofts be paid into court within twelve
months thereafter ; which rule fhall be publifhed in. one of the public gazettes of
this State, or ferved on the mortgagee or his attorney, at leafl nine months previous
to the time when the money may be directed to be paid ; and unlefs the principal,
intercfts and cofts be fo paid, the equity of redemption fhall be from thence foreclofed:;
In cafe of any difpute as to the amount due on any mortgage, the court fhall on ap-
plication, appoint one or more fit perfons to audit and liquidate the fame with liberty
of an appeal thereon, or the faid court may fubmit any other matter refpecling the
fame to a fpecial jury", which fhall -be. taken from the grand inqueft as in other appeals3i
whofe decisions fhall be final,
The property to XVIII. And be it further enabled, That in all cafes of foreclofure of mortgages.
execution ""ex- (except where the State may be a party) the plaintiffs fhall be compelled to take out
tept where the execution againft fuch property andthe fheriff fhall feize and fell fuch property at
*■ ' •" public outcry, with like notice, and under the fame rules as are prefcribed for the fale
of fuch property by virtue of a common execution, and after paying the plaintiff the
amount of his debt and cofts, fhall pay over the overplus (if any there be) to the de-
fendant, or if the defendant be not in the State, fhall pay fuch overplus to the clerk.
of the court, to be kept and fecured for fuch defendant,
ATTACHMENTS.
Attachments— XIX. And he it further enacled; That it fhall and may be lawful for the judges or -
to be^ffwdTnd eitn€ro^ ^em, upon complaint on oath by any perfon, that his debtor refides or is
ferved. actually removing without the limits of. this State, or abfconds or conceals himfelf or
Hands'
LAWS OF GEORGIA. fo5
(lands in defiance of a peace officer, fo that the ordinary procefs of law cannot be fer- A. D. 1797.
ved upon him, to grant an attachment againft the eftateof fuch debtor, or fo much No* 5^7"
thereof as fhall be of fufficient value to fatisfy the plaintiff's demand and cofts ; which
attachment fhall be directed to, and ferved by the fheriff of the county, where the
property may be found, or his deputy or any conftable ? and it fhall be the duty of
fuch fheriff or deputy or any conftable to ferve and levy the fame upon the eftate
both real and perfonal of fuch debtor wherever the fame fhall be found, either in
the hands of any perfon or perfons indebted to, or having effects of fuch debtor,
and to fummon fuch perfon or perfons to appear at the next court to be held for the
faid county, and to which the faid attachment may be returnable, there to anfwer
upon oath what he is indebted to, or what effects of fuch party he hath in hands,
or had at the time of ferving fuch attachment, which being returned executed, the
court may by order compel fuch perfon to appear and anfwer as aforefaid : Provided,
That the faid judges before granting fuch attachment fhall take bond and fecurity of
the party for whom the fame may be granted, in double the fum to be attached,
payable to the defendant, for fatisfying and paying all cofts, which may be incurred
by the defendant in cafe the plaintiff fuing out fuch attachment fhall difcontinue or
be caft in his fuit, and alfo all damages which may be recovered againft. the faid
plaintiff for fuing out the fame ; which bond fhall be returned to the court to which
the attachment may be made returnable, on or before the laft day of the term ; and
the party entitled to fuch cofts and damages may bring fuit and recover thereon ; and
every attachment iffued without fuch bond taken, or where no bond fhall be returned
as afoiefaid, is hereby declared to be illegal, and fhall be difmiffed with cofts:
Provided always, That every attachment which may be iffued as aforefaid, fhall
be attefted bv the judge iffuing the fame, and be by the fheriff or perfon authorized
to ferve the fame, publicly advertifed at the court hpufe of the faid county, at leaft
thirty days before the fitting of the court ; and if any attachment fhall be iffued:
within thirty days of the next court, fuch attachment fhall be made returnable to the
court to be held next after the expiration of the faid thirty days, and not otherwife ;
and all attachments iffued and returned in any other manner than is herein before
directed, fhall be, and the fame are declared to be null and void \ and all goods, Propertyattaehs
chattels, lands and tenements, fubject to fuch attachments, fhall be repleviable by ^i,,'t>w reple''
appearance and putting in fpecial bail, or by the defendants giving bond with good
and fufficient fecurity to the fheriff or other officer ferving the fame, which bond he
is hereby empowered and required to take, compelling'the defendants to appear at
the court to which fuch attachments fhall be returnable, and to abide by, and perform
the order and judgment of fuch court: Provided always, That all goods and effects if not replevied
attached and not replevied as aforefaid, where the fame fhall appear to be of a bfirifh- ^ of a Penfh*
r ..,. , . f able nature, may
able nature, on motion of the plaintiff or his attorney, the court may and is hereby be fold by order
authorized and required to order a fale of fuch perishable property ; and the monies ot court"
arifing from fuch fales fhall be depofited in the clerk's office by the fheriff or other
officer felling the fame, to anfwer the demands of the plaintiff (if eftablifhed) and
vhe balance, (if any) after fatisfying fuch demands and all coils, fhall by order of the
faid court be returned to the defendant or his attorney.
4 K.
6z6
DIGEST OF THE
A. D. 1797. XX. And be it further enabled, That if any attachment fhall be returned executed,
No. 58?-. and the property attached {hall not be replevied as aforefaid, the fubfequent proceedings
cecdh? "sphere- thereon fhall be the fame as on original procefs, againft the body of the defendant, where
on— how to be there is a default of appearance ; and all fuch goods and chattels, lands and tene-
ments, not replevied, fhall after the plaintiff has eltablifhed his demand, be by order
of the court fold and difpofed of for and towards the fatisfaction of the plaintiff's
judgment in like manner as if the fame had been taken under execution ; and when
any attachment fhall be returned, ferved in the hands of a third perfon, it fhall be
lawful upon his appearance and examination in the manner herein before directed,
to enter up judgment as againft the original debtor, and award execution againft fuch
third perfon for the monies due by him to the abfent debtor, and againft fuch effects
or property as may be in his hands or keeping, belonging to fuch debtor, or fo much
thereof as will be of value fufficient to fatisfy the judgment thereon and cofts.
Evidence— how
to be taken on
interrogatories.
The court may
order books and
papers,to be pro-
duced on trial.
May perpetuate
teftimony as
practifed in c-
quity ; and may
eftablifh loft pa-
pers, deeds &c.
Mutual debts &
fettsoff — on due
notice, defendt.
may recover a-
gainft the plain-
tiff.
.Courts of record
■ — witneffes free
from arreft.
EVIDENCE and SETTS-OFF.
XXI. And be it further enabled, That where any witnefs refides out of the State,
or out of any county wherein his teftimony is required in any caufe, it fhall be lawful
for either party, plaintiff or defendant, or his attorney, on ten days notice given to
the adverfe party, or his attorney, accompanied with a copy of the interrogatories
intended to be exhibited, to obtain a commifiion from the clerk of the faid court,
directed to certain commiffioners, to examine all and every fuch witnefs or witneffes
on fuch interrogatories as the parties may exhibit ; and fuch examination fhall be
read at the trial of the caufe if either party fhall think proper.
XXII. And be it further enabled, That the faid courts fhall have power on the
trial of all caufes, on motion and due notice thereof given, to require the parties
to produce books, or writings in their poffeflion, or power which contain evidence
pertinent to the cafe in queftion, and under circumftances, where they might be
compelled to produce the fame by ordinary rules of proceedings in equity ; and if a
plaintiff fhall fail to comply with fuch order to produce fuch books or writings, it
fhall be lawful for the faid courts, on motion, to give like judgment for the defend-
ant, as in cafes of non-fuit ; and if the defendant fhall fail to comply with fuch order
to produce books or writings, it fhall be lawful for the faid courts, on motion as
aforefaid, to give judgment againft him or her by default.
XXIII. And be it further enabled, That the faid fuperior courts fhall have power
to perpetuate teftimony, on the ufual terms, practifed in courts of equity j and alfo
to eftablifh copies of loft papers, deeds and other writings, under fuch rules and
precautions as are and have been cuftomary and according to juftice-
XXIV. And be it further enabled by the authority aforefaid, That in cafe of mutual
debts and fetts-off, where the jury fhall find a balance for the defendant, fuch defendant
fhall be at liberty to enter up judgment, and take out execution thereupon ; provided
notice of fuch fet-off be ferved on the plaintiff or his attorney on or before the laft
day of the firft term.
XXV. And be it further enabled, That the faid courts fhall be courts of record,
and witneffes neceffarily going to, returning from, and attending on the fame, fhall
be free from all arrefts by any civil action. SPECIALTIES.
LAWS OF GEORGIA. 627
SPECIALTIES. A.D. 1797.
XXVI. And he it further enat~led> That all bonds and other fpecialties, and all All bonds, notes
promiffory notes and other liquidated demands, bearing date at any time fince the aj"? ot^* fPeci"
ninth day of June, one thoufand feven hundred and ninety-one, whether for money 1791, of equal
or fpecific articles, fhall be of equal dignity, and be thereafter negociable by endorfe- gJ^biVby af-
ment, and may be fued by the endorfee or affignee, in his, her or their name, any fi^nment unkfs-
law to the contrary notwithstanding : Provided^ That nothing herein contained fhall re raine
prevent the party giving any bond, note or other writing, from reftraining the nego-
ciability thereof, by expreffing in the body thereof fuch intention.
JURIES.
XXVII. And be it further ena5iedy That the clerks- of the fuperior courts of the Jury lifts— haw
refpective counties fhall procure from the tax collector of fuch county, and furnifli tobie"ladc out;
to the court (within two months) a lift of perfons liable and qualified to ferve as jurors; may be
grand and petit jurors agreeable to the qualifications herein after prefcribed ; and all chaCiien|e but
free white male citizens above the age of twenty-one years and under fixty years, not after being
are declared to be qualified and liable to ferve as petit jurors for the trial of all civil
caufes, for recovery of debts or damages to any amount whatever -y but no perfon
fhall be capable to be of a jury for the trial of treafon, felony, breach of the peace,
or any other caufe of a criminal nature, or of any eftate of freehold or of the right
or title to any lands or tenements, in any court of record within this State, who fhall
not be qualified to vote at elections for members of the legiflature j and if any per-
fon not qualified as aforefaid, fhall be returned on any jury, he fhall be difcharged
on the challenge and proof thereof, of either of the parties to fuch fuit, or on his
own oath of the truth thereof : Provided^ That no exception againft any juror, on
account of his qualification, fhall be allowed after he is fworn.
XXVIII. And be it further enaSied, That the clerks of the feveral courts are The lifts to. be
required in prefence or under the direction of the fudge or judges of fuch court, corre(S(;d annu-
c\ . • n 1 ■ <• • allybythecterkfr
to regulate and correct the feveral jury lifts annually, by particularly fpecifying, in under the direc-
diftinCr. columns, the perfons moft able, difcreet and qualified as herein mentioned, tlon of che judg-
'■■..,*. * l ' es. Lrrancl ju-
to ferve as grand jurors i which lift, fo corrected, fhall be committed to the fafe rors— how to be
keeping of the clerks of fuch courts reflectively ; and the clerks of fuch courts, e e e
fhall immediately after receiving fuch lifts, fairly enter the fame in a book for that
purpofe to be provided by fuch clerk, (at his own expence) diftinguifhing in feparate
columns the perfons felected to ferve as grand jurors, and thofe for the trial of civil
and criminal caufes as aforefaid ; and the names of the feveral perfons fo felected^
fhall be written on feparate pieces of paper, and put into the different apartments
of a jury box, to be provided by the clerk at the public expence, in the conftruction
and manner herein after prefcribed, to wit : There fhall be an apartment in the faid The names cf
jury box, marked number one, in which fhall be placed the names of all the perfons whaticind^'a
feledled as grand jurors, and another apartment marked number two, into which box to be placed
fhall be put the names of all the perfons felec~ted for the trial of civil and criminal
caufes as a/orefaid j which box fhall be kept locked,, and no jury fhall be drawn or
impannelled>
62$ "^DIGEST OF THE
A. D. 1797. impannelled, but in the prefence of one or more of the judges and the clerk of the
No. 58a. court ; nor (hall any clerk of the court or other perfon having the cuftody of the
jury box, prefume on any pretence whatsoever, to open the faid jury box, tranfpofe
or alter the names, except it be in the prefence of the judge or juftices officially
attending for the purpofe of drawing jurors, or correcting the lifts, under penalty
of being dealt with in the manner herein pointed out for mal-praotice in office.
The maimer of XXIX. And be it further enacled. That the faid judge orjuftices and clerk of the
drawing junes. court) 0r perfon having the cuftody of the key, (hall previous to the adjournment
of any fuperior court, or at leaft two months prior to the fitting of the next court,
caufe to be drawn out of the apartment of the faid box marked number one, not
lefs than twenty-three or more than thirty-fix names as grand jurors ; and out of the
apartment marked number two, not lefs than forty-eight, or more than feventy-two
names as petit jurors for the trial of civil and criminal caufes as aforefaid ; which
names fo drawn out fhall after an account is taken of them, at each term or time of
drawing, be carefully rolled up again, and depofited in two other departments to be
provided in fuch jury box, marked number three and four, (to wit) the names of the
grand jurors in the divifion number three, and the names of the petit jurors in the
divifion number four ; and when all the names fhall be drawn out of the apartments
number one and two as aforefaid, they fhall then commence drawing from the apart-
ments number three and four, and return them into the numbers one and two, and
-fo on alternately.
A grand jury— XXX. And be it further enabled, That no grand jury fhall confift of lefs than
to-confift. ' eighteen or more thafi twenty-three, but twelve may find a bill, or make a prefer-
ment, and that the names of the feveral jurors to be drawn as aforefaid, fhall imme-
diately after they are drawn out, be entered by the clerk on the minute book of fuch
Juries— how to court j and if it fhall fo happen that from any unavoidable circumftance the judge
abfaHfce^oTthe ^ia'^ not attend at the time appointed -for holding the fuperior court in any county,
judges. he fhall neverthelefs attend in perfon for the purpofe of drawing jurors, or fhall
tranfmit to the juftices of .the inferior court of fuch county, a requeft in writings
that they or any two of them attend at the clerk's office, at fome convenient day, at
leaft two months preceding the next term, for the purpofe of drawing grand and
petit jurors in manner herein before directed ; and the faid judges of the fuperior
courts, are declared to be refponfible for the legal and regular drawing of juries in the
. re fpecStive circuits in which they may prefide': And in cafe of fuch unavoidable cir-
cumftance Specially Hated by any judge of the fuperior court, the faid juftices or any
two of them fhall, and are hereby required to conform to fuch requefts, by attend-
Provifo. ing and drawing juries agreeably to this act : Provided neverthelefs. That where juries
have already been drawn in any county for the next term under the late judiciary adtj
fuch jury fhall ftand over and be confidered as the legal juries under this lav/.
The precept for XXXI. And be it further enabled. That the clerk of the court fhall annex a
iunmionnig ju- p.in,ie] Qf the iury containing the names of the perfons drawn to ferve on the grand
ries — how to be -r ■> 1 ° -r ©
made out. inqueft., exactly tranferibed from the minute book, to the precept for fummoning
fuch grand jury, and fhall alfo annex another pannel containing the names of the
perfons drawn as petit jurors, for the trial of civil, and criminal cafes, exactly tran-
feribed
LAWS OF GEORGIA. 6i?
fcribed as aforefaid, to the precept for fummoning the petit jurors, in the mandatory A. D. 1797.
part of which precept fhall be written, the words following, viz. "the feveral perfons No- i8j-
named in the pannel hereunto annexed ;" which precept with their feveral pannels
annexed as aforefaid, fhall be delivered by the clerk of the court within three days
after the drawing of fuch juries as aforefaid, to the fheriff of the county or his deputy.
XXXII. And be it further enabled, That the fherifF or his lawful deputy for the Tn what manner
time being, upon the receipt of any precept for fummoning grand or petit jurors, ° e ervt "
fhall caufe the feveral perfons whofe names are written in the pannel thereunto an-
nexed, to be ferved with a fummons at leaft ten days before the fitting of the court
for which they are drawn and impannelled ; which fummons fhall be in the following
words, or words to that effect, ; " By virtue of a precept to me di reeled, you are hereby
commanded to appear before the judge of the fuperior court, at the next fuperior court, to
be held at the court houfe in and for the county of on the day of
at ten o'clock in the forenoon of that day, to be fworn on the grand jury (or as a juror for
the trial of civil and criminal caufes then and there depending, as the cafe may be; J"
which fhall be figned by the fheriff or his lawful deputy for the time being ; which
fheriff or lawful deputy aforefaid, fhall make return of all fuch precepts, in each
of which he fhall fet forth the names of all fuch perfons as fhall have been fummoned
by virtue of fuch writs or precepts, and the time when they were fummoned, and
alfo the names of thofe perfons whom he may not have fummoned, together with
the reafons why they were not fummoned, on pain of being fined by the court.
XXXIII. And be it further enabled, That the clerk of the court fhall make due Jurors in default
entry in the minute book of fuch court, of the appearance of all jurors, and like wife — m w£stmatJ-
rr ■> ner to be fined.
fhall enter and make report of the names of all fuch as fhall make default in appear-
ing ; that if any perfon who fhall be drawn, impannelled, fummoned and returned
to ferve as jurors at any court as aforefaid, fhail neglect or refufe to appear, or after
appearance fhall refufe to ferve, or fhall abfent himfelf without leave of the court, *
then and in that cafe it fhall be lawful for the court to fine fuch perfon : If a petit
juror, in a fum not exceeding twenty dollars, and if a grand juror in a fum not
exceeding forty dollars, unlets fuch juror fhall fiiew good and fufficient caufe of ex-
cufe, to be made on oath before any juftice of the peace, and filed in the clerk's
office of fuch court, within thirty days after opening the faid court; the merits of
which excufe fhall be determined by the next fucceeding court ; and when from The pannel to
challenge or otherwife there fhall not be a fufficient number of jurors to determine £y.jftander7'(rf
any civil or criminal caufe, the court may order the fheriff or his deputy, to fum- others.
mon by-ftanders or others, qualified as herein before required, for the trial of fuch
caufe or caufes; fufficient to complete the pannel ; and when the fheriff or his deputy The coroner to
are difqualified from a£t,inpr in the manner herein expreffed, iurors fhall be fummoned funimo1! Jurors
t o r •> j ^ in certain cales.
by the coroner, or fuch other difinterefted perfon as the court may appoint.
XXXIV. Ar.d be it further enabled, That the oath to be adminiftered to petit
jurors in civil cafes, fljall be in the form following: "You, A. B. fhall well and Petit jurors
truly try the caufe depending between the parties at variance, and a true verdict give oa''a,
according to law an'*.; the opinion you entertain of the evidence1. So help you God."
SPECIAL
6-\o
DIGEST OF THE
manner to be
flruck.
A. D. 1797. SPECIAL JURY.
No. ?8a.
Special juror's to XXXV. And be it further enabled, That all fpecial jurors fhall be taken from
be taken from the grand jury lift of the county, and flruck in the prefence of the eourt, in the
lilt— irfwhat following manner : The clerk fhall produce a lift of the grand jurors prefent and
there impannelled, from which the party plaintiff and defendant, or their attorney,
fhall ftrike out one alternately, until there fhall be but twelve jurors left, who fhall
forthwith be impannelled and fworn as fpecial jurors to try the appeal caufe \ and in
all cafes the appellant fhall ftrike firft ; and in cafe of refufal in either to ftrike fuch.
fpecial jurors after due notice given for the purpofe and proof thereof, the judge
before whom fuch notice is given for fuch fpecial jury to be impannelled, fhall, on
behalf of fuch abfent party or his attorney, proceed in the fame way and manner as
if the party abfent or refufing had been prefent or confented to the fame.
XXXVI. And be it further enabled, That the oath to be adminiftered to fpecial
jurors fhall be in the words following, to wit : " You fhall well and truly try the
caufe now depending between A. B. appellant, and C. D. refpondent, and a true
verdict, give according to equity, and the opinion you entertain of the evidence pro-
duced to you, to the beft of your fkill and knowledge, without favor or affection
to either party. So help you Gcd"
Special jurors
oath.
Verdicts &judg.
ments; executi-
on— how tc be
ftaid; property
of defendants-
bound from the
firft verdi<5t,
which bears in-
rereft ; an ap-
peal may be en-
tered and a new
trial granted.
Provifo.
The jury may
afiefs damages
for the delay.
A mis-trial — in
what cafes.
Confeffion of
judgments — in
what manner to
be entered up,
VERDICTS, JUDGMENTS and APPEALS.
XXXVII. And be it further enabled, That the plaintiff or his attorney fhall not be at
liberty to fign judgment within four days after verdict, within which time the party
againft whom fuch verdict fhall pafs, upon giving fecurity, may flay execution fixty
days after the end of the court •, but all the property of the defendant fhall never-
theless be bound from the day of obtaining the firft verdict, which fhall bear intereft
until paid j and in cafe either party fnall be difTatisfied with the verdict of the jury,
that then and in fuch cafe either party may within four days after the judgment of
the court, (in all cafes) enter an appeal in the clerk's office, which fhall be admitted
and a new trial granted, and tried the next term by a fpecial jury. Provided., The
perfon or perfons fo appealing fhall, previous to obtaining fuch appeal, pay all cofts
that may have arifen on the firft trial, and give fecurity for the eventual condemna-
tion money, or to render the defendant in difcharge thereof, and that no executors
or adminiftrator, as fuch, fhall be liable to give fuch fecurity : But if on hearing
fuch appeal and new trial, it fhall appear, and the court fhall certify that the appeal
was frivolous or intended for delay only, then the court fhall direct the jury trying
the appeal caufe to affefs damages to the party aggrieved for fuch delay, not exceed-
ing ten per centum ; and in cafe of a jury committing contempt on breaking up
before giving in their verdict in civil cafes, the court may declare the fame to be a
mis-trial.
XXXVIII. And be it further enabled. That no confeffion of judgment fhall here-
after be entered up, but in the county wherein the defendant or defendants refide,
nor unlefs the caufe hath been regularly fued out and docketed in the ufual way as
in other cafes, nor until fuch caufe be called in order by the court for trial.
XXXIX.
LAWS OF GEORGIA, 6ri
j
XXXIX. And be it further enabled, That no verditl: fhall be received on any un~ A. D. 1797.
liquidated demand, where the jury have increafed their verdicl: on account of interefl, No- S^-
nor fhall interefl be given on any open account in nature of damages. be allowed on
open accounts-.'
ARBITRATION.
XL. And be it further enabled, That in all matters fubmitted to reference by parties Arbitrations.
in fuit under a rule of court, or other agreement in writing, figned by the parties,
judgment fhall be entered up by the party in whofe favor the award is given, and
execution fhall iffue for the fums awarded to be paid as they refpedHvely become
due, and to be levied on the property of the party againft whom the judgment fhall
have been entered up, and fuch other proceedings fhall be had thereon by the court,
as in cafes of judgments entered up on verdicts of juries. Provided, That no
judgment fhall be entered up on an award, where it fhall appear any other caufe or
caufes ftand on the docket of the court againft the defendant or defendants undeter-
mined, before the caufe in which a rule or other agreement in writing for arbitra-
tion is entered into.
EXECUTION.
XLI. And be it further enabled, That all executions fhall be directed, to all and Executions— in
lingular the fheriffs of the State, be figned by, the clerks, and bear teft in the name •ffUet#manaert*
of one or more of the judges of the court; and may be levied on the eftate, both
real and perfonal, of the defendant, or ifTue againft the party caft, in any county of
the State.
XLII. And be it further enabled, That no injunction on any judgment obtained No injunction t»
in the fuperior court fhall be ifTued or allowed of; but in all cafes where execution w^ty ^n'thc
fhall ifTue illegally on matters which fhall have arifen fubfequent to judgment, or the 'filing of exe-
fheriff fhall execute property claimed by any other than him againft whom fuch ex- claims to pro-
ecution ifTued, in which latter cafe it fhall appear by the oath of the perfon fo claiming Pe"y levied °n
or by the oath of his attorney, it fhall be the duty of the fheriff to poftpone the fale tried.
or further execution of the judgment until the next adjourned court or term of the
fuperior court, whichever may firft happen ; and fuch court fhall itfelf determine
on the legality of fuch execution, and fhall caufe the right of property to be decided
on by a jury at fuch court (if in term time) or at the next court thereafter, if fuch
report be made at an adjourned court : Provided, The perfons claiming fuch property prov;ft
©r his attorney, fhall give bond to the fheriff, with fecurity in a fum equal to the
amount of the execution, conditioned to pay to the plaintiff all damages which the
jury on the trial of the right of property may affefs againft him, in cafe it fhould ap-
pear that fuch claim was made for the purpofe of delay ; and every juror on the The jury may-
trial of fuch claim, fhall be fworn in addition to the oath ufually adminiftered, (to *Re\ damage
give fuch damages as may feem reafonable and juft to the plaintiff againft the claimant,
in cafe it fhall be fufficiently fhewn that fuch claim was intended for delay only) and
it fhall be lawful for fuch jury to give verdicl: in manner aforefaid, by virtue whereof
execution may ifTue againft fuch claimant ; And provided alfo, That the burthen of The burthen of
the proof fhall lay with the plaintiff in the execution. Ku'^e^miaa""
XLIII.
632 DIGEST OF THE
A. D. 1797. XLIII. And be it further enabled, That no fales in future fhall be made byfheriffs
No. 582. 0f property taken under execution, but on the firft Tuefday in every month, and
in what manner between the hours often and three o'clock in the day ; and it (hall be the duty of the
to be advertifed fheriffs to give thirty days notice in one of the public gazettes of the State, of all fales
of lands and other property executed by him, and alfo advertife the fame in three of
the mod public places in the county where fuch fales are to be made; and (hall give a
full and complete defcription of the property to be fold, making known the name of
the defendant and the perfon who may be in poffeffion of the property (except horfes,
hogs and cattle) which may be fold at any time by the confent of the defendant ; and
in which cafe it fhall be his duty to give the plaintiff ten days notice thereof, and
alfo advertife the fame in three or more of the mod public places in the county where
fuch property may be, at leaft ten days before the fale.
OFFICE of ATTORNEY GENERAL.
Office of attor- XLIV. And be it further enacltd, That the office of attorney general fhall be, and
beBenbrmedbv is ^ereDy declared to be vefted in, and the duties thereof fhall be performed by three
three perfons, perfons, to be ftyled the attorney and folicitcrs general ; one to attend the eaftern,
liators general" one tne middle, and another the weftern circuit, who fhall execute their office jointly or
one to -attend in feverally, and fhall be fworn to the faithful execution of the duties thereof; and the laid
attorney and folicitors general fhail, previous to their entering into the duties of their re-
fpeciive appointments, feverally give bond to his excellency the governor and his fuc-
ceflors in office, with two good and fufficient fecurities which fhall be approved of by his
\ excellency the governor, or one of the judges of the fuperior courts, in the fum of
five thoufand dollars, conditioned for the true and faithful performance of the duties
of their refpeclive appointments ; which bonds fliall be taken by his excellency the
governor, or either of the judges of the fuperior courts, and (hall be depofited in the
fecretary of State's office ; and it fhall be their duty to profecute all delinquents for
crimes and other offences cognizable by the faid courts, and all civil actions in which
this State fhall be concerned, and to give advice or opinion in writing to his excellency
the governor, in queftions of law in which the State may be interefted.
And whereas, it may happen that neither the attorney general or either of the foli-
citors can attend at fome of the faid courts ;
F abfent, the XLV. Be it therefore enacted, That in fuch cafe the judge prefiding may, and he
iwuit. P" *s hereby authorized and required to appoint fome attorney at law, or other fit and
proper perfon, to prepare and profecute indictments and other bufmefs of the State ;
and fuch perfon fo appointed, fhall be entitled to the fame fees and emoluments therein
as the attorney or folicitors general would be entitled to, and the attorney and folici-
tors general fliall be allowed a falary of one hundred and fifty dollars each, per annum.
CLERKS or the SUPERIOR COURTS.
Clerks of thefu- XLVI. And be it further enacled, That the clerks of the faid fuperior courts fliall,
the^r oath"r & * before they enter upon the duties of their office, take the following oath or affirmation
before one of the judges of the faid court or juitices of the inferior court, to wit:
** I do folemnly fwear or affirm, that I will truly and faithfully enter and record all
the
LAWS OF GEORGIA. 633
the orders, and decrees, judgments and proceedings of the fuperior court for the A. D. 1797.
county of and all other matters and things which may be brought to No- 5^~
me, or by law ought to be recorded, and that I will faithfully and impartially difcharge
ana perform all the duties of my faid office, according to the belt of .my abilities and
uuderflanding. So help me God." And that the clerks of the faid fuperior courts mall To keep regular
keep regular and fair minutes and dockets of all court bufmefs which fhall be fismed u"'?-ut8Sj ,ct" ,to
to o be limned by t!ni
by the prefiding judge or judges on the bench, as far as the fame may be gone through prefidingjudge,
prior to the adjournment from day to day, and fhall give bond, with two feeurities, and ferity,
to the governor or commander in chief and his fucceffors in office, in three thoufand
dollars, for his good conduct while in office, which bond fhall be depofited i:: the
public treafury : And that the clerks of the fuperior and inferior courts throughout this Clerks of the fu-
State be, and they are hereby declared to be juftices of the peace, ex offzeies, fo far riorcourfai may
as to authorize them to adminifter all paths which relate to bufmefs appertaining to 'adminifteroaths
their faid offices.
XLVII. And be it further enacted. That if any clerk fhall be guilty of extortion or Hew to be pu-
other mal-practice in the execution of his office, upon complaint made on oath to the jf- "^'ff.
rattorne.y or folicitors general, it fhall be the duty of fuch attorney or folicitor general lice,
to exhibit a bill of indictment againft the perfon fo offending ; who upon conviction
thereof, fhall be fined or removed from office, and fuffer fuch other punifhment as the
law directs.
XLVIII. And be it further entitled, That no clerk of a court or other perfon No clerk to a<ft
employed in his office fhall act as an attorney in his own name or the name of any as an attorney-
pther perfon, or be allowed to plead or practife in any of the courts of this State
during the time he is in fuch office.
XLIX. And be it further enacled, That the fum of two dollars (hail be paid on all state fee op
fuits commenced in the fuperior or inferior courts when the debt or damages fued s"
for exceed the fum of five hundred dollars, and the fum of one dollar and fifty
cents when the fum fued for does not exceed that amount, to be paid to the clerk by
fhe plaintiff before the fuit or procefs iffues, for the ufe of the State, which fums
fhall be charged in the bill of cofts ; and the clerks of the refpective courts of ?.ll
the counties in this State, are hereby required to make annual returns to the treafurer
on oath, on or before the firft <*ay of January in every year, of the number of fuits
commenced, and the fums received thereon, and fhall at the fame time remit to the
treafurer the amount of fuch return, deducting three per centum ,- and any clerk
failing to make fuch returns, and to pay or remit the monies as aforefaid, fhall, on
complaint made by the treafurer to the judge or juftices of their refpective courts,
be liable to a writ of attachment for contempt, and fined at the difcretion of the
court ; and continuing in default may be difmiffiid. from office, and fuffer execution
from the treafurer in like manner as tax collectors ; and the faid clerks of the feverai
courts fhall be entitled to fifty cents for each execution by them iffued.
L. And be it further enacled, That any attorney or attornies who fhall commence Auorney.when
an action or actions in any of the courts of this State for r.n.y perfon or pcrfons liaDlet0Pay-tfS
y/hatever refiding out of the county wherein fuch fuit may be commenced, fhall be
4 L confidered
^34 DIGEST OF. THE
A. D. 179,7. confidered liable ; and fuch attorney or attornies are hereby made liable to pay to
No. 58a. t^e clerk, fheriff and the defendant's attorney their refpective fees.
SHERIFFS.
Sheriffs— their LI. And he it further enabled, That the fheriffs of the feveral counties mall attend
utJ'' the fuperior and inferior courts in their refpective counties when fitting, and by
themfelves or deputies, execute throughout the counties all writs, warrants, pre-
cepts and proceffes directed to them, and iffued under the authority of any judge or
juflice of the faid fuperior or inferior court, or the clerk, of either of the courts ;
and the faid fheriffs or their deputies fhall have power to command all neceffary
amli.an.ce in the execution of their duty, and to appoint, as there fhall be occafion,
Toeiveborn.15: one or more deputies ; and before any fheriff fhall enter on the duty of his appoint-
ecunty. rnent, he fhall be bound for the faithful performance of his duty by himfelf and
his deputies, before any one of the faid judges, to the governor of the State for the
time being, and to his fucceiTors in office, jointly and feverally, with two good and
fufficient fecurities, inhabitants, and freeholders of the county, to be approved of by
the juftices of the inferior court, or any three of them, in the fum of twenty thou-
fand dollars ; and the faid bond fhall remain in the office of the clerk of the fuperior
court of fuch county, and may be fued for by order of the faid court, for the fatis-
faclion of the public or perfons aggrieved by the mifconducl: of the fheriff or his
deputy ; and the faid fheriff fhall take and fubfcribe the following oath, before one
of the judges of the fuperior or jullices of the inferior courts, and the fame fhall
be entered on the minutes of the faid court, and before fuch fheriff fhall enter on
Their oath. the duties of his office, to wit : " I do folemnly fwear (or affirm, as the cafe may be)
that I will faithfully execute all writs,, warrants, precepts and proceffes directed to
me as fheriff of the county of , and true returns make, and in all
things well and truly, and without malice or partiality, perform the duties of the
office of fheriff of during my continuance in office, and take only my
lawful fees : So help me God.": And an oath to the fame purport fhall be taken by
each of the deputies of faid fheriff in like manner.
Writs and pro- EII. And he it further enaBed, That in all cafes wherein the fheriff of any county
cektoWdiredl- or his deputy fhall be a party, or interefted, the writs, precepts and proceffes, fhall
ner, in certain be directed to the coroner—of the county, and the faid qoroner is hereby authorized;
s# to execute and return the fame ; and in cafe of the death of either of the
faid fheriffs, the deputy or deputies fhall continue in office, unlefs otherwife
fpecially removed, and fhall execute the fame in the name of the deceafed, until,
Sheriff's death another fheriff be appointed and qualified; and the defaults and misfeafance
tT^ext'cutedT m 0®ce °f fuch deputy or deputies, in the mean time, as well before as after the
death of fuch fheriff, fhall be adjudged a breach of the condition of the bond given
as before directed by the fheriff who appointed fuch deputy or deputies; and the
executor or adrniriiflrator of the deceafed fheriff fhall have the like remedy for the
rnifcon.du.cl; or misfeafance or default in office of fuch deputy or deputies, during
LAWS OF GEORGIA.
fuch Intervals as he would be entitled to (if the fheriff had continued in life and in A, D. 1797.
the execution of his office) until his fuccefTor was appointed and fworn. No- 5^1-
LIU. And be it further enabled, That the fheriff of each county fhall at the expira- Sheriffs, in whit
tion of his appointment, turn over to the fucceeding fheriff, by indenture and fche- ^^"unfiAS&Id
dule, all fuch writs and proceffes as fhall remain in his hands unexecuted, who fh all btifinef-. to their
duly execute and return the fame ; and in cafe any fheriff fhall neglect or refufe to
turn over fuch proceffes in manner aforefaid, every fuch fheriff fo neglecting or
refufing, fhall be liable to make fuch fatisfadtion, by damages and cods, to the
party aggrieved, as he, fhe or they fliall fuftain, by reafon of fuch neglect or refufal;
and every fheriff at the expiration of fuch his appointment, fhall alfo deliver up
to his fucceffor, the cuftody of the gaol, and the bodies of fuch perfons as fhall be
confined therein, with the precepts, writs, or caufes of fuch detention ; and fuch
fucceeding fheriff fliall be empowered and required to fell, and carry into effect, any
levy made by his predeceffor in office, in like manner as fuch fheriff could have done
had he continued therein, and fliall make titles to the purchafers for all property fold
under execution, and not conveyed by his predeceffor.
LIV. And be it further enabled, That the fheriffs of the feveral counties in this sheriffs & other
State, fliall have like powers and authorities, and they and their under fheriffs and ablTfor ne^i&a
gaolers, conftables and other officers belonging to the court, be fubjeet and liable to of duty,
all actions, fuits, fines, penalties and difabilities whatfoever, which they or either
of them may incur, for or on account of the efcape of prifoners, or for or in refpect
of any other matter or thing whatfoever, relating to, or concerning their refpective
offices, in the fame manner as they have heretofore been liable by the laws in force in
this State ; and no fheriff) under fheriffs, deputy or other fheriff's officer fliall act as Nottoaa as an
an attorney at law., in his own name, or in the name of any other perfon, or be al- attorneyat aw-
lowed to plead or practife in any of the courts of this State, during the time he is in
fuch office.
LV. And be it further enabled, That the fheriff fhall be liable either to an action on Liahle to fuit or
the cafe or an attachment for contempt of court, at the option of the party, wherever couternpt"1 *°*
it fhall appear that he hath injured fuch party, either by fafle returns, taking ineffi-
cient bail, or by neglecting to arreft the defendant, or to levy on his property, or to pay
over to the plaintiff or his attorney, the amount of any fales which fhall be made under
or by virtue of any execution.
LVI. And be it further enabled, That if any fheriff, or his deputy or under fheriff, And may be in-
ihall be guilty of extortion or other mal-practice in the execution of his office, upon ^^/""'SE!
complaint made on oath to the attorney or folicitor general, it fhall be the duty of fuch mal-pradtice ia
attorney or folicitor general to exhibit a bill of indictment againft the perfon fo of-
fending, who upon conviction thereof fhall be fined by the court in treble the amount
which he may have extorted from any perfon ; which fhall be applied, one moiety
to the injured perfon, and the other moiety to the ufe of fuch county, and fhall
like wife be removed from office, and fuffer fuch other punifhment as the law directs.
LVII. And be it further enabled, "Whenever the fheriff of any county within this Qrnray be fined,
State fhall fail to make due and proper return of all writs, executions and other pro- removed from
cefs office.
6^6 DIGEST OF THE
A. D. 1797. cefs put into his hand, or fhall fait or neglect to pay up all" monies received on fuch
No. ,582. executions on his being required by the court fo to do, he fhall be liable to an action
as for contempt, and may be fined, imprifoned or removed from office at the difcre-
tion of the judge of the fuperior or the juftices of the inferior court, as the cafe
may be.
Coir.n.iiTioners LVI1I. And be it further enacted. That where any perfon heretofore or now appointed
how liable for commiffioners of the academy in any county of this State, have received or may receive
misapplication monies cr other funds into their hands, and have not or fhall not applv fuch funds to
01 the IURuS. . r 1 1 r 1 • rr 1 1 1 • r i " 1 1 t 1 ■ /•
the purpoles intended, fuch commimoners may be removed or displaced by the legis-
lature on proper representations of the facts, and others appointed to fucceed them ;
which fucceflbrs may commence and maintain an action or actions againft their prede-
ceflbrs in office for any monies or other funds unapplied or unaccounted for as aforefaid,
and may receive judgment and fue out execution thereon, in any court of law within
tiiis State, having cognizance thereof.
For REGULATING the PROCEEDINGS of the INFERIOR
COURTS of this STATE.
inferior cemts LIX. IFherear, the conflitution of this State authorizes the eftablifliment of courts
b^heldtwic^ai °^ mfe'^or jurisdiction, Be it therefore enacted. That in every county within this State
year in every a court fliall be held once in every fix months, and fhall be called inferior county courts,
ia.» bf fivTiuf- an^ ^ia'^ ^e ^eld and administered by the firfl five juflices named in the commiffion of
^crs> the peace, or any three of. them, who being qualified in like manner as the judges
of the fuperior courts, fhall have full power and authority to hold the faid courts,
and to hear and determine caufes and controversies, and other matters properly apper-
taining, and referred by law to their jurisdiction.
Their jurifdic- EX. And be it further enacledy That the faid inferior courts fhall have full and
turn. AFP"1 concurrent jurisdiction with the fuperior courts in all civil cafes whatSoever* except
fuperior court, in trial of caufes of real eftate, which fhall be tried in the fuperior courts only, and
where either party in any caufe tried. and determined in any of the faid courts fhall
. be diifatisfied with the trial and determination thereof* an appeal fhall be allowed to
the fuperior court, there to be tried by a Special jury, , in like manner as other appeals
are tried therein.
Thetimesappohit- LXI. And be it further enacled, That the terms of the faid courts fhall commence
ed for holding in- , , , , I . . . r .. , .. r
ierior conns. and be held m manner and at the times following, that is to lay : .
The EASTERN CIRCUIT.
in the eaflern On the firfl day of June and November,, in Camden ; on the eighth day of June
circuit. and November, in Glynn ; on the fifteenth day of June and November, in M'Intofh ;..-
on the twenty-firfl day of June and November, in Liberty ; on the twenty-Seventh
day of June and twenty-eighth of November, in Bryan ; on the fifth day of July and
fifteenth of December, in Chatham ; on the eighteenth of July and nineteenth of
December, in Effingham j on the twenty-fifth clay of July and twenty-feventh of
December, in Bullock.
The.
U¥8 OF GEORGIA. 637
The MIDDLE CIRCUIT. A. D. 1797.
On the firft day of Tune and November, in Burke; thirteenth of June and four- , . ' ".'
; . J ' ' J In the miadle
teenth of November, in Scriven *, twentieth of June and twenty-firft of November, circuit.
in Montgomery ; twenty-feventh of June and twenty- eighth of November, in Wafh-
ington ; eleventh of July and feventh of December, in Jefferfon ; eighteenth of
July and nineteenth of December, in Warren ; twenty-fifth of July and twenty-eighth
of December, in Richmond j the firft day of Auguft and eleventh of January, in
Columbia.
The WESTERN CIRCUIT.
On the firft day of June and November, in Hancock; fourteenth of June and jn the weftan-
November, in Greene j twenty-eighth of June and November, in Oglethorpe ; fifth cimuc-
of July and December, in Wilkes ; nineteenth of. July and December, in Elbert ;
twenty-fixth of July and December, in Franklin ; firft of Auguft and fecond of Ja-
nuary, in Jackfon •;_ the eighth .of Auguft and ninth of January, in Lincoln: And
the juftices of the inferior courts may adjourn from day to day until they get through
the docket.
LXII. And be it further enabled, That the clerks of the inferior courts (hall take a Clerks of the m.
like oaih, give a like bond and. fecurity, and be liable and fubiecl to the like pains J^"1^^ courts,
' o- _ J ' J r ibtrirfs & other
and penalties for mai-practice and negledl of duty as the clerks of the fuperior officers attend-
courts ; and that the fheriff and his deputies, as well as conftables and all officers of ^ft^a6 tn^ihe
the court, fhall be fubjecl and liable to the rules and orders of the inferior court for orders of the
all mal-pra&ices or neglects of duty touching or relating to fuits or other proceedings
in fuch courts, in like manner as fuch officers are fubjeel and liable in the fuperior
courts.
LXIII. And be it further enacted, That the juftices of the inferior courts fhall, at Cor.ftabres—
the firft term in every year, . appoint not exceeding two fit and proper perfons in each ^".w^ u' e £p°
captain's diftricl for the refpeclive counties as conftables, who fhall hold their appoint-
ments for one year, and fliall take and fubferibe the following oath or affirmation,
that is to fay, I, A. B. do folemnly fwear or affirm as the cafe may be, that I will Their -oath;
faithfully execute and return all fummons, warrants, precepts and executions directed ■•■
to me as conftable for the county, and in all things- well and truly to the ntmofi of
my power, without malice or partiality, perform the duties of a conftable, for the
time I may continue in office. So help me God." And that previous to entering on To givehcnd&u
the duties of their refpedlive appointments fliall feverally give bond to his excellency vCL1'1 y'
the governor and his fucceffors in office, with fecurity, which fhall be approved by
one of the faid juftices for the true and faithful performance of the duties of their
refpeclive appointments ; which bond fliall be taken by one of the juftices of the
inferior court, and deposited in the clerk's office of their refpeclive counties.
Provided' always, That where it may fo happen no fit and proper perfen or perfons Provifo* >
offer themfelves as candidates, the faid juftices may draw not exceeding two perfons
as conftables for each captain's diftricl, who fliall be liable to a fine of thirty dollars
in cafe of rsfufal to perform, the duties of, fucli appointments
£33 DIGEST OF THE
A. D. j J"9 7. LXIV. And be it further enabled, That any juftice of the peace may, in cafe where
j,iftice?ofi!in> ace there is no conftable in his diftritt, either from death, removal or otherwife, au-
may make tempo- . ...
.ary a^imi'tments thorize fome perfon to execute the duties of conftable until fuch vacancy is filled.
in tlien" diftucts. r 'm J
Juftices of the LXV. And be it further enabled, That the faid juflices or any one of them in
inferior ,C01^ each county may, in the abfence of the judges of the fuperior court, grant a writ of
writ of habeas habeas corpus in the fame manner and under like regulations as a judge of the fuperior
abfence of the court 1S impowered to do ; and in ail cafes not capital, fuch juftices may difcharge,
judges. admit to bail, or remand to gaol a prifoner at his discretion, according to law and
juftice ; but in all cafes of a capital nature it fhall be neceffary that one or more
juftices of the faid county court do affociate with fuch juftice granting the writ cf
habeas corpus at the return thereof, and that a majority of faid juftices do concur in
opinion.
inferior courts LXVI. And be it further enabled, That the faid courts fhall have the fame power
wVh^heP°fupe- t0 ^10'^ i0 kail *n a^ ca^"es cognizable before them, to draw, impannel and fine petit
rior, as to bail, jurors for the trial of caufes referred to their jurisdiction, to exercife a like authority
&c!" nd Hiae.au- over tne fubordinate officers of the faid courts, to grant writs of attachment, and in
thorityoverfub- all cafes cognizable before them as aforefaid, be fubje<St to the fame rules and regula-
covernedby the tions as may be eftablifhed by the judges and attorney and folicitors general for the
rules of pra&ice orderine and conducting fuits in the fuperior courts ; and in all refpects fhall be
jn the fuperior ° r . , . . r
courts. governed by that part of this act respecting the fuperior courts in matters fubmitted
to their decifion.
Fees allowed to LXVII. And be it further enabled, That the fum of fifty cents fhall be paid by the
ces ' mS JU *" plaintiff or his attorney, to the clerk on ifluing the procefs in all fuits under one hundred
dollars, and the fum of one hundred cents on all fuits above that fum, to be divided
among the prefiding juftices at each term, which fum fhall be charged in the bill
cf cofts.
JUSTICES COURTS.
juftices of the LXV1II. For the more fpeedy recovery of fmall debts, Be ii enabled. That the
P.~'ac*Lhave iu~ juftices of the peace in the refpeclive company diftricts, or any one or more of them,
as thirty dollars, fhall have authority and jurisdiction to hear and determine all fuits for any debts or
by fummons or liquidated demand, or on account for any fums of money not exceeding thirty dollars,
Provifo. by fummons or warrant. Provided, That no juftice of the inferior court, or clerk,
fheriff or attorney, being a juftice of the peace, fhall try any warrant or give judg-
ment thereon in any civil cafe whatfoever. And the faid juftices are hereby authori-
zed and empowered to give judgment and award execution thereupon ; Provided
The party caft neverthelefs, That the party caft may flay the levy of execution forty days, or be
tion or Lpeal"" allowed an appeal on payment of cofts and giving fecurity within three days after
iudgment for the payment of the eventual condemnation money .or the delivery of
the body in difcharge thereof ; but no ftay of execution fhall be allowed after an
appeal trial for a longer term; than twenty days, in which cafe the fecurities on the
appeal (hall be liable for the debt and cofts.
Appeals to be LXIX. And be it further enabled, That all fuch appeals fhall be tried before one
tned by five ju- or morejuftices of the peace in. the company diftrict in which the defendant refides,
by
LAWS OF GEORGIA. 6
j9
by five jurors, to be drawn,, impannelled, and fwora as herein after particularly A. D. 1797.
directed, and in no other manner whatfoever ; whofe verdicT: fhall be final and con- Ko- ->83-
clufive between the parties : Provided always, That no jufiice or juftices of the Juftices to bold
peace (hall hold any juftice's court or pafs any judgment, except by content of parties, their courts
on any other or more than one day in each month ; which day they may appoint in Saw*.!*1 ■ *,
their refpeclive diftricls ; nor at any other place than, that fpecially mentioned in the
warrant or fummons ; which warrant or fummons (hall be ferved by a conftabie duly Warrants-how
appointed and fworn to . the faithful execution of his -office, either on the perfon of tobefcrvcd*
the. defendant, or by leaving a copy thereof at his ufual and notorious place of abode,
at leaft ten days before the day of trial ; and it (ball be the duty of the conftables in
ferving fummons or warrants to make an entry of fervice thereon in writing, and to
fign fuch returns
LXX. And be it further enafied, That the faid juftices (hall have the like power May hold to
and authority to hold to bail, for debts within their jurifditlion, and under like ^*
reflri&ions as herein before pointed out for the fuperior and inferior courts.
LXXI. And be it further ena&ed, That it fhall be lawful for any juftice of the And febe at-
peace on complaint to him made on oath, by any perfon, that his debtor is removing tachments.
out of the county privately, or abfconds and conceals himfelf fo that a fummons or
warrant cannot be ferved upon him, to grant an attachment againft the goods and
chattels of fuch debtor, or fo much thereof as (hall be fufficient to fatisfy the debt
and cofts of the complainant ; and fuch attachment fhall be publicly advertifed by
the conftabie levying the fame at two or more public places in the diftri£t, at leaft
fifteen days ; and fhall -be made returnable to the next fucceeding juftices court
thereafter, and fhall be condu&ed and held by them for debts within their jurifdi£tion,
in like manner as attachments ifluing out of the fuperior or inferior courts, except
that the time of trying fuch attachments before a juftice of the peace fhaJl'be at or
before the fecond juftices court for the diftrift which fhall happen after iffuing fuch
attachment; and the faid juftices refpedively may, and are hereby fully authorized •
and empowered, to iflue attachments returnable to the fuperior or inferior courts,
under like ci.rcumftances and in like manner as the judges or juftices of the faid
courts are empowered to do. .
LXXII. And be it further enabled, That in all cafes brought before any juftices What evidence
court, the beft evidence the nature of the cafe will admit of fhall be required, nor to he re1uiredi
fhall any perfon be permitted to prove his own account by his own oath before' fuch °B tmlS"
court without making oath in writing, that he hath no other evidence whereby the
feme can be eftabliihed ; and in all cafes of mutual. debts and fets-off, the faid juftices Sctts-off.
may enter up judgment for the defendant, where it fhall fatisfaaorily appear that
there is a balance due him, and on motion and good caufe being {hewn on oath by Mfputes reW -
either party, the faid juftices may poftpone the trial of any caufe brought before tins ProPc"y "
them, not exceeding in all three months; and where any difpute may arife touching wL'bet^d,
property levied, on, it fhall be the duty of faid juftice to iflue his fummons to three
freeholders of the diftria, whofe duty it fhall be to attend, and after being fworn,
well and faithfully to try the caufe in difpute, to decide thereon ; and the place for
holding. >
640 DIGEST OF THE
a. D. 1797. holding; courts in each captain's diftricl: fhall be fixed on by the juftices (hereof, 'and
The-piacr of hold- fhall be as nearly in the center of fuch diftricl as Conveniently may be. And no
HID Ci'll'tS— linvv to / J J **"" 1"-'
No^lrkn to denv per'"cn "^ be permitted by the faid juftices to deny his bond, note or bill for money
ijsho.Ktec.unUfs m. ot'aer thine;, unlefs fuch perfon fhall fir ft make affidavit to the truth of fuch denial.
In cafes of re- LXXIII. And be it further enabled. That in cafe any perfon, after being fummoned
anoval, excxu- to anfwer anv complaint for debt before anv juftice of the peace, fhall before the
tions may be J . » ,-'...., . .
harked by other fitting of fuch court, remove out of the diftrict, fuch juftice may neverthelefs
juftites. g-ve jucjglTien); agp_inft him; and if any perfon after judgment of fuch court, fliall
remove out of the diftricl or county, before fatisfaclion made, fuch juftice may ifiuc
execution againft fuch perfon ; which execution being backed by any juftice of the
county where fuch perfon may be found, may be levied by any conftable of fuch
county.
Tcudaystocon- LXXIV. And be it further enaEledt That if any perfon fliall live or refide within
{litute refidencc an county for the fpace of ten days or upwards, the fame fhall conftitute and be
in a diltrict. ; ' ' r n. . r .... r . -.'..'
confidered a fufhcient relidence within the lame, fo as to authorize the juftices of
fuch county to proceed againft him before any company diftricl: court, as herein be-
fore pointed out, for all debts within their jurifdiclion, which may be contracted
during fuch refidencc.
Caufes— when LXXV. And be it further enabled^ That in cafe there be no juftice of the peace
to he tned out re'g^jng [n any diftricl, then it fliall and may be lawful for the next neareft iuftice to
01 the Qiltnct. . . J
proceed in like manner as if the defendant was an inhabitant of his .diftricl ; and
all cafes in which a juftice of the peace may be a party,' fhall be tried in the neareft
adjacent company diftricl, and not within the diftricl in which he may refide.
Conftables— L'XXVI. And be it further enabled, That it fhall be the duty of the conftables
their duty. Qf ^ feveraj diftricls, to levy all executions put into their hands, agreeably to the
tenor thereof, and to make due returns of tire fame, together with all fummons or
How to he pro- warrants to the court to which they may be made returnable; and if any conftable
ceeded ag"n1^ fhall fail to execute and make returns, or to pay to, or account with any perfon for
for neglect oi . .... " •
duty or mal- whom he may have received money on execution, within ten days after the receipt
practice. thereof, the perfon fo injured as aforefaid, may, upon application to any juftice within
the diftricl, obtain a warrant againft him ; and fuch juftice fhall upon proof thereof
award judgment and execution for the fame, and all cofts againft fuch conftable ; and
alfo fine him for fuch abufe, in a fum net exceeding tenpercent. on the amount fo with-
held ; and in cafe of neglect or refufal to ferve and return any warrant or fummons
as aforefaid, may fine the conftable fo offending in a fum not exceeding the amount
of the debt due by the defendant ; and all conftables fhall moreover be fubject to be,
profecuted and tried for mal-praclice in office, in like manner as herein pointed out
for juftices of the peace, and liable to like pains and penalties,
jurors for the LXXV1T. And be it further enabled, That the method of drawing juries for the
tnal of appeals trjai 0f appeals before juftices of the peace, fhall be this: The juftices refiding in
drawn. each captain's diftricl fhall procure from the clerk of the fuperior court a lift of all
the perfons liable to ferve as petit jurors refiding in fuch diftrict, and fliall write each
name on. fuch lift on a feparate piece of paper, which fhall be depofited in an apart-
ment
LAWS OF GEORGIA. 641
ment of a box to be provided for by fuch juftices, marked number one ; and fhall A. D. 1797.
draw fuch number of names therefrom not lefs than five nor exceeding feven, as No- 582.
they may deem necefTary from time to time, to try the caufes depending before them ;
which names fo drawn fhall be entered on a book by the juftice prefiding at the
drawing thereof, and fhall be put into an apartment of fuch box marked number
two ; and after all the names are drawn from number one, they fhall commence
drawing from number two, and fo on alternately ; Provided, that no juftice fhall Provifo.
prefume to draw any jury but on a court day and in public ; and that fuch jurors
fhall be drawn by a perfon not interefted in- any fuit to be tried ; and any perfon fo
drawn, and being fummoned by a conftable five days before fuch court, neglecting
to appear at fuch court, may be fined by the juftice or juftices prefiding, in a fum
not exceeding three dollars, unlefs he fhall (hew fufhcient caufe of excufe, on oath
at the fucceeding court for fuch diftridt : And in cafe of deficiency of jurors to
try any caufe, the juftices may direct a conftable to fill and complete fuch jury from
the by-ftanders : Provided, That there fhall not be lefs than three of the original. Provifo.
pannei on fuch jury : And the conftable's fees for fummoning a jury fhall be fifty Conftable'sfees.
cents for every trial had before fuch jury, and (hall alfo receive fuch other fees as
are given to conftables by the fee bill now in force;, and fuch jury fhall for every
verdict byi them given, be entitled to twenty-five cents, to be paid by the party in
whofe favor the verdict may be, and to be taxed in the bill of cofts.
LXXVIII. And be it further enafted. That the oath to be adminiftered to the jury jurors oath,
on the trial of appeals before juftices courts, fhall be the fame as is prefcribed for
fpecial jurors in the fuperior courts.
LXXIX. And be it further ena£led\ That the juftices fhall be allowed the follow- juftices fees,
ingfees: For making out a fummons or warrant and hearing and determining the
caufe, fifty cents ; for writing and taking a bond or recognizance, twenty-five cents ;■
for iffuing an execution, twenty-five cents ; for writing an affidavit and fwearing a
party or deponent where no fuit is depending, twenty-five cents.
LXXX. And be it further enafted, That when any perfon charged with any offence Cofts on ch-irtres
and brought before a juftiHs of the peace, fhall be difcharged for want of fufficient °xl^Tn^f^l'0
caufe of commitment, the juftice or juftices may in his or their difcretion difeharge their order,
the party without cofts, or direct the coft to be paid by the profecutor.
LXXXI. And be it further enaEted, That the juftices of the reprefentative counties Juftices may be
fhall be, and they are hereby declared to be liable to profecution and trial, by indict- pnra^f;°rmal
ment for mal-practice in office : And it fhall be the duty of the attorney andfolicitors
general on complaint made to them -or either of them, on oath, by any perfon or
perfons, to frame and prefer an indictment to the grand jury of the county in which
the juftice or juftices complained of mayrefide, containing the merits of the com-
plaint fpecially fet forth; which indictment, if found by the grand jury, and after
hearing the parties, and their evidences fhall be tried by a jury, and if convicted on
fuch indictment, the judgment of the court may extend to fi.ic or removal from
office or either, at difcretion.
4 M LXXXII.
642
DIGEST OF THE
A. D. 1797.
No. j 82.
Witneffes may
be compelled to
attend.
Sales of proper-
ty under execu-
tion— how to be
conducted.
Conftables fees
for the care of
ftock.
Not authorized
to fell lands, but
may levy.
The fales to be
made by the
ftieriff.
Repeajinu claufe.
LXXXII. And be it further enaBed, That a juftice of the peace may iffue fummons
for witnefles in any cafe to be tried before him, which being ferved three days before
the day of trial, fuch witnefs fhall be fubject to a fine of three dollars for default,
and the juftice may iffue an execution for the amount, provided fufBcient excufe fhall
not be made, at or before the next court day ; and all fines fhall be paid into the
hands of the inferior court for the ufe of the county.
LXXX1IX. And be it further enaBed, That no fales of property taken nnder exe-
cution (hall hereafter be made by any conftable, except on the juflices court day in
every month, and between the hours of ten and three o'clock in the day ; and it
fliall be the duty of the conftable to advertife all intended fales at three or more of
the mod public places in the proper diftritt, and at one or more of the moft public
places in the county, at leaft fifteen days before any fale, and (hall give a full and
clear defcription of the property to be fold: Provided, That nothing herein con-
tained fhall extend to prevent fales of horfes, hogs or cattle, at any time by confent
of the defendant ; but all fales of property by conftables (hall be at the place of
holding the juftices court in the feveral company diftricls ; except in fuch as include
the place appointed for holding the fuperior courts, in which cafe the fales to be
made in fuch diftri£ts, fliall be made at fuch public place.
LXXXIV. And be it further enaBed, That the re fpedlive conftables fhall be allowed
twelve and one half cents per day for the proper care and fuftenance of each horfe,
fix and a fourth cents for each head of cattle, and two cents each for hogs and fheep
executed by them.
LXXXV. And be it further enaBed, That no conftable fhall be authorized to fell
any lands, but fhall, when no other fpecies of property can be found, levy on any
lands of the defendant, and deliver over the execution to the fheriff of the county
with a return of the land levied on, who fhall proceed to fell the fame with fuch
formalities as are prefcribed for fales of real eftates.
LXXXVI. And be it further enaBed, That all former acts for regulating the judi-
ciary department of this State, be, and they are hereby repealed.
DAVID MERIWETHER, Speaker dfithe Houfe ofReprefentatives.
DAVID EMANUEL, Prefdent of the Senate.
Concurred, February 9, 1797.
JARED IRWIN, Governor.
An Ac~l to ejlablifh and make permanent the feat for public buildings
in the county of Warren.
I. ; 3 E it enaBed by the f mate and houfe of reprefentatives of the State of Georgia in
J|_J) general ajfembly mett and by the authority of the fame. That the permanent
houfe and gaol feat for the court houfe and gaol in the county of Warren fhall, and is thereby de-
clared to be, on a lot or parcel of land on the plantation where Starling Gardner
now refides, which was pointed out and agreed upon by the late commiflioners
appointed for that purpofe j Povided, That faid Starling Gardner fliall, within three
months
No. 583.
Warren county
—permanent
Feat of the court
LAWS OF GEORGIA. 643
months after the paffing of this a£r,, well and truly execute and deliver a deed, in A. D. 1797.
fee fimple, for feven acres of land, to be conveyed to the faid commiffioners herein No- -583'
after named, and their fucceflbrs in office, to and for the ufe of the faid county, to
be laid out in lots and be appropriated as the faid commiffioners may direct, fo as
to carry into full effe£t a contract heretofore made between the commiffioners of the
faid county and the faid Starling Gardner.
II. And be it further enabled, That the juftices of the inferior court of the *faid The inferior
county, and their fucceflbrs in office, are hereby declared to be the commiffioners commiffioners.
of the court houfe and gaol of the county aforefaid, and they or a majority of them
are hereby authorized and fully empowered to let the fame to the lowed bidder,
after giving thirty days notice in three or more public places in the faid county,
on fuch plan as they may think proper ; any law to the contrary notwithstanding.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
DAVID EMANUEL, Prefident of the Senate.
Concurred, February 9, 1797.
JARED IRWIN, Governor.
An Atl to authorize the commiffioners of Louifville to convey to John Cobbs and his affigns, No. ,584.
fix lots of land within the limits of the faid town.
February 9, 1797.
An Acl to grant further time to Abraham Baldwin, Efquire, defied No. jgj.
to reprejent this State in the congrefs of the United States, to notify
his refufal or acceptance,
BE it enabled by the fen ate and houfe of reprefentatives of the State of Georgia in gene-
ral affembly met. That the time be extended until the fourth day of March next,
for Abraham Baldwin, Efquire, to fignify to his excellency the governor his refufal
or acceptance to reprefent this State in the congrefs of the United States.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
DAVID EMANUEL, Prefident of the Senate.
Concurred, February 10, 1797-
JARED IRWIN, Governor.
s=S
An Acl to extend the time for the pretended purchafers of the Weft em No. j8&.
Territory of this State to receive the fums they depofited in the
treafury ; and for further expunging from the face of the public
records, certain entries relative to the pretendedfales of the Weftern
Territory of this State, under the ufurped acl pajfed the Jeventh
of January, one thouf and feven hundred and ninety-five.
E it enabled by the fenate and houfe of reprefentatives of the State of Georgia
in general affembly mett That his excellency the governor be, and he is hereby
empowered
644 DIGEST OF THE
A. D. 1797. empowered and required to iffue warrants on the treafurer from and immediately after
N0.5S6. tne puffing 0f tiajs a$- jn favor cf fuch perfong as may have bona fide depofi ted monies,
Thegovernorto ,,,.,, a . . ' '.'. r ' , r ., zL . ., - . • 1 1
iffue warrants in bauKDUJs, or itock in the tunds oi the United btates, or warranto m part or in whole
favor of the per- paynrjent of pretended (hares of the faid pretended purchaied territory, under an
Ions who paid 1 4 *■ . . r _ .
monies into ihe ufurped act paffed at Augufta on the feventh day of January in the year one thou-
thta'aft ' of "f^ *"an(* ^even hundred and ninety-five, under the pretended title of " An aft fupplemen-
7th Jan. 1795. tary to an act, entitled an act for appropriating a part of the unlocated territory of
this State, for the payment of the late State troops, and other purpofes therein men-
tioned i declaring the right of this State to the unappropriated territory thereof, for
the protection of the frontiers, and for other purpofes."
Provifo. Provided^ That the rifque attending the keeping of the fum or fums fo paid in, be
rfPiufein the mean deemed and is hereby declared to lay entirely with the perfons who depofited them,
time, ami fUbjcfl: '' ' ,- 1 r r 1 • f r 1
to the expeuces of and tnat any charge of guards or other expences for the fafe keeping thereof be de-
ducted therefrom.
And provided a/Jb, That application be made for the fums fo depofited on or before
the firft day of June, one thoufand feven hundred and ninety-eight.
Furthei expung- II. And whereas, in and by an act palled the thirteenth day of February, in the
ingand burning e^r one thoufand feven hundred and ninety-fis, annulling the faid uiurped act pafled
the feventh day of January, in the year one thoufand feven hundred and ninety-five,
the fecretary, furveyor general, and other public officers were required within three
days after the palling the fame, to produce to the legiflature all deeds and documents
relating to the pretended fale of the Weftern Territory of this State to be expunged
therefrom, in order that no trace of fo infamous a tranfaction fhould remain in the
public offices of the State ; and it appears that either from the indifpofition of the
fecretary of the State at that period, or through miftake or neglect, certain pretended
mortgages relative thereto and given by the pretended purchafers, which were entered
in the book of mortgages, marked E E in the faid office, were neglected to be produced
to the late legiflature, to be expunged from the faid book and burnt in conformity to
the concurred refolution under the authority of the faid act ; Beit therefore enaBed,
That the faid book E E, (hall on the day after the pafiing of this act, be brought into
the reprefentative chamber, and then and there, at or about the hour of twelve o'clock
of the faid day, the faid pretended mortgages entered in the faid book E E, from page
one hundred and thirty-three to page one hundred and fixty-two inclufive, (hall be
carefully expunged from the faid book E E, and burnt in the prefence of the fenate
and houfe of reprefentatives ; and the prefident of the fenate and fpeaker of the houfe
of reprefentatives (hall defignate under their hands on a fheet of paper to be inferted
or parted on in the place from whence they (hall be fo taken, the authority for which
the fame was done, and the number of pages fo expunged.
DAVID MERIWETHER Speaker of the Houfe of Reprefentatives.
DAVID EMANUEL, Prefident cf the Senate.
Concurred, February 10, 1797.
JARED IRWIN, Governor.
An
LAWS OF GEORGIA. 645
An Acl to eflablifh the permanent feat of the court houfe and gaol hi A. D. 1797,
the county of Effingham. °' 5 7'
"HEREAS, it appears that the true intent and meaning of the aft entitled Preamble.
". An acl to veil powers in the commiffioners for the county of Effingham
to fix on the place for building a court houfe '" paffed at Augufta in January, one
thoufand feven hundred and ninety-five, was to remedy the evils and inconveniences
of holding the courts of the faid county at an extreme corner thereof by fixing on
a place mod convenient to the inhabitants ; for remedy whereof,
I. Be it enacted by the fsnate and houfe of reprefentatives of the State of Georgia Commiffioners '
in general affembly met, and by the authority of the fame, That David Hall, Jofhua houfe and gaol
Loper, Samuel Ryals, Goodlip Smith and Darius Garrifon be, and they are hereby jp Effingham*, to,
appointed commiffioners, with full and ample powers to point out and fir upon the manent feat of
moil fuitable and convenient place at or near, that is to fay, within five miles of the the lame,
center of the county, for erecting a court houfe and gaol thereon ; and fuch place
to be agreed on by them or a majority of them, (hall, and the fame is hereby declared
to be the permanent feat of the court houfe and gaol of the faid county of Effing-
ham.
II. And be it further enabled. That from and immediately after the expiration of Courts— where
the time appointed for holding the next term of the fuperior and inferior courts in
and for the faid county of Effingham, the fame fhall be held at the plantation and
houfe of James Wilfon j the fame being at prefent the moft fuitable place near the
center of the faid county, until a permanent place be fixed on, and a court houfe
and gaol fhall be erected in purfuance of this a<fr, ; any thing contained in or done
in virtue of the before recited a£t, to the contrary hereof notwithftanding •, which
faid a£t is hereby repealed.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
DAVID EMANUEL, Preftdent of the Senate.
Concurred, February 10, 1797.
JARED IRWIN, Governor.
to be held in the
mean time.
An AH to repeal an ac~t, entitled " An acl: for inflicting penalties on and No. 588.
conffcating the ejlates of fuch perfons as are therein declared guilty
of treafon, and for other pur pofes therein mentioned" fo far as relates
to the banifhment of William Oates and John Henderfon.
E it enacted by the fenate and houfe of reprefentatives of the State of Georgia in general William Oates
affembly met, That the a&, entitled " An aft for infli&ing penalties on and confif- derfo^relkved
eating the eftates of fuch perfons as are therein declared guilty of treafon, and for from banifli-
other purpofes therein mentioned," paffed the fourth day of May, one thoufand {even ft0Te&to c\t~.
hundred and eighty-two, fo far as relates to the banifhment only of William Oates zenfhip.
and John Henderfon, be arid the fame is hereby repealed j and that the faid William
Oates
B
64 6
DIGEST OF THE
A. D. 1797.
No. 588.
Provifo.
Oates and John Henderfon be, and they are hereby reftored to all the rights of citi-
zenfhip : Provided, That they (hall not be entitled to claim, hold or recover, pro-
perty fold under the faid acT:, formerly belonging to the faid "William Oates or John
Henderfon.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
DAVID EMANUEL, Preftdent of the Senate. '
Concurred, February 10, 1 797.
JARED IRWIN, Governor.
No. 589. An Acl to divorce or feparate Walter Billingfia and his -wife, formerly Jane Watfon, and
for protetling each of them in their refpetlive eflates.
February 10, 1797.
No, 590.
Tax on lands.
Valuation of
lands.
An A£l to raife a tax for thefupport of government for the year one
thoitfandfeven hundred and ninety-feven.
I. |3 E it enabled by the fenate and hoife of reprefentatives of the State of Georgia in
J|_3 general ajfembly met, and it is hereby enatled by the authority thereof That a
tax of thirty-five cents for every hundred dollars value on all land3 within this State,
granted to, or furveyed for any perfon, as fuch lands fhall be eflimated at, (hall be
levied on the fame in the following mode, to wit : All tide fwamp (cultivated or
uncultivated) including iflands, of the fir ft quality, at ten dollars thirty-nine cents
per acre ; of the fecond quality, at fix dollars forty-three cents per acre ; and of
the third quality, at one dollar feventy-feven cents per acre.
All pine lands, adjoining fuch tide fwamp lands or contiguous thereto, and within
three miles of water carriage, at one dollar fixty-one cents per acre ; all prime inland
fwamps (cultivated or uncultivated) of the firft quality, at an average of feven dollars
feventeen cents per acre ; of the fecond quality, at three dollars ninety-feven cents
ner acre ; of the third quality, at one dollar fixty-two cents per acre.
All pine barren lands adjoining or contiguous thereto, at forty-three cents per acre.
All fait marfh, at forty-three cents per acre.
All high river fwamp and low grounds (cultivated or uncultivated) including iflands,
including fuch as are commonly called fecond low grounds, lying above Abercorn
creek, and as high as the mouth of M'Bean's creek, on Savannah river, of the firft
quality, at five dollars thirty-fix cents per acre ; of the fecond quality, at three dol-
lars twenty-two cents per acre ; and of the third quality, at one dollar fixty-one cents
per acre.
All high river fwamp as aforefaid, lying above M'Bean's creek, and as high as the
mouth of Rae's creek, of the firft quality, at eight dollars three cents per acre ; of
the^Cond quality, at five dollars and thirty-fix cents per acre j and of the third
quality, at two dollars thirty-five cents per acre.
All
LAWS OF GEORGIA. 647
All high river fwamps as aforefaid, from the mouth of Rae's creek to the mouth A. D. 1797.
of Broad river,, lying op, Savannah river, of the firft quality, at four dollars eighteen No- 59°-
cents per acre ; of the fecond quality, at two dollars thirty-five cents per acre ; of
the third quality, at feventy-five cents per acre.
All oak and hickory lands (cultivated or uncultivated) including iflands, from the
mouth of Rae's creek to the mouth of Broad river, and within one mile of Savannah
river, of the firft quality, at one dollar fixty-one cents per acre ; of the fecond qua-
lity, at feventy-five cents per acre ; and of the third quality, at forty-three cents per
acre.
All oak and hickory lands including iflands, (cultivated or uncultivated) from the
mouth of Broad river up the Savannah river, and within one mile of the fame, and
up Tugalo river to the marked line on the faid ftream, of the firft quality,, at one
dollar and eighteen cents per acre ; of the fecond quality, at fixty-eight cents per
acre ; and of the third quality, at thirty-one cents per acre.
Ail oak and hickory lands, including iflands, (cultivated or uncultivated) from
the mouth of Broad river to the marked line on the head thereof, of the firft quality,
at one dollar eighteen cents per acre ; of the fecond quality, at fixty-eight cents per
acre ; and of the third quality, at thirty-one cents per acre.
All high river fwamp or low grounds, including iflands, (cultivated or uncultiva-
ted ) from fort Argyle to the mouth of Buckhead creek, on Ogechee river, of the
firft quality, at two dollars three cents per acre \ of the fecond quality, at one dollar
eighteen cents per acre ; and of the third quality, at forty-three cents per acre.
All oak and hickory lands as aforefaid from the mouth of Buckhead creek to the
head of Ogechee river, of the firft quality at one dollar fixty-one cents per acre ;
of the fecond quality, at feventy-five cents per acre ; and of the third quality, at
forty-three cents per acre.
All high river fwamp or low grounds including iflands (cultivated or uncultivated)
from the mouth of Buckhead creek to the head of Ogechee river, of the firft quality,
at one dollar fixty-one cents per acre ; of the fecond quality, at feventy-five cents
per acre ; and of the third quality, at forty -three cents per acre.
All high river fwamp (cultivated or uncultivated) including iflands, from Cathead
on the river Alatamaha to the mouth of Oconee river, of the firft quality at two
dollars thirty-five cents per acre ; of the fecond. quality, at one dollar eighteen cents
per acre ; of the third quality at forty-three cents per acre.
All high river fwamp or low grounds as aforefaid, from the mouth of Oconee
river along the northern ftream on the north fide of the Indian temporary line, to
the confluence of the Oconee and Appalachee or fouth fork, of the firft quality, at
three dollars twenty-two cents per acre ; of the fecond quality, at one dollar fixty-one
cents per acre ; of the third quality, at forty-three cents per acre.
All river fwamp as aforefaid, from the confluence of Oconee river and Appalachee
upwards on the north fide of the Indian temporary line, of the firft qnality, at two
dollars fifteen cents per acre ; of the fecond quality, at one dollar and thirty cents
per acre ; and of the third quality, at feventy-five cents per acre.
All
648 DIGEST OF THE
A. D. 1797* All other oak and hickory lands throughout this State, of the firft quality, atone
No. 590. dollar and eighteen cents per acre ; of the fecond quality, at fixty-eight cents per acre ;
and of the third quality, at thirty-four cents per acre.
All oak and hickory lands including iflands (cultivated or uncultivated) above the
flowing of the tide On all rivers, from Cathead on the river Alatamaha to the river
St. Mary's inclufive, to the marked line aforefaid, of the firft quality, at feventy-five
cents per acre ; of the fecond quality, at forty-three cents per acre ; of the third
quality, at twenty-one cents per acre.
All lands on the fea iflands, or lying on or contiguous to the fea fhore, ufually cul-
tivated or capable of cultivation in corn, indigo or cotton, of the firft quality, at four
dollars eighty-one cents per acre ; of the fecond quality, at two dollars thirty-five
cents per acre ; and of the third quality, at one dollar eighteen cents per acre.
All other pine lands throughout the State, at twenty-one cents per acre.
II. And be it enaBed by the authority aforefaid) That the fum of thirty-one and a
quarter cents, (hall be levied on all free male white perfons of the age of twenty-one
years and upwards, in this State 5 and the fum of thirty-one and a quarter cents on all
negroes and other flaves whatever, under the age of fixty years, within the limits of
the fame ; and the fum of thirty-one and a quarter cents for every hundred dollars
value of every lot, wharf or other lands not herein already enumerated — and on all
buildings within the limits of any town, village or borough within the fame \ the fum
of fifty cents upon all male free negroes, mulattoes and muftizoes, from the age of twen-
ty-one years and upwards over and above the taxable property they may be poflefied
of ; that the fum of twenty cents fhall be levied for every hundred dollars value of all
perfons flock in trade, fhopkeepers and others, and to be computed at prime coft, and
the return to be made on oath that the ftock in trade fo returned, is the higheft efti-
mation of the ftock in fuch perfon's poffefiion, at any time net exceeding three months
preceding the time appointed by this law for fuch ftock in trade to be eftimated and re-
turned. The fum of four dollars on all profeffors of law and phytic, and the fum of
fifty dollars on all billiard tables ; and the fum of three hundred dollars on every E O
table or other inftrument of the like conftruclion for the purpofe of gambling ; that
the tax impofed on E O and billiard tables may be levied and collected at any time
after the paffing of this act wherever fuch tables may be found ; and every tax
collector is hereby required to proceed immediately againft perfons keeping fuch
tables, as is directed in cafes of non-payment of taxes on other property ; and the
fum of four dollars on ail factors and brokers, and on all foreign wares, liquors
and merchandize fold, bargained or trafficked for by all fuch factors and brokers j
the fum of eighteen and three quarter cents on every hundred dollars by them fo
fold or difpofed of to be given in upon oath j and the fum of fifty cents upon every
hundred dollars of the funded flock of the United States, to be given in by the
holders thereof, in like manner as ftock in trade. Provided neverthelefi, That in all
cafes of extreme indigence or infirmity, the inferior court of each county fhall be,
and they are hereby authorized to remit the poll tax upon fuch indigent or infirm
perfons claiming the fame.
Ill,
*
LAWS OF GEORGIA.
^49
III. And be it enabled by the authority aforefaid) That there fhall be a receiver for
each county throughout this State, and that the mode of taking the returns fhall be
as follows :
The receiver of tax returns in each county fhall give notice to each captain's diftricl:
within the county, by advertifing in the moft public place of each diftric~t, the day
and place he will attend to receive the returns of taxable property f^ofefor j and
which notice fhall be given at leaft ten days previous thereto j fuch reviver fhall
likewife attend previous to making his return of defaulters, three different days in
each dittrict for that purpofe, which days fhall not be within feven days of each
other ; and the commanding officer in each company fhall give to the receiver fo
attending, a lift of the inhabitants liable to pay taxes, within his diftrift, on oath
or affirmation, to the beft of his knowledge and information, under the penalty of
thirty dollars, in cafe of failure, to be recovered before any juftice of the peace
within the county, one half to the perfon fuing for the fame, the other for the ufe of
the poor of fuch county. And it fhall be the duty of the receiver of returns, at all
times, uponperfonal application, to receive the returns not given at the time and place
fpecially notified at any time before he makes a digeft of the whole returns ; and he
fhall, previous to entering on the execution of his duty, take and fubferibe an oath
or affirmation in the words following, to wit : "• I, A. B. do folemnly fwear or
affirm, that I will truly and faithfully perform the duties of receiver of returns of
taxable property in the county to which I am appointed, as required. o£ me by this
act, and will not receive any return but on oath or affirmation."
IV. And be it alfo enabled^ That all and every perfon liable to pay tax, (hall give
in the lift of his, her or their taxable property, as well as a lift of every fuch perfon
or perfons as Ivj, (he or they may be, attorney or attornies, executor or executors,
adminiftrator or adminiftrators for, in the county or counties wherein fuch attorney,
executor or adminiftrator refides, defcribing as. near as poffible from the plats, deeds
or other documents, the particular fituation of fuch land, in what county, what
particular water courfe on, and what lands it adjoins ; for whom furveyed or to
whom granted j and the receiver of fuch returns fhall make a general digeft, and-
return the whole of the taxable property received as aforefaid, ami alfo of the taxable
property of non-refidents and defaulters within his. county, and .fhall tranfmit three
copies, one to the collector of the county, one to the inferior court, and one to the
treafurer, and that the faid tax -receivers do deliver the aforefaid three copies, to wit :
To the collector and clerk of the inferior court on or before the fifteenth day of July
next, and to the treafurer on or before the firft day of Auguft thereafter, under
the penalty of one thoufand dollars for each offence ;. including therein his own
taxable property ; and fhall pubjith within one. month thereafter, in the gazette, the
names of the defaulters, under the penaltyof two hundred dollars. ; and the receivers
fhall receive two and one half per cent, on the taxes arifing fr.om all property returned,
and fix and one fourth cents on each return of a poll without property ;, and it fhall
be his duty to tranfmit to the treafurer and clerk of the inferior court and collector
ef taxes, each a copy of fuch digeft. And that the faid feveraL receivers to be
4 N. appointed
A. D. *797*
No. 590.
Receiver or tax re.
turns tor each cu.
The mode of re-
ceiving returns.
Receiver's oath.
Lifts of taxable
property.
Duty of receiv-
ers therein.
Their compear.
latioa.
6fe DIGEST OF THE
A. D. 1797. appointed by this act, fhall be paid by the collectors in their refpective counties, the
No. 590. fums which (hall become due them for their fervices as allowed by this act. Provided,
That no receiver fhajl be allowed or paid by the collectors, before fuch receiver (hall
produce a certificate from under the hands of the clerk of the inferior court of fuch
county, that fuch receiver is entitled to fuch fum for his fervices agreeable to this
act ; which certificates fuch clerks are hereby, on application, directed to give ; and
every collector mail be allowed credits for fuch payments in his fettlement with the
treafurer; who is hereby required to tranfmit an alphabetical digeft (from the feveral
general returns in his office) of .all the lands and other property returned as lying in
each county, to. the inferior courts of the refpective counties, to.be examined and
compared with the returns of fuch county ; for which duty the treafurer fhall be
entitled to the fum of five dollars for each digeft fo.tranfmitted; .for which fums his
excellency the governor is authorized to draw a warrant on the treafury, on the trea-
furer's producing and depofiting in the executive office a receipt for fuch digei't from
the clerk of the inferior court of the county; and in cafe the treafurer fhall fail or
neglect to tranfmit fuch alphabetical digeft on or before the laft day of each year, he
fhall forfeit and pay the fum of fifty dollars for each digeft. not transmitted ; to be
recovered by the juitices of the inferior. court, in any court having cognizance thereof,
and applied to the ufe of fuch county. And it fhall be the duty of each tax receiver
to examine the alphabetical digeft fo tranfmitted by the treafurer, and report upon
oath all lands and other property within his diftrict not returned as aforefaid, and the
quality of fuch land, to the beft of his knowledge and information, to the collector
for fuch county ; and it fhall be the duty of fuch collector to proceed to collect the
taxes due thereon, in the fame manner as if fuch property had been returned under
this act, and fhall be accountable for the fame to the treafurer- 9$
Receivers and V. And be it further enaBed, That the receivers and collectors of tax for the
refponfible to refpective counties fhall be refponfible to the executive department, and be amenable
the executive, to fuch rules in conducting the duties of their refpective offices, as the executive may
The colle&ors think necefTary and proper. The collectors of the refpective counties before they
fecurity. °° enter on the duties of their office, fhall give bond with fufficient fecurity, as follows:
For the county of Chatham, in the fum of twenty .thoufand dollars; for the county
of Camden, in the fum of four thoufand dollars ; for the county of Glynn, in. the fum
of two thoufand dollars; for the county of M'Intoih, in the; fum of .five thoufand
dollars ; for the county of Liberty, in the fum of five thoufand dollars .; for the county
of Bryan, in the fum of three thoufand dollars ; for the county of Effingham, in the
fum of two thoufand dollars ; for the county of Scriven, in the fum of two thoufand
dollars ; for the county of Burke, in the fum of five thoufand dollars,; for the county
of Montgomery, in the fum of two thoufand dollars ; for the county of Wafhington,
in the fum of four thoufand dollars ; for the county of Warren, in the fum of four
thoufand dollars; for the county of Hancock, in the fum of four thoufand dollars;
for the county of Greene, in the fum of five thoufand dollars ; for the county of
Richmond, in the fum of eight thoufand dollars ; for the county of Columbia, in
the fum of fix thoufand dollars ; for the county of Wilkes, in the fum often thoufand
dollars ;
L AW S OF G E 0 R G I A. 6g i
dollars ; for the county of Oglethorpe, in the fum of eight thoufand dollars ; for the A. "D. 1797-
couaty of Elbert, in the fum of five thoufand dollars 5 -for the county of Franklin j, . No. 590.
in the fum of four thoufand dollars; for the county of Jackfon, in the fum of three
thoufand dollars ; for the county of Bullock, in the fum of two- thoufand dollars,;
for the. county of Lincoln, in the fum of three thoufand dollars; for the county of
Jefferfon^ in the fum of three thoufand dollars ; and fhall alfo take and fubfcribe the
following oath or affirmation, to wit : . " I, A. B. appointed collector of tax for the Their oath.
county of do folemnly fwear, that I will faithfully difcharge the duty
required of me by law ;"" and in cafe of death, refufal or neglect of any collector to Vacancies,
enter into fuch bond or take fuch oath, then his excellency the governor is hereby,
authorized and required to appoint fome other perfon willing to accept the fame on
the qualification aforefaid ;. who fhall attend in each diftrict of the county to receive
fuch tax, and fhall previoufly give at leaft ten days notice thereof, and fhall attend at .
leaft two days in each captain's diftritt. ; and not within ten days of each other ; and
if he fhall prefume to execute the faid office without the qualification aforefaid, he
fhall forfeit double the fum for each perfon's tax he fhall receive ; to be recovered by
any perfon who fhall inform and profecute for the fame in any court or tribunal having,
cognizance of debts to that amount.
VI. And be it further enafted, That the governor for the time being, fhall take Band andfecu-
bond and fecurity of the collectors of each county refpeclively, in conformity to this taken" °WC° °
acl:, for the due performance of all the duties required of them ; and fhall tranfmit
a dedimus to the juftices of the inferior court of the feveral counties, or any two of
them, to receive and caufe to be executed fuch bond, with two or more feeuritiesi
to be approved of by fuch juftices ; which bond fhall be forthwith tranfmitted by
them to the treafury office.
VII. And be it further enaEled by the authority aforrfaid, That all perfons whatfo- Tax returns, to
ever, who are poffeffed of any lands, granted to or furveyed for them or for any be rendered °™
other perfon or perfons, or of Haves, either in their own right, or of any other
perfon or perfons whatever, or are liable to pay any other tax by virtue of this act, -
{hall, on or before the firft day of May next, render a particular account thereof on
oath in writing, fetting forth in what county fuch land and flavcs are, to the beft
of his, her or their knowledge, to the receiver of the county wherein fuch perfon
refides, at fuch time and place as the receiver of fuch county fhall appoint for the
doing thereof, fo that the fame be done on or before the firft day of May aforefaid ;
which oath or affirmation fhall be in the words following, viz. "I, do Form thereof.*
fwear or affirm (as the cafe may be) that the account which I now give in, is a
: juft and true account of all the taxable property which I was poffefFed of, held
• or claimed on the firft day of January laft, or was interefted in or entitled unto,
"•.either in my own right, or the right of any other perfon or perfons whatfoever,
*fc as parent, guardian, executor, adminiftrator, agent or truftee, or in any other
"' manner whatever, according to the beft of my knowledge, information and belief,
u and that I will give a juft and true anfwer to all lawful queftions that may be
tfe afked me touching the fame; and all this I declare without. any equivocation or:
fS mental:
6$2
DIGEST OF THE
A. D. f 797.
No. 500.
Penalty forneg.
leift 01 falfe re-
turns.
Attornies or
truftces — how
liable for tax.
Abfentees — in
what manner to
fee notified.
" mental refervation whatever ; So help me God" "Which fnid oath or affirmation
the receivers of tax returns for the feveral counties, are hereby refpectfully autho-
rized and required to adminifter gratis.
VIII. Ai.'.l be it further enabled. That if- any pcrfon or perfons (hall neglect or
refufe to give in a return of his, her or their taxable propei tv, or (hall be convicted
of Fraud or of making a falfe return thereof, he, (he or they " be Ik.ble to pay to
the clerk of the inferior court of the county, a fine of ten cioiiaxs for every hundred
dollars valuation fo neglected or concealed j one half whereoi for the ufe of the
county under the direction of the inferior court, and the other half to the ufe of
the informer or informers 5 to be recovered in any court having cognizance of the
fame.
IX. And be it enabled, That all attornies or truftees of, or for any perfon or perfons
living without the limits of this Stare, (hall make true returns as aforefaid, in the
diftrict wherein fuch attorney or truftee refides j and that fuch attorney or attornies,
truftee or truftees, (hall be fubject and liable to pay the tax to become due by this
aft, or which may be due by virtue of any former tax aft or afts, for fuch land or
lands, (lave or flaves, out .of his or their own proper eftafte, nctwithftanding fuch
attorney or attornies, truftee or truftees, may renounce or difclaim afting as fuch
before the faid taxes are levied ; unlefs fuch attorney or attornies, truftee or truftees,
(hall make oath before the receiver aforefaid, that he or they hath or have re-
nounced fuch truft or attorneyftiip, before the payment of fuch tax became due,
without having done it only with defign to aviod the payment thereof. Provided al»
•waysy That if fuch attorney or attornies, truftee or truftees, (hall within one year
next after making fuch oath, again become attorney or attornies, truftee or truftees,
or act, as fuch, he or they lhall be liable to pay the faid tax as herein directed, any
thing herein contained to the contrary notwithftanding; and for levying whereof
the fame remedy (hall be and is hereby given as for levying the tax to become due
by virtue of this aft, on the proper eftate or eftates of fuch attorney or attornies,
truftee or truftees, or other perfon or perfons acting as fuch. .
X. dnd be it further enabled by the authority aforefaid, That in cafe any land or other
taxable property (hall be found by the receivers to belong to any perfon or perfons
refiding without the limits of this State, and who have no attorney or attornies,
truftee or truftees legally conftituted in this State, or which have not been returned
to any receiver appointed to the county where fuch lands are, then, and in fuch cafe
the receivers (hall be, and they are hereby authorized and required to charge fuch lands
and other property for the payment of the tax impofed thereon, and alfo for all taxes
due thereon by any former tax act, and forthwith, once in every month, to publifti
and give notice of fuch charge or aftefiment in the gazette : And in cafe of non-pay-
ment of fuch taxes within fix months, the faid lands and other property (hall be there-
after liable to double tax, and to be proceeded againft by attachment in a fummary
way by the colledtor in ths manner of diftrefs and fale, and to make titles to the
perfon or perfons purchasing the fame, and to pay the money, lawful charges only
to be deducted, into the treafury. Provided, -The, owner or owners, his or her
agent
LAt^S OF GEORGIA. 653
sgent or attorney (hall not within twelve months after fuch fale apply for the furplus: A. D. 1797.
And it ftiall be the duty of every tax collector, and he is hereby required on the day No- S9°-
on which he fhall come to a final fettlement with the treafurer, or on the day when
he is required by law to clofe his accounts, to make a return on oath, which fhall be
certified and vouched for by at lead two juftices of the peace for the county, of all
lands fold by him for the taxes, fpecially fetting forth the tax for which it was fold,
the price it fold for, and the purchafer or purchafers. And in cafe of failure, fuch
collector and his fecurities fhall be fubject to a penalty of two thoufand dollars, 'to be
recovered in any court having cognizance thereof, to the ufe of the profecutor, and
fhall alfo be fubject to an action at law for damages, by any perfon aggrieved- thereby.
XL And be it enabled by the authority afore/aid, That all perfons whatfoever, Tax — when t«
who are poffefled of any lands or (laves in this State, in his or their own right, or v p '
in the right of any other perfon, or any ways liable to pay tax by virtue of this or
any other act, {ball pay in their taxes to the collectors that may be appointed to
receive the fame, in the manner herein after directed, on or before the firft day of
February next, and the refpective collectors receipts fhall be held and taken as fatis-
factory ; and if on the faid firft day of February, any perfon or perfons fhall be in Defaulters pro-
default, the collector of the county where fuch default fhall happen, fhall immedi- pwy to be iold.
ately proceed againft fuch defaulter by diftrefs and fale, (after due notice given of
fuch fale, which in no cafe fhall be lefs than twenty days, by advertifement in one
of the public gazettes of this State, and ftating the amount of the afleffment levied
or tax due by fuch perfon or perfons) of goods and chattels if any to. be found, other-
wife of the lands of fuch defaulter or defaulters, or fo much thereof as will pay the
amount of taxes due, with cofts ; but no fale of lands (hall be made or be valid unlefs
two months notice thereof be given by advertifement in one of the gazettes of the
State, which fhall be regularly publifhed until the day of fale ; and in all fuch cafes
to make titles to the purchafers of the property fold as aforefaid. And the faid
collectors refpeclively fhall, on or before the firft day of June, in the year of our
Lord one thoufand feven hundred and ninety-eight, clofe their accounts, and deliver
the fame to the treafurer for the time being, and after deducting five per centum on
all fuch taxes as they fhall receive, pay the remainder to the faid treafurer.
And the tax collectors (hall, at all fales of land for taxes, firft offer fuch part of The manner of
€ 1
fuch lands for fale as may reafonabPy be expected to produce the amount of tax a e"
due by the owner thereof 5 and if he (hall not have a bid for fuch part of the faid
lands, he may then offer a larger quantity until he can produce bids to the amount
of the taxes due ; and that no fale of lands heretofore or hereafter made by tax col-
lectors of more than one tract or grant belonging to or fold as the property of one
perfon or one company or fociety of perfons, where fuch tract firft fold fhall have
produced or amounted to the taxes due by fuch perfon, or on all the lands returned *
or reprefented as the property of fuch perfon or perfons, (hall be deemed or con-
fidered valid ; but fuch fales are hereby declared to be null and void.
XII. And be it further enaEled, That when any of the faid receivers of returns Double tax, m
or collectors of taxes fhall or may dilcover that any land or (laves or other taxable cerCain c*fcfa«
property
<*54
DIGEST.. OF THE
A. D. 17970
No. J9Q-
Lift of insolv-
ents to be cor-
rected by .grand
juries.
Taxes to be pre-
ferred to all in-
cumbrances.
Deeds &c. made
io avoid pay-
ment of tax
deemed void.
property hath not been returned as in this acY pointed out, he or they (hall fummom
three freeholders residents of the. diftriet where fuch land may lie or. property be,,
to afcertainthe quality of fuch lands or other property, and .double ..the tax thereon;,
for which amount the collector, is hereby empowered and .required to levy, fell and
convey, in the manner herein already mentioned, provided, always navtrthelefs, That
all lands , or other property vefled in commiffioners or truftees, for public ufes, fhall
not come within the purview of this act. And provided alfo, That no fale which mail
be made under this act of the property of orphans (having no guardians or. truftee)
(hall have, any effect..
XIII. And whereas, it has happened, and may frequently happen, that between
the day of receiving ;the return, and the day appointed for the payment of the faid
tax, many perfons have left the diftriet in which they refide, and have been returned!
by the collectors as infolvents • who had no property upon which the collectors could
levy and diftrain, Be it therefore enacted by the authority afore/aid, That the collector
in any county, fhall be obliged, to lay before the grand jury of each county, a lift of
fuch infolvents as may. be in fuch county or counties, on oath* who fhall allow or,
difallow the fame.
XIV. And be it enacled by the authority aforef aid, That the taxes impofed by this
act fhall be preferred to all fecurities and incumbrances whatever ; and that in cafe ;
any perfon or perfons coming under the notice of this act fhall die between the time
of giving in his, her or their returns to the receiver or receivers refpectively, and :
the paying of, his, her or their tax, and any goods or chattels of the deceafed to the
value of the fum taxed fhall come into the hands of his, Tier or their executors or
adminiftrators, or executors in their own wrong, fuch executors or adminiftrators
fhall pay the fame by the time before limited prior to all judgments, mortgages or,
debts whatfoever, otherwife a warrant of execution fhall iffue againft the proper goods,
and chattels of fuch executor or administrator ; and if any perfon or perfons between
the time of rendering the account of his, her or their eftate to the receiver aforefaid,
and the time of his, .her or their paying in the faid tax-,, fhall be about to depart the
county in which-- he, me or they may have immediately then preceding refided ; the
faid collector or collectors is and they are hereby directed and required forthwith to
levy the fame notwithstanding the day- of payment may not then have arrived, .unlefs
fuch perfon or perfons fhall and do find fecurities to be approved of by the faid col-
lector or colle£tors refpectively, for the payment thereof, at. the day herein appointed.
XV. And be it further enacled. That all deeds of gifts, conveyances, mortgages^ ,
fale s and affignments of goods, lands, tenements and chattels of any kind of any
perfons whatfoever, made with an intention to "avoid, paying the afore faid tax, are
hereby deemed and declared null and void j and in cafe any perfon who has mortgaged
his eftate real or. perfonal, fhall refufe or neglect to pay the tax of the fame, the
mortgagee fhall be liable to pay the fame. Provided,. That no fale for taxes under
this act (hall tend to affect the State title,, to any property mortgaged or fecured
thereto v. .
XVI..
LAWS OF GEORGIA.
XVI. And be it further enabled by the authority afore/aid, That the treafuverfor A. JE). 1797,
the time being, be, and he is hereby empowered and required to grant executions ^T°- 59°\
againft all former collectors of- taxes who are or may be defaulters immediately after ciefauuingta^coi.
the palling of this aft ; and he is hereby required and direfted to proceed and prepare Form of a gene-
the form of a general return to be made by the refpeftive receivers of :tax returns, rairetum.
to be approved of by the governor, and tranfmitted by the treasurer, without delay,
to the aforefaid officers.
XVII. And be it further enabled. That where the colleftor of the county finds no Coile&ors may,
property real or perfonal therein, of perfons in arrears, to fatisfy the tax due by 'J? ccrtain caf^»
virtue of this or any former tax aft, fuch colleftor is hereby authorized and empow- ing out of their
ered.to fell fo much pi the property of the perfo-n neglefting to-pay as aforefaid, as county"
maybe fituate in any other county or counties, as will fatisfy the faid tax and arrears
of tax as aforefaid, without further notice than his giving twenty days previous
publicity of faid fale by advertifement in one of the gazettes of this State j and the
colleftors (hall be allowed the fum of fifty cents for each execution levied, and five
■per centum on the amount or negleft of all fales,
XVIII. And be it further enabled, That every perfon or perfons refuting or neg. Additional tajs
lefting to give in a lift of his, her or their taxable property agreeably to the direftions 0H defaulter«-
of this aft, fhali forfeit and pay for every fuch negleft, the fum of one dollar for
every free male above the age of twenty-one years, and the fum of one dollar for
. every negro ; the fum of eighty cents on every hundred dollars value of every lot,
wharf or other lands not herein already enumerated, and on all buildings within the
.limits of any town, village or borough within the fame, to be paid by the mafter or
owner thereof, and to be recovered by bill, plaint or information, before any court
of record ; the one half thereof to go to the informer, and the other half to the
ufe of the county where fuch information is made.,; except where the profecution is
t carried on by prefentment, and in that cafe the whole fhall be applied to the ufe of
the county 1 Provided always, That fuch information or prefentment be made within
.tweh .iionths after fuch negleft or default.
XIX. And ivhereas, divers perfons, non-refidents of this State, import large Tax on ma-doa.
-quantities of goods, wares and merchandize, and evade the payment of taxes by not n^n-i-didlnc" y
being in this State at the time ufually prefcribed for making returns for taxes; for
remedy whereof, Be it enabled, That any non-refident who fhall expofe to fale any
goods, in this State, (hall, on his arrival or within feven days after entering the fame,
make return, on oath, to the receiver of taxable returns, and give fecurity to the
tax colleftor, to pay the fame on or before the time prefcribed for paying taxes
^impofed by this aft : Provided, That fuch goods fhall not be liable to. pay the tax,
when they may be exported, or placed in the hands of a vendue mafter to be aftualJy
difpofed of by him or them 5 and on failing to comply as aforefaid, it fhall and may.
be lawful for the tax colleftor to proceed againft him or them, in like manner as'
againft perfons about to remove out of the county.
XX. And be it further enabled, That it fhall be the duty of the judges of the Defaulters to lie
ffuperior courts, at their aext term, after the returns of the receiver of taxable pro- Prefented-
perty
6 $6
DIGEST OF THE
A. D. 1797. perty {ball have been made agreeably to this aft, to give it in charge to the grand
No. 590. juries of the feveral counties, that they do prefent all fuch perfons as may be
defaulters under this ad 5 Provided neverthelefsy That where any perfon or perfons
who may be a defaulter, (hall, before any information or prefentment be made againft
him or them, go to the clerk of the fuperior court of his county, and give in a lift
of his property, upon oath, in the fame manner as ought to have been given to the
receiver, fuch perfon or perfons fhall be exonerated from the pains and penalties of
this aft ; and each perfon fhall pay to fuch clerk for taking fuch lift, the furn of fifty
cents ; and every fuch clerk fhall return to the collector of his county, on or before
■ the firft day of December one thoufand kvea hundred and ninety-feven, a true lift
of fuch property, and alfo tranfmit to the treafurer a return thereof, on or before
the firft of February following-
Tax— how pay- • XXI. And be it enacled by the authority afore/aid, That the ta« impofed by this ac"r>,
able. Nojudi- {hall be paid andcolle&ed in fpecie, bank bills of the United States or of the differ-
ent branches thereof, governors, prefidents and fpeakers warrants, agreeably to the
order of the prefent legiflature, and nothing elfe j and no replevin fhall lie, or any
judicial interference be had in any levy or diftraint for taxes under this law,, but that
the party injured be left to his own proper remedy in a court of law.
Tax eolkftors XXII. And whereas, m conformity to the tax law of one thoufand feven hundred
to have credit and ninety-five many perfons had returned their lands in the counties where they lie*
m "mia cafo' but have fince taken advantage of the law of one thoufand feven hundred and ninety-
fix, and paid the taxes thereon in the counties where they refide ; and the collectors'
ftill ftand charged with the amount of the returns fo made ; Be it enafied, That the
treafurer be and he is hereby diveded-and authorized to credit any tax collector with,
the amount of returns made of lands by perfons rending in other counties;, Provided,
Such colleaor fhall make oath that fuch taxes have not been paid to him, and the
treafurer fhall make returns of all fuch lands to the colleaor of the county, where
the owner, truftee, agent, attorneyorguardianmayrefi.de, requiring fuch colleaor:
to fhew whether the taxes have or have not been paid to him, and if not, he the
laid colleaor Is authorized and required to- proceed againft fuch owner, agent, truftee:
or guardian as in cafes of default.
Tax on r.egroes XXIII. And be it further enafted, That the fum of fifteen dollars fhall be levied
imported for on aji negroes brought into this State by fea, for fettlement or fale ; except fuch as:
may be brought in by emigrants from any other part of the United States for fettle-
ment, to be paid to the tax colleaor of the county within which fuch negroes may;
arrive, within the fpace of twenty days after fuch arrival, and a return of which-
negroes fliall be made to the receiver of tax returns of the county, within five days
after fuch arrival, fpecifying the number and fexes of negroes fo imported ; and in
cafe of neglea or refufal to make fuch returns or payment, the faid negroes fhall
be, and are hereby declared to be forfeited to and for the ufe of the State ; and
fuch tax colleaor is hereby authorized and required to fell and difpofe of fuch ne-
groes, and to lodge the amount of fales thereof in the treafury ; Provided, That the
tax colleaors appointed by virtue of this aft,, (hall not be entitled to receive more.
than,
LAWS OF GEORGIA, 6$j
than one per centum on the tax impofed by this act, on negroes brought into this State A. P. 1797.
by fea, nor the receiver of tax returns more than one half per centum on the amount No* 59°-
of fuch tax ; and fuch collector fhall quarterly account for, and pay into the treafury
all monies fo by them received for fuch tax : And provided aljbt That nothing in
this act fhall be conftrued to impofe a tax of fifteen dollars on negroes brought into
this State, actually belonging to the veffels bringing them as mariners.
XXIV. And be it further enaBed by the authority aforefaid. That any receiver Penalty on re-
making: a falfe return expreflive of more or other than is to him given in, fhall forfeit fe'vers and Cv\'
6 r 11 lectors for mal-
and pay to the party aggrieved, a fum equal to double the amount of the tax on the praclice.
property fo illegally returned ; and any collector demanding any other or more tax
than by this act is impofed according to the refpective returns, fhall forfeit and pay
to the party aggrieved, for every fuch offence, four fold on the fum fo unlawfully
received, to be recovered before any jurifdiction having cognizance thereof. And
it fhall be the duty of the fheriffs of the refpective counties, to execute all executions
and other procefs iffued by the treafurer againlt officers appointed by this act, under
and by virtue of the fame.
XXV. And be it further enabled, That in cafe any collector of taxes for any county Executions to fas
in this State, fhall not fettle his account with the treafurer, and pay in the amount of lff«e*L a£ainfl:
his collection by the time pointed out in this act, the treafurer fhall publifh in one
of the gazettes of this State, a notification, requiring all and fingular the tax col-
lectors who may be in arrear, to come forward and fettle their accounts, and pay
the balance they may refpectively owe, into the treafury, within two months from
the date of fuch notification, which fhall be regularly publifhed fix weeks fucceffive-
ly, dating the fums due by each collector, their names and fecurities ; and in cafe
of failure to make fettlement and pay in the monies as aforefaid, the treafurer is
authorized and directed to iffue his execution againft every collector fo in default,
directed to all and fingular the fheriffs of this State, and tranfmitted to the fheriffof
the county for which the collector is appointed, who is required to levy the fame
immediately, if any property of the defendants in the county, if not, to tranfmit
the fame to any other county where the defendants or either of them may have pro-
perty ; and the fheriff of fuch other county is in like manner to levy the fame. And
no execution iffued by the treafurer, in manner herein prefcribed, fhall be ftayed
by reafon of the death of the faid collector or his fecurities, as to the fum due, or
the legality of the execution.
XXVI. And be it further enabled, That the collectors of the feveral counties Thetaxablepro-
fhall, before they receive the taxes from defaulters in their refpective counties, Perty9fdefault-
J r J ers to be entered
afcertain and enter in a book to be kept for that purpofe, the taxable property in in a book for that
default, and the amount of taxes due by fuch defaulter ; an exact copy of which purpofe'
book or digeft they fhall tranfmit to the treafurer, and another copy fhall lodge with
the receiver of taxes of the faid county, who fhall add the fame to his digeft previous
to fuch collector's receiving the taxes from fuch defaulters ; and in cafe any col-
lector fhall attempt to receive the taxes or any part thereof from fuch defaulter
or defaulters, before he fhall tranfmit the aforefaid digefts to the treafurer and
4 O receiver
6$B DIGEST OF THE
A. D. 1797. receiver as aforefaid, he fhall forfeit double the amount fo received to be recovered
No. 59°- by execution to be ifiued by the treafurer as in cafe of default, on information thereof
to the treafurer.
Former colle<ft- XXVII. And be it further enaBed, That all former collectors who are now in de-
Squked \oVc- fault> fliaII> within fixty days after the palling of this aft, return a digeft to the
turn <%efts t0 treafurer and another to the receiver of all monies received, or which thev mav re-
the treaiurer. • r j r 1 r r • ^ • 1 , . . 7"71V-
ceive from defaulters as aforefaid, in the manner herein pointed out, and on failure
thereof fhall be fubject to execution and the penalties which collectors under this
act are fubjecl: to.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
DAVID EMANUEL, Prefident of the Senate.
Concurred, February 11, 1 797.
JARED IRWIN, Governor.
No. 591- An AH to ejlablifh a tobacco infpeclion in the town of Peterjhurg ;
one on the font h fide of Broad river, at the mouth thereof; and one
other on the lands of Ezekiel Harris, above Augufta.
Tobacco infpcc- I. 0> E it enaBed by the fenate and houfe of reprefentatives of the State of Georgia in
tion eftablifhed J|_J> general ajjembly met. That it fhall and may be lawful for an infpection of
veiled in Willi- tabacco to be eftablifhed in the town of Peterfburg, in the county of Elbert, on lots
am Watluns. thirty-five and thirty-feven, the property of William Watkins ; and that the faid
warehoufe with all the benefits and emoluments thereof, be, and is hereby veiled in
him the faid William Watkins, his heirs and afligns.
Ore at the H. ^"d & ** enaEted by the authority aforefaid. That one other tobacco infpeclion
mouth of Broad {hau De eftablifhed on the fouth fide of Broad river, at the mouth thereof, on the
ThomasWalton lands of Thomas Walton, junr. and that the right of the faid warehoufe be, and is
iunr« hereby veiled in the faid Thomas Walton, junr. his heirs and afligns.
And another in HI. And be it enaBed, That another warehoufe be, and is hereby eftablifhed on the
Richmond,veQ- plantation of Ezekiel Harris, in the county of Richmond, and that the right of the
Harris. faid warehoufe be, and is hereby veiled in the faid Ezekiel Harris, his heirs and
afligns.
Subjed to like ^ • -dnd be it further enaBed, That the aforefaid tobacco infpections fhall be regu-
rgitations as o- ]ated and governed by the fame laws that how are or may hereafter be made for the
government of the feveral tobacco inflections within this State ; and the proprietors
thereof fhall be allowed to receive the fame itorage as is directed by law to be received
at other tobacco infpeilions.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
DAVID EMANUEL, Prefident of the Senate.
Concurred, February 11, 1797.
JARED IRWIN, Governor.
An
LAWS OF GEORGIA. 6$9
An Ac! to eftablijh a road from Louifville to Savannah ; one from Lou- A. D. 1797.
ifville to Wafhington, in Wilkes county ; and another from the No* 59a*
Chic kafaiv ford, on Brier creek, to Columbia court houfe*
~1£ 7"HERE AS, a road is now opened from within three miles of Louifville to Preamble.
\l ty within fifteen miles of Savannah, that is to fay : Beginning at Lambert's
Big creek, in the county of Jefferfon, to M'Cullars, Mill fpring, on Buckhead, to
Ifaac Brinfon's ; thence to Afa Tanner's ; from thence into the Auguft^ road, above
captain John Spencer's. And whereas, bridges are now erected over Lambert's Big
creek, big Buckhead, little Buckhead, and little Ogechee, at a great expence, but
defrayed by the generous fubfeription of individuals ;
I. Be it therefore enabled by thefenate and houfe of reprefentatives of the State of Georgia Road from Lou-
in general affembly met. That the faid road be eftablifhed as a public one, and that nah j:g eftablifh-
John Clements, John Powell, and Hugh Alexander, for the county of Jefferfon ; ed, andcommif-
Bryaht M'Cullars, Ifaac Brinfon and Batt Jones, for the county of Burke ; Richard e(i.
Cooper, Gabriel Parke and Afa Tanner, for the county of Scriven ; and Earneft
Zitteror, Samuel Ryall and Chriftopher Bailey, for the county of Effingham, be
commiffioners in the counties to which they refpe&ively belong, to open and work
on fuch parts of the faid road, from Louifville to Savannah, as are not already
opened, and to keep in repair the remainder.
II. And be it further enabled, That the faid commiffioners fhall have full power to inhabitants lia-
call out the inhabitants liable to work on the fame agreeably to the exifting road a£t. £ .' nWj ' to
now in force.
III. And be it further enacled, That one other road be opened and laid out from a road to be o-
Louifville to the town of Wafhington (Wilkes county; acrofs Little river, at William- fr^n^f01^^
fon's mill ; and that William Black, Zachariah Gray, and James Rogers, be appointed ingtoij in Wilks,
commiffioners for the county of JefFerfon ; Ifaiah Tucker, Solomon Newfom and ™s™™&£T'
Vinfon A. Tharpe, commiffioners for the county of Warren ; and Robert Mathews,
Thomas Porter and Richard Worfham, be appointed commiffioners for the county of
Wilkes ; whofe duty it fhall be to view, lay out, open, and keep in repair the
aforefaid road, and fhall have the fame powers given by law to commiffioners or
furveyors of roads in this State.
IV. Be it further enacled, That a public road be eftablifhed from the Chickafaw The road from
ford, on Brier creek, to Columbia court houfe ; and that Tames Culbreath, [ohn Chickafaw ford
' •> ' J to Columbia
Hobbs and Thomas Waggoner be appointed commiffioners on the part of the coun- court houfe, ef-
ti-s of Richmond and Burke ; and that John M'Donald, David Harris and tablifhed.
ftahepek be appointed commiffioners on thA part of the county of Columbia. And
in cafe of death, refignation or removal from office of either of the aforefaid com-
miffioncro, the inferior court of the county in which fuch vacancy may happen, (hall
fill up the vacancy at the next fucceeding court ; any law to the contrary notwith-
standing.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
DAVID EMANUEL, Prefident of the Senate.
Concurred, February 11, 1 797.
JARED IRWIN, Governor. An
66o DIGESTOFTHE
A. D. 1797. An Acl to eftab/i/Jj an infpeclion of tobacco at the White Bluffs on the
,' sn' Oconee river, in the county of Wajhington,
Tobacco infpec- I. T^ E // enabled by the fenate and boufe of reprefentatives of the State of Georgia
Bluff ^ ' C JL3 in general affembly met, and by the authority of the fame, That it (hall and may
be lawful for an inflection of tobacco to be opened at the White Bluff, on the
Oconee river, in the county of Wafhington, on the land of Thompfon Lawfon ;-
which faid infpection fhall be regulated by the exifting laws now of force, or that
may hereafter be made for the infpedtion of tobacco.
Veiled in Tho- II. And be it further enabled, That the right of the faid warehoufe is hereby veiled
mas Lawfon. jn Thompfon Lawfon, his heirs and affigns, who fhall be entitled to receive the fame
infpe&ors ap- ftorage as other infpeclors ; and that James Jones and Jeffe Armftrong be the infpec-
pointed.. tors thereof#
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
DAVID EMANUEL, Prefident of the Senate. '
Concurred, February 11, 1797.
JARED IRWIN, Governor.
No. 594. An Acl to divorce or feparate Henry Moore M'Donald and Mary his wife, and for protect-
ing each of them in their feparate ejiates.
February 11, 1797.
No. S95' dti Acl to divorce Benjamin Butler and Elizabeth his wife.
February 1 1, 1797.
No. 596. An Acl refpecling vendue mafters*
Preamble. "^"^ T" HERE AS, it hath been determined by a joint refolution of both branches
V ▼ of the prefent legifiature, that it is neceffary to increafe the number of
vendue mafters for the city of Savannah, and to appoint others for other places in
this State.
Vendue mafters I. Be it enabled, That there fhall be fix vendue mailers for the city of Savannah,
Snvannah ^* t0 wit : The fame tliat were ele(^ed bv Joint ballot"of both houfes on Tuefday the
twenty-fourth day of January paft; and who fhall in every refpeft proceed and conduct
themfelves in conformity to the terms of the " A<51 for regulating vendues," paffed
the eighth day of December, one thoufand feven hundred and ninety-four ; for and
during the time they may continue in office.
Augufta,Lou:f- II- 4nd be it further enabled. That there fhall be one vendue mafter for the town
ville and other 0f Augufta ; one for Louifville; one for St. Mary's; one for Wafhington, in Wilkes;
one for Peterfburg ; and two for Liberty county ; who fhall be appointed by con-
curred refolution of both houfes, and in all matters fhall conform to the aforefaid
a£t for regulating vendues.
III.
LAWS OF GEORGIA. 661
III. And be it further enaBed% That the mayor and aldermen of the city of Sa- A. D. 1797.
vannah be, and they are hereby authorized after the expiration of one year from the CorN°^;9£* f
firft day of March next, to appoint vendue mafters for the city of Savannah annu- Savannah, tcap-
ally, and are required to take bond and fecurity of fuch vendue mafters, agreeably f^fphceTn fu-
to the act for regulating vendues aforefaid ; which bonds they fhall tranfmit to the ture,andtotake
treafury office ; and the faid mayor and aldermen {hall fill all vacancies which may on ecunty
happen of vendue mafters, either from death, refignation, fufpenfion or removal
from office by the governor or otherwife.
IV. And be it further enabled. That, the juftices of the inferior court in every The inferior
other county where vendue mafters are directed by law to be appointed, to appoint thenffor^hTo-
fuch vendue mafters, take bond and fecurity, and fill all vacancies which may hap- ther places.
pen in like manner as the mayor and aldermen are authorized to do for the city of
Savannah.
V. And be it further enabled. That the tax on all lots in the city of Savannah, The tax on cer-
from which the improvements have been deftroyed by the late dreadful fires, (except tanna°htS remit'
fuch as may have been infured, to be eftablifhed by the oath of the owner, agent, ted on account
or truftees) for the year one thoufand feven hundred and ninety-fix and one thoufand
feven hundred and ninety-feven, be remitted.
DAVID MERIWETHER, Speaker of 'the Houfe of 'Reprefntatives,
DAVID EMANUEL, Preftdent of the Senate.
Concurred, February 13, 1 79?-
JARED IRWIN, Governor.
An AH to revife and amend the ftnjeral road acls, and for other fur- No. 597.
pofes therein mentioned.
I. '3 E it enacted by the fenate and houfe of reprefentatives of the State of Georgia in Perfons liable to
fy general ajfembly met. That every perfon liable to work upon any of the roads, T°?Y on roads»
creeks, caufeways, water paffages and bridges within ^this State, fhall bring with cany proper
them to the place appointed by the commiflioners or furveyors or any or either of t0 w ^
them, fuch tools as they may be directed by the faid commiflioners or furveyors or
any or either of them as aforefaid ; and every perfon or perfons refufing or neglect-
ing to bring the tools as aforefaid, and the owner, manager or employer of fuch
male flave or flaves as are liable to work, and fhall r^fufe or neglect to bring the faid
tools, fhall be liable to be fined at the difcretion of the faid commiffioner or commif-
fioners, furveyor or furveyors, or a majority of them, where there are more than
two in any one diftrict, in a fum not exceeding an half dollar each for every day he
or they fhall neglect or refufe to bring the faid tools.
II. And be it further enabled, That the bridge acrofs South Newport river, which Bridge acrofsS.
divides the counties of Liberty and M'Intofh, fhall be built and kept in repair at the NewPor"™er -
. . ...''■■ how to be built
joint expence of the faid counties, by a tax to be levied on the inhabitants of each and kept in rc»
county by the juftices of the inferior court of the faid counties refpectively. p*u'
III.
- 1
66i
DIGEST OF THE
A. D. 1 797-
No. 597.
The road act. of
1793, to. be in
force in Bryan
and M'lntofti.
The negroes on
certain planta-
tions in Chat-
ham, to work
on the road in
Bryan.
The road from
Greene to Sun-
bury — how to
be opened.
The inferior
court of Liberty
county to affei's
a tax for that
purpofe.
May eftabliih
ferries and the
rates of ferriage
This acl— in
what; counties
to operate.
No. 598.
The manner of
drawing money
outof the treafury,
depofite'd by p'ir-
chafers of Weltein
Territory.
III. And be it further enacled, That the act entitled " An act for regulating and
keeping in repair the public roads and bridges in the feveral counties in this State,"
pailed at Augufta on the ninth day of December, one thoufand feven hundred and
ninety-three, be, and the fame is hereby declared to be in full force and effect in the
counties of Bryan and M'Intofh ; any law to the contrary notwithftanding.
IV. And be it further enacled. That the male flaves fubject to road work under the
afore recited act belonging to and refiding on the plantations of John Wereat, Ralph
Elliott, and the eftate of Thomas Savage, efqrs. lying and being on the river Oge-
chee, in the county of Chatham, be, and they are hereby confidered as liable to work
the public road in the county of Bryan only.
V. And whereas, it hath been found impracticable for the feveral perfons liable
to work on that part of the road in the county of Liberty leading from the court
houfe in Greene county to the town of Sunbury, lying between the county line and
Wells's ferry, to open and complete the fame; Be it therefore further enacled, That
the commiffioners or furveyors of the faid diftrict or divifion, with confentof the
juftices of the inferior court for the county of Liberty, be, and they are hereby
authorized and empowered to agree with any perfonor perfons willing to undertake
to open and complete the faid road and bridges fo as to make the fame pafiable.
VI. And be it further enabled, That the juftices of the inferior court for the
county of Liberty, be, and they are hereby authorized and empowered to aflefs a tax
on the inhabitants of the faid county, not exceeding one eighth part of the general
tax for the year one thoufand feven hundred and ninety-feven, to be applied for the
purpofe of opening and clearing out that part of the aforefaid road lying between
the county line and Wells's ferry.
VII. Be it further enacled, That it (hall be lawful for the inferior courts of the
refpective counties in this State, to eftablifh fuch ferries at fuch places as they may
deem proper in their refpective counties ; and alfo to eftablifh the fees or rates of
ferriage at fuch ferries as they may eftabliih purfuant to this act.
VIII. And be it further enacted. That this act (hall operate and be enforced in the
counties wherein the act: for regulating and keeping in repair the public roads and
bridges in the feveral counties in this State, palled on the ninth day of December
one thoufand feven hundred and ninety-three, operates and has effect, and in no
othert, except that part which empowers the inferior courts to eftabliih ferries which
fhall operate in every county throughout the State.
DAVID MERIWETHER, Speaker of the Houfe ofReprefentatives.
DAVID EMANUEL, Frefident of the Senate.
Concurred, February 13, 1797.
JARED IRWIN, Governor.
An Aft for appropriating money for the year one thoufand feven hun-
dred and ninety-feven.
IV. A ND be it further enacted, That in all cafes where application fhall be made
by perfons who may have depofited monies in the treafury in part or
whole
LAWS OF GEORGIA.
663
whole payment for pretended (hares of land under the ufurped a£t paffed at Augufta A. D. 1797
on the feventh day of January, one thoufand feven hundred and ninety-five, and who ®°- 598>
are authorized under the act of the prefent feffion to draw fuch depofits therefrom,
the perfon or perfons fo applying, fhall, previous to receiving a warrant for any fums
fo depofited, produce the original treafury receipt for the fame, which fhall be tiled
in the executive office ; a fum equal to three and a fourth cents per day to each
private foot militia man raifed under the eftablifhment of the United States for the
protection of this State, and agreeable to a concurred refolutionof a former legiflature
for the time fuch privates were in actual fervice, to appear from the mufter rolls of
the faid troops ; to the honorable Abraham Baldwin eight hundred and feventy-fix
dollars ninety-five cents ; to John E. Smith the fum of five hundred dollars for print-
ing the laws and journals of the prefent feffion ; Provided, the faid Smith fhall have
faid laws and journals correctly printed and delivered to the executive, at the feat of
government, except fuch as may be receipted for at his office by the members of the
refpective counties, on or before the firft day of April next ; and fhall alfo eftablifh
a prefs in the town of Louifville on or before the firft day of October next ; And
provided alfo, That the faid Smith fhall within twenty days give bond and fecurity to
his excellency the governor in the fum of one thoufand dollars for the true performance
of the faid fervices ; and in cafe of his neglect or refufal fo to do, his excellency
the governor is hereby directed to contract for the printing the faid laws and journals
upon fuch terms as to him may appear moft conducive to the public good j Provided, Provifo.
That nothing in this act contained fhall extend or be conftrued to extend to the au-
thorizing the treafurer to pay out of the treafury any part of the monies depofited by
the pretended purchafers under the ufurped act of the feventh of January, one thou-
fand feven hundred and ninety-five, in part or whole, pretended payment for (hares
of the territory fold under the faid a£l to any other than thofe who have depofited
the fame.
DAVID MERIWETHER Speaker of the Houfe ofReprefentatives.
DAVID EMANUEL, Prefident of the Senate.
Concurred, February 13, 1 797.
JARED IRWIN, Governor
No. 599.
An Acl to reinfe and amend an aclfupplementary to an a cl for regulat-
ing the toruon of Augufta ; and to amend an adit entitled " An aSl
for regulating the toivn of Savannah and hamlets thereof ; and for
other purpqfes."
I. MllE it enabled by the fenate and houfe of reprefentatives of the State of Georgia in The manner of
M M general ajfembly met, That every owner of a lot in the faid city, and every ele(^1.ng aWer-
citizen of this State, who is an occupier of a houfe, and fhall have refided in the of Savannah.
faid city twelve months previous to the day of election of aldermen for the faid city,
fhall convene in fome place to be appointed and publicly notified by the mayor and
aldermer
664 DIGEST OF THE
A. D. 1797. aldermen now in office, at lead ten days previous to the day of eleAion within the
No.. 599- faid ward in which they refide, or own a lot as aforeiaid, on the firft Monday in
March next, and eled by ballot one alderman, who fhall be a freeholder in the faid
city, to reprefent them in the city council thereof : Provided, That no houfe or tene-
ment fhall qualify more than one perfon to a vote.
Two or mere II. And be it further enaBed, That two or more magiftrates of the county of
magnates to Chatham fhall prefide at, and fuperintend the faid eledion, in each ward, and that;
SSTtoeS one or more conftables of the faid county or city ihall attend, for the purpofe of
ward preferving order at the faid election.
Voters may be III. And be it further enaBed, That if any perfon fhall offer to vote, who is not
required to pro- known t0 the prefiding magiftrate to be a citizen of this State, and otherwife qualified
duce a cerufi- ^ ^^ ^ ftall not be allowed to vote, unlefs he mall produce a certificate
from fome court of record properly authenticated, of his being qualified as fuch, a:nd
having taken the oaths of allegiance in conformity to the ads of this or the United
States. . , -.
Certain perfon, IV. And be it further entitled, That no perfon holding an appointment under this
not eligible, to State or the United States (except juftices of the peace and officers of the militia)
be eledted. ^ ^ eligible to the appointment of an alderman.
" Perfonsholding V. And be it further enabled, That no perfon holding an appointment under the
certain appoint- corporation Gf the faid city, and for which he receives a falary or other compenfation
S^SSS for his fervices, fhall be entitled to vote for an alderman during the time for which
t0 vote' he holds his appointment.
The ekdions to VI. And be it further matted, That the aldermen which fhall be eb%d on the firft
be annual. Monday of March next as aforefaid, fhall hold their appointments until the far It
Monday in July, in the year one thoufand feven hundred and ninety-eight, on which
dav the perfons qualified to vote as aforefaid, fhall proceed to ele£t an alderman for
each ward in the manner and under the reftriaions pointed out m this aft ; and fhall
annually thereafter on the firft Monday in July, in every year, eled an alderman for
each ward as aforefaid, to reprefent them in the city council agreeable to this act,
and in no other manner whatever.
The commiffi- VII. And for the better regulating the town of Saint Mary's in the county of Cam-
oners of the den Be it further enaBed, That the commiffioners of the faid town of Saint Mary s
S^gf JS; be, 'and they are hereby vefted with full power and authority to make fuch by-laws
certain powers. and regulations as may be neceffary for the good order and government ot the laid
town of Saint Mary's; Provided, fuch by-laws and regulations be not repugnant to
the laws and conftitution of this State, and the United States,
nepeaiing c.aafe. VIII. And be it further enaBed, That fo much of the aforefaid ads as militate with
this a& be, and the fame are hereby repealed.
Green flreet in IX. And be it further enaBed by the authority aforefaid, That the truftees of the town
Aagufta, to be f A ufta be, and are hereby authorized and required to make uniform the itreet
We umform. .^ b^^ ^ ^.^ ^ ^ ^ ^ uniform and ^ ^ dt
convey by proper deeds of conveyance, to the perfons holding lots on the fouth fide
thereof, between Wafhington and Lincoln ftreets, the ground lying and being between
T.IIC
LAWS OF GEORGIA.
66j
tht faid lots refpe&ively, and a parallel line to be drawn from the corier at the inter-
fection of Greene and Wafhington ftreets, to the corner where the faid Greene
flreet is interfered by Lincoln ftreet on the fouth fide thereof,, and to their heirs and
afiigns forever, in fee fimple, in as full and ample a manner, as the other lots, in the
faid town have been conveyed ; the aforefaid lot holders refpectively, their heirs or
affigns, firft giving bond with good and approved feemiity to the faid truftees, paya-
ble on or before the firft day of March in the year one thoufand feven hundred and
ninety-eight, with intereft from the date thereof, for a fum of money which fhall
be equal to the average amount of the truftees o* commiffjoners fales of the two
fquares of, lots, the one laying immediately above and the other below the aforefaid
corners, in proportion to the quantity of ground to be conveyed to each lot holder ;
and the money arifing therefrom, fhall be, and the fame is hereby appropriated to
the ufe of the academy in the faid town ; any thing contained in the original plan
of the town, or any former act relative thereto, notwkhftanding.
X. And ivhsreasy in and by an ordinance patTed by the general aiTembly on the
fixth day of December, one thoufand feven hundred and ninety, the exclufive right
to erect a bridge over the river Savannah at Augufta, was vefted in Wade Hampton,
his heirs and afiigns, upon certain conditions therein expreffed ; and the faid Hamp-
ton in purfuance thereof, did, at great expence, erect a bridge in terms of the faid
ordinance ; which faid bridge hath been entirely deftroyed by an extraordinary frefii
in the faid river •, and the faid Hampton being defirous of rebuilding the faid bridge,
and to have further time allowed hirn to effect the- fame; and great public utility hav-
ing been experienced by that heretofore erected :
Be it therefore enabled by the authority aforefoidy That the before mentioned ordi-
nance is hereby revifed, and declared to be in full force and operation, and the time
therein limited for rebuilding a bridge acrofs the faid river, fhall, and is hereby
declared to be extended to the term of two years, from and after the paffing of this
act and no longer.
XI. And be it further enafledyThat provided the faid bridge fhall be re-built within
the fixed term of two years, in manner pointed out in the aforefaid ordinance, then
and in that cafe the profits and emoluments arifing from the faid bridge, together
with all the rights and privileges intended to be veiled by the faid ordinance fhail, and
is hereby declared to be exclufively vefted in the faid Wade Hampton, his heirs and
afiigns according to the true intent and meaning thereof : Provided nevertheless t That
the truftees of the town of Augufta, or a majority of thcfe actually refiding in the
county of Richmond, fhall be, pnd are hereby vefted with fiill power and authoritv
to point out the fituation or place where the faid bridge fhall be erected ; and the
faid Wade Hampton (hall be governed in that refpedt by their determination.
XII. .And whereas f a majority of the whole number of truftees of the academy
and town of Augufta, is found by experience to be too numerous a body to manage
and conduct the various brawch.es of bufmefs attached to their appointment, owing
to the frequent abfence and change of -refidence of members ; for remedy whereof^
XIII. Be it enacted, That from and immediately after the paffing of this act, a
majority of the truftees actuary being and refiding within the county of Richmond,
4 P M\t
A. D. 1797.
No. 599..
WadeHamptosi
Alloiyedfurther
time to rebuild
the bridge at
Augufta.
If re-built in the
time prefcribed,
the exclufive
right to remain
in him and hi*
heirs, agreeably
to the original
ordinance.
The truftees of
Augufta to point
out the pl.itc.
"Whatnumberof
truftees to cofl-
ftitute a compe-
tent board.
666 DIGEST OF THE
A. D. 1797. fhall and are hereby declared to conftitute and form a board of truneesforthe acade-
No. 599. my ami town of Augufta, with full and ample powers to do and tranfacl thebufinefs
of the fame ; any; law to the contrary- thereof notwithflanding.
George Walker XIV. And be it further enacled by the authority afore/aid, That George Walker, Efq...
appointed a trui- ^e> nn(j j^ js jiere^>y appointed a truftee in the room of Seaborn Jones, Efq; who
The number not hath refigned :.. And that the whole number of truftees for the faid town and acade--
tu be encrgafed. niy fliau nQt exceefi the numDer now in office.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives..
DAVID EMANUEL, Prtftdent of the Senate.
Concurred, February 13, 1 797.
JARED- IRWIN, Governor.
Ns. 6co. An Ad'' to amend an acl, entitled " An act to regulate eleclions ivithin this State, fo far
as it ref peels the eleclions of magiflrates and jujlices of the inferior courts in certain
counties within this State. .
February 13, 1797.
No. 601. An Acl for repealing an acl, entitled " An acl authorizing certain
perfons herein mentioned, to ereel toll bridges over Little river and.
over ivater courfes ivithin this State.
The afl author- I.. "^"IT 7"HEREAS, it is found from experience that toll bridges are prejudicial, \
izinsitollbrKlg- WV and not of that benefit to the inhabitants contemplated bv the faid acl,'.
ts repealed, ex- . * .
cept'one over Be it therefore enacted by the fenate and houfe of reprefentatives of the State of Georgia
creelfandTittle '''7 genera^ ^fftrnbiy met, That the above recited acl: be and the fame is hereby repealed ;
river. except fo far as relates to the bridge over Beaver dam in Scriven county, .on the Sa-
vannah and Augufta road, and Little river.
The proprietors II. And be it further enacled, That the j unices of the inferior court in each.
— mwimman- county. where tell bridges have been erecled in conformity to the aforefaid acl, be
ner to &e com- j a 1 ^
pcr.fated. empowered to agree with the perfon or perfons who have fo erecled a toll bridge or
bridges agreeably to the terms of the acl aforefaid, for a reafonable and adequate
comp*enution for the expencc and labor attending the building thereof, and to levy
a tax on the county to difcharge the fame, which fhall not exceed one tenth part of.
the general tax, unlefs the people at large in fuch county fhall prefer doing it by
fubferiptien \ in which cafe no tax fhall be levied by the inferior court; Provided,
fuch fubferiptien fhall be filled and paid into the hands of the faid court within fix.
months from the pafling of this acl.
- DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
. DAVID EMANUEL, Prejdent of the Senate.
Concurred, February 13, 1797.
JARED. IRWIN, GovERNORi-
Jhi-
X. AW.S OF GEORGIA, 6fy
An Act for opening and keeping open the river Oconee. A. D. 1797.
t, , No. 6oa.
February 13, 1797.
Repealed by aS of 1798, No. 618.
An Acl to pardon a certain negro man named Jerry. No' 6o>
E it enabled by the fnate and houfe of representatives in general ajfembly met, arid
by the authority of the fame, That a pardon is hereby granted to a negro man
by the name of Jerry, the property of Benjamin Kitchen, now under fentence of
death in the county of Washington.
DAVID MERIWETHER, Speaker of 'the Houfe of Reprefentatives.
DAVID EMANUEL, Prefdent of the Senate.
Concurred, February 13, 1 797*
JARED IRWIN, Governor.
An Acl for the relief of the unfortunate fufferers by the late f res in No. 604,
• Savannah,
WHEREAS, the city of Savannah, in this State, hath been vifitedin the courfer
of the laft year, by the mod exrenfive and difaftrous conflagrations, ever"
experienced on this continent, whereby a great many induftrious and worthy citizens
of this State have been reduced from a ftate of comfortable eafe and competency, to
ruin and diftrefs ; And whereas, it is not confident with the character and duty of
focial beings, to (land aloof and treat with indifference the afflictions of their fellow
creatures ; and the dreadful effects of thofe calamities have extended beyond the
bounds of individual benevolence ; in which cafe it becomes the duty of that govern-
ment under whofe prote&ion the unfortunate may be, and to whofe fupport they have
in profperity contributed, as well from motives of policy as beneficence, to alleviate
tkeir afflictions as far as the general intereft will permit.
I. Be it therefore enaBed by the fenate and houfe of reprefentatives of the State of Georgia
in general ajfembly met, That one third of the revenue or income which may be derived
to this State from the tax impofed on negroes brought into this State for fale, for the
current year, be and is hereby appropriated to and for the relief and benefit of the
unfortunate fufferers aforefaid.
II. And be it further enaBed, That the tax collector for the county of Chatham,
or any other county into whofe hands any money may come, for and on account of
the negro tax aforefaid, be, and is hereby authorized and directed to pay into the
hands of the mayor and aldermen of the city of Savannah, one third of fuch monies
quarterly ; and the receipt of the faid mayor fhall be acknowledged and admitted by
the treafurer in the fettlement of the faid tax collectors accounts.
III. And be it further enaBed, That fuch monies fhall be fubject to fuch distribu-
tion or difpofition as the citizens of Savannah may think proper to make.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
DAVID EMANUEL, Prefdent of the Senate,
Concurred, February 13, 1797.
JARED IRWIN, Governor. An
663 • DIGEST O? THE
A.D. i797« An Acl to improve the navigation of Brier creeks from the line divid-
ing the counties of Burke and Scriven, to the mouth thereof.
pei ions liable to I. "¥3 E it enaBed by the fenate and honfe of reprefentativei of the State of Georgia in
ercLkinScriven JL3 general ajfembly met , That the male inhabitants of the county of Scriven,
from the age of eighteen to forty-five years, which do or may refide within two
miles of the ("aid creek, (hall be, and they are hereby made liable to work on and
improve the navigation of the faid creek from the aforefaid lines of Burke and Scriven
to the mouth thereof, by laboring thereon three days in each year, under the penalty
of one dollar for each day, which any perfon or per f oris as aforefaid fhall neglect or
refufe to work or aid in improving the navigation of the faid creek ; and the mafter*
owner or other perfon or perfons having the charge or cuftody of any flave or other per- ■
fon bound to fervice or under the age of twenty-one years, fhall be, and they are hereby
made liable to pay for the default or neglect of any fuch perfon or perfons whatever.
The inftrior II. Be it further enaBed, That the inferior court of the county of Scriven fhall be
comm^ffioncrs11 authorized t0 appoint commiflioners to improve the navigation of the faid creek ; who
are hereby authorized to call or fummons the faid inhabitants, and by their joint
labor to improve and open the navigation of the faid creek ; and they, the faid com-
miflioners reflectively, fhall ilTue executions agai'nft the feveral perfons who may
neglect or refufe to comply with the terms of this act, and to apply fuch fum or fums.
of money as may be fo received, to and for the ufe and benefit of the navigation o£
the faid creek.
Perfons work- III. Be it further enaBed, That fuch perfons as are required by this act to aid in
ing on the creel tj1£ improving 0f the navigation of the aforefaid creek, fhall be exempted from work-
roads, ing on any public road.
What tools and IV. And be it further enaBed, That every perfon or perfons liable to work as afore-
be ufcd^" S t0 faid, ma^ bring with them one good ax each, and fuch other tools and implements
as the faid commifhoners may direct ; and every perfon or perfons neglecting or re-
fufing to bring fuch tools and implements as may be required as aforefaid, fhall be
fined in a fum not exceeding one dollar each per day; and the owner, manager or
employer of any flave or flaves liable to work, and neglecting or refufing to bring the
tools or implements required by the commiffioners as aforefaid, fhall be fined for each
flave, neglecting or refufing as aforefaid, in a fum not exceeding one dollar each per
day j to be recovered by warrant under the hand and feal of the faid commiffioners
or a majority of them, directed to the fheriff or any conftable of the county in which
they refide ; and it fhall be the duty of the faid fheriff or conftable to levy and make
fale of the defaulters goods and chattels, as in cafe of execution and levy, ordered by
the fuperior or inferior courts in this State.
Repealing daufe. y# ]je it fiirther enaBtd, That all other acts or parts of acts for the improvement
of the navigation of the aforefaid creek, fo far as militates agaimt this act, fhall be
and they are hereby repealed.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives..
DAVID EMANUEL, Prefdent of th Senate.
Concurred, February 13, 1797.
JARED IRWIN, Governor. M
LAWS OF GEORGIA. 669
An Acl to make permanent the feat of the public buildings in the county A. D. 1797.
of Glynn, and for other purpofcs therein mentioned.
I. 3 E it enacted by the fenate and houfe of reprefentatives of the State of Georgia in Commiffioners
|3 general ajjembly met, That Richard Prichard, Martin Palmer and Mofes aPPointcd-
Burnett be, and they are hereby appointed commiffioners of the court houfe and gaol
in the county of Glynn j which court houfe and gaol fhall be erected on one of the Court houfe &
moft convenient public lots in the town of Brunfwick,, which fhall be conveyed to f0 be ;n ^/unf-
them by the commiffioners of the aforefaid town and commons. wick.
II. And whereas, it has been found that there is much more land referved for the
commons of Brunfwick than is neceflary for that purpofe -y Be it therefore enacled, Pan of the town
That the commiffioners of the above town and commons are hereby authorized to fell f°^mon' c
and difpofe of five hundred acres of the commons of Brunfwick, at fuch time and
place as they may deem moft proper, after giving three months public notice in one
of the gazettes of Savannah,, in lots not exceeding fifty acres, each, and make titles
to the purchafer or purchafers in fee Ample ;, which monies ariftng from the fale of The monies —
the faid land fhall be applied under the direction of the faid comrniiuoners of Brunf- ]°i^d> ° e 9p"
wick as follows, to wit ; One moiety thereof to the ufe of the court houfe and gaol,
and the other to the ufe of the academy •, Provided, That the faid lands be not fold
for lefs than three dollars per acre \. any law to the contrary notwithftanding.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives^
DAVID EMANUEL, Pref dent of the Senate.
Concurred, February 13, 1797.
JARED IRWIN, Governor,
An Acl to divorce and feparate George Mathews and Margaret his wife, and for protect- No. 607.
ing each of them in their refpective eflaies..
February 13, 1797.
An Acl to divorce or feparate Abner Mitchel and Salley Mitchel his wife, formerly Sallcy No. 608.
Mitchel, and for prote fling each of them in their refpeclive (fates:.
February 13, 1797,
— — A. D. 8798,
An Acl to incorporate Augufta; and improve the public roads in the No- 6cs>-
neighbourhood thereof
WHEREAS, from the extent and population of the town of Augufta, its Preamble.
growing importance, both with refpecl to increafe of inhabitants and dif-
fufive commerce,:^- is indifpenfably neceflary that many regulations fhould be made
for the prefervation of peace and good order within- the fame : And whereas, from
the many weighty and important matters that eccupy the attention cf the legislature
at their general meeting, it has hitherto been found inconvenient, and may hereafter
become more fo, for them to devife, confider, deliberate on, and determine all fuch
laws and regulations as emergencies, or the local circumftances of the faid town may
from time to time require : L>
670 DIGEST OF THE
A. D. 1797. I. Beit therefore enabled. That from and immediately after the palling of this aft,
No. 6.;o. all perfons, citizens of the United States, and refiding one year within the faid town,
voters. and having a freehold or leafe for years, of a lot within the fame or the village of
Springfield, or between the faid village and town, (hall be deemed, and they are
incorporated & hereby declared to be, a body politic and corporate ; and the faid town- (hall hereafter
; c lty' be called and known by the name of the City of Augnjlay and fhall be divided into
Three DiftHds. the following diftricls, to wit : All lots fituate below the crofs ftreet, running from
the river Savannah, between the market houfe and the houfe of Mrs. Fox, to be
called and known by diftricl: number one ; all the lots between faid ftreet, and the
crofs ftreet running from the faid river, between the houfe of Mr. Andrew Innes,
and the houfe occupied by Collin Reed and company, to be called and known by
diftricl: number two ; and all the lots above that ftreet, including. the village of Spring-
field, fhall be called and known by diftricl number three.
Members. ofthe H. Be it further enabled, That any three juftices of the. peace for the county of
city council— Richmond, mall, within fixty days after the palling of this a<Sr, give ten days public
tions— how e- notice, that two members are to be chofen for diftricl: number one, three members
le<ftcd- for diftricl: number two, and two members for diftricl: number three, to reprefent
them in city council, whofe qualification fhall be the fame as that of a member of
the houfe of reprefentatives of the State legiflature •, and that all free 'white perfons
refiding in each diftricl:, being citizens of the United States, and refiding one year
within the faid town, and having a freehold or leafe for years of a lot therein as
aforefaid, ihall be entitled to vote for members for their refpeclive diftricls ; and
they fhall alfo notify the time and place, when and where the eleclion is to be held
for each diftricl:, and appoint proper perfons to conduct the fame ; and the* faid
perfons, when the election is clofed, fhall make a return to the faid juftices of the
perfons chofen members of the refpeclive diftricls j and the faid juftices fhall give
notice to the feveral perfons of their appointments refpeclively, and fummon them
to meet together at any time and place within three days after their eleclion, for the
purpofe of taking the oath of office prefcribed by this law, which oath may be
adminiftered by any juftice of the peace, or one warden to another ; Provided) Three
be prefent at the time of adminiftering the fame, and fhall be in the words follow-
Their oath. ing : " I, A. B. do folemnly fwear, that I will, to the utmoft of my power, fup-
" port, advance, protect and defend the good order, peace and welfare of the city
" of Augufta and its inhabitants ; and will faithfully demean myfelf in the office of
intendant, (or member of the city council, as the cafe may be) for the faid city,
according to the by-laws and regulations thereof, to the beft of my {kill and
" judgment ; I do fwear that I will fupport the conftitution of this ; I do alfo fwear
" that I will fupport the conftitution of the United States." _ \ -v
The inhabitants III. Be it further enabled, That when five or more ofjhe XjU^T^emtiers fhall ha^e"*"
(t
—how eledled. met anci quaj|fie(j as af0refaid, they fhall within throe days af^^fuch ttfe^CjUaK
cation, give five days public notice, that an intendant of the city is to be chofen by
the members of the city council either from among their own body, or the citizens
qf the faid town., polTeffing the qualifications of a member as aforefaid j and at the
time
LAWS OF GEORGIA. 671
time' mentioned in fuch notice, the faid members fhall meet at the court houfe in A. D. 17^7.
the faid city,, and vote for. fuch intendant : And when fuch intendant fhall be chofen, No* Co9-
he fhall take the oath above inferred, in the prefence of any two or more of the
members ;• after which lie may qualify fuch members as were not before qualified,
and if' any- member fhould be chofen intendant, he, together with the members, (hall Vacancies
fill up fuch vacancy until the next annual election. And the faid intendant fhall and
may, as often as occafion may require, fummon the members to meet together in
city council, any five of whom, with the intendant, fhall be known by the name of,
and they are hereby declared to be, The City Council of Augtifa : And they and their Powers of the .
fucceffors hereafter to be appointed, fhall have a common teal ; and (hall be capable •corPorat10"'
in law to purchafe, have, hold, receive, fnjoy, poifefs and retain, to them and "
their fucceffors, for the ufe of the city of Augufta, in perpetuity, or for any term
of years, any eftate or eflates, real or perfonal, meffuage, lands, tenements, or he-
reditaments of what kind or nature foever, within the limits of the faid city 5 and
to fell, alien, exchange, or leafe the fame, or any part thereof, as they fhall think -
proper; and by the fame name to fue and be fued, implead and be impleaded, an-
fwer and be anfwered unto, in -any court of law or equity in this. State : And they
fhall alfo be veiled v/ith full power and authority, from time to time, under their
common feal, to make and eflablifh fuch by-laws, rules and ordinances, refpecling
the harbor, ftreets, public buildings, work houfes, markets, wharves, public houfes, .
carriages* waggons, carts, drays, pumps, buckets, fire engines,- the. care of the
poor, the regulation of diforderly people, negroes, and in general every other by- -
law or regulation that fhall appear to them requifite. and neceffary for the fecurity, «
welfare and convenience of. the faid city, or for preferving peace, order and good;
government within the fame : And the faid city council fhall alio be veiled with full
power and authority to make fuch affeffments on the inhabitants of Augufla, or thofe '
who hold taxable property within the fame, for the fafety, benefit, convenience and
advantage of the faid city, as fhall appear to them expedient ; and to affix and levy ■
fines For all offences committed againft the by-laws of the faid. city ; and they are May appoint
hereby authorized to appoint a clerk, treafurer, harbor mailer, fire mailer, marfhal, clerk and othdr .•
conftables and ail fuch other officers (affixing, the falaries and fees of fuch officers
refpeclively) as fhall appear to them requifite and neceffary for carrying into effectual
execution all the by-laws, rules and ordinances they may make for the good order?
and government of the faid city and- the perfons. refiding therein. Provided^ That Market houfe,
nothing herein contained fhall authorize the city council to remove or alter the place n*t , t0 te K~ •
0 ... . moved.,
for the public market hOufe within the faid city, but the one now eflablifhed may be
enlarged or extended, as the convenience of the citizens may from time to time
require ; nor fhall they make any- by-laws repugnant to the conftitution or laws of
the land. And provided alfo, That the by-laws, rules and ordinances they may make,
fhall, at all times, be fubjecl to the revifal, alteration or repeal of the legifl-ature. >
IV. And be it further enaBcd, That the faid members of the city council fhall Wardans vefted i
^ach of them have full power and authority, and they are hereby required, to keep Wltftau*?f -
peace and good order within their refpeclive diftricts; to iffue warrants, and caufe ccsolthep
all:
1-.-
672 DIGEST OF THE
A. D. 1798. all offenders againfl law to be brought before them, and on examination either to
Mo. Co<). releafe, admit to bail, if the offence be bailable; or commit to the cuftody of the
{heriff of Richmond, who is hereby required and commanded to receive the fame,
and the fame to keep in fafe cuftody until difcharged by due courfe of law: And
each and every of the faid wardens for the time being, fhall be veiled with all the
powers and authorities that juftices of the peace are veiled with by the laws of this
State ; and fnall and may exercife the fame in every part of the faid city, for the
Ek&ion, annu- prefervatlon of the peace and good order thereof. On the fecond Monday in April,
Mn°d A- *n t^e year feventeen hundred and ninety-nine, and on the fecond Monday in April,,
pril. in every year thereafter, there Ihall be' an election for members within each diftrict,
as herein before defcribed •, the place fo* holding the faid elections, and proper per-
sons for managing and conducting the fame, to be appointed by the intendant at leaft
ten days before the faid time ; and the perfons fo chofen, ihall take the oath of
office before the intendant for the time being, or any judge or juftice of the peace,
after which they fhall be fully qualified to act as members, and fhall, within three
days thereafter, appoint an intendant, qualified as herein before expreffed ; but
after a new election of members, none of the former members fhall act or fit as mem-
bers of the city council, unlefs they fnall have been re-elected ; and the perfon fo
appointed or chofen intendant, (hall take the oath of office in prefence of two or
more of the members, until which, the former intendant fhall continue to act j. but
no perfon fhall be eligible to ferve as intendant for more than five years in any term
of feven years. — In cafe of death of the intendant, his refignation, refufal to act,
removal from office, or abfence from the State, the wardens fhall fill up fuch vacancy
until the next annual election ; and in cafe of vacancy in any of the diilricts, by death
or otherwife, fuch vacancy ihall be filled up by the intendant and other members,
Penalry on per- until the next annual election. And if any perfon, on being elected intendant, fhall
fons eletfed, re- refufe to act, he ihall forfeit and pay the fum of thirty dollars, for the ufe of the
faid city ; and if any perfon, on being elected member of the city council, fhall
refufe to act, he fhall pay for the ufe of the city the fum of twenty dollars : And in
Howpunlfhable cafe the intendant, or any of the members of the city council whilfl in office, ihall
fjrmal-pradhce ^e gUi]ty 0f any wilful neglect, mal-pvactice or abufe of office, he or they fhall be
fubject to indictment- in the fuperior court of the county of Richmond, in like
manner as juftices of the peace are by law fubject ; and on conviction thereof, he
or they fhall forfeit and pay a fum not exceeding fifty dollars, for the ufe and benefit
of the laid city.
Public roads— V. And be it further enaffed, That it fhall be the duty of the faid city council,
and they ihall have full power and authority, to keep in repair all public roads leading
to Augufta, for the extent of three miles from the faid city ; and may levy a tax for
that purpofe, in fuch manner and under fuch regulations as they may conceive leaft
burthenfome to the citizens, and beft calculated for the general good, convenience
and welfare of the faid city and the inhabitants thereof.
DAVID MERIWETHER, Speaker of the Houfe of Rep'refentaiives.
DAVID EMANUEL, Prefident of the Senate. "
AfTented to, January 31, 1798.
JAMES JACKSON, Governor, An
under their dl
rcdion.
LAWS OF GEORGIA. tf73
An Aft for the better regulating the town of Louifville* A. D. 17^8.
» No. 610.
HEREAS, the town of Louifville requires regulation : Be it therefore enafic
by the fenate and houfe of representatives of the State of Georgia in. general ajfem-
bly tnety and by the authority of the fame, That the following perfons, to wit ;. Doctor Commiffioners
John Powell, John Berrien, Chefley Boftwick, John Shelman and Michael Shelman,
Efquires, be, and they are hereby appointed commiffioners of the town of Louifville j
and that they or a majority of them, fhall immediately after the paffing of this act,
convene, and proceed to the appointment of a clerk and fuch other officers as they
may deem neceffary to carry this act into execution.
II; And be it further enabled) That the faid commiffioners (hall have, and they are Their po\ver*.'
hereby vefted with full power and authority to make fuch by-laws and regulations.,
and in(li£t or impofe fuch pains, penalties and forfeitures as (hall be conducive to the
good order ard government of the faid town of Louifville : Provided alivays, That
fuch by-laws and regulations be not repugnant to the laws and conftitution of the
State ; and that the pains, penalties and forfeitures aforefaid, mail not extend to life
or member.
DAVID MERIWETHER, Speaker of the Houfe of P,eprefentatives,
DAVID EMANUEL, Prefident of the Senate.
Affented to, January 31, 1798.
JAMES JACKSON, Governor.
An Aft to prohibit the further importation of Jlaves into this State. No. 6u.
WHEREAS, a practice hath hitherto prevailed, of importing great numbers Preamble.
of flaves into this State for fale, from Africa and elfewhere, which is not
confident with the principles of benevolence and humanity, or cpnfonant with the
true intereft and profperity of the State ;
I. Be it therefore enabled by the fenate and houfe of reprefentatives of the State of Georgia Slaves not to be
in general ajfembly met , andby the authority of the fame^ That fix months after the paf? "^h •;
fing of this act, it fhall be unlawful for any perfon or perfon6, to import into this
State, from Africa or elfewhere, any negro or negroes of any age or fex, or to
make fale or other difpofition of them by themfelves, their agents or attornies, to
the inhabitants of this State ; any fuch perfon or perfons fo offending, (hall, for the
firft offence, forfeit and pay the fum of one thoufand dollars, for every fuch negro
fo imported, fold or ctherwife difpofed of ; and for every fubfequent offence, the
fum of one thoufand dollars, to be recovered by bill, plaint or indictment, in the
fuperior court of the county where the offence fhall happen, one half to the ufe of
any informer, who fhal! profecute the offender to conviction, and the ether half to
the ufe of the State.
II. And be it further enabled by the authority aforefaid) That three months from and Not to be brought
after the paffing of this act, if any perfon or perfons fhall bring into this State, for fale, atier three
from any other State in the United States, any mullatto, muftizo, or negro (lave
40. * • c*
674 DIGEST OF THE
A. D. 1798. orflaves, of any age or fex, or make fale or other difpofition thereof to any of the
No. 611. inhabitants of this State, all and every perfon and perfons fo offending, {hall forfeit
and pay for the firft offence, the fum of five hundred dollars, and for the fecond, and
every fubfequent offence, one thoufand dollars, for every mulatto, muftizo or
negro flave fo brought into this State, fold or otherwife to be difpofed of, to be reco-
vered in the fuperior court of the county where the offence {hall happen, by bill,
plaint or indictment, one half to the ufe of any informer, who fhall profecute the
offender to conviction, the other half to the ufe of the State. And to prevent any
evafion, or conftruction contrary lo the true intendment of this act, Be it ena£led>
That wherever it fhall appear to the fatisfaction of a court and jury, that any perfon
or perfons have actually brought fuch Have or flaves into this State, with a view or
intention of making fale of the fame, and he or they be duly convicted thereof,
fuch perfon or perfons fhall be fubjedt to the fame penalties, as in cafes where the
importation and fale, or other difpofition, fhall have been made ; and the act of
bringing them into this State, with fuch intention, and the act of making fale or other
difpofition of them, fhall be feverally confidered and taken as a confummation of
the offence herein prohibited, and be punifhable in the county where either act fhall
Provifo. be committed. Provided always neverthelefs , That nothing in this act fhall be con-
ftrued to prevent any perfon removing into this State from either of the United
States, and becoming a citizen thereof, from bringing with him any number of flaves.
And nothing herein contained fhall reftrain the fale or other difpofition of flaves by
the citizens of this State, in their own right, and in the ordinary methods of tranf-
ferring that fpecies of property, unlefs it fhall be made appear, that fuch practice is-
intended as a fraud upon this act, and contrary to the true intent and meaning thereof*
Provifo. j$nd provided alfo, That from and after the time aforefaid, no perfon whatever mall
bring, or caufe to be brought, from any of the United States, any flave or flaves,,
except fuch who are removing to this State, or fuch who have negroes left by will or
otherwife, in any of the United States; that before any fuch flaves be brought into
this State, the perfon intending to bring fuch flaves, {hall firft make oath before the
court of the county (or jultice of the peace) from which he is about to remove, or
bring fuch flaves, that the flaves he is about to bring to Georgia are his own family
negroes, or fuch as have been actually left him by will or otherwife, particularly
fpecifying the name, number and fex of fuch negroes, that a certificate, together
with the feal of the faid county annexed, fhall be by fuch perfon produced to a juftice
of the peace, after coming into this State ; that fuch juflice is hereby required to
give fuch perfon a certificate of the fame, which fhall entitle him to pafs to the
county in which he refides, or is moving to, and within twenty days after his arriving
in fuch county, fhall go to the clerk of the fuperior court, and there make oath,
that the negroes he has brought with him are the fame comprehended in the certifi-
cate aforefaid, which certificate and oath fhall be filed of record in fuch office.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
DAVID EMANUEL, President of the Senate,
AfTented to, January 31, 1798.
JAMES JACKSON, Governor. An
LAWS OF GEORGIA. c
AnAafirthtimirfKurin gtA, d Ca/wf//> a certa.ntna "
February, ,„.. """"*<"&>>«'**>",. ' ^f. Vi?""
Private.
February 2, 1798.
No. 6 1 j,
-rf« ^tf /* authorize aad empower the trudees of the White Bluff
convey certain Ldirein Jn^ *""*"*«»*> %^{ W No. 6r,
February 2, 1798.
A ^> mmj^^ concern^ the bounds jj£ £ fc j
/or proccjjioning the fame,
captain or commanding officer in each m liri, , 7 J i -o be *e du'y °f every c<m,P„r dlf
at their refpeaive JL^™^^^l^&*™&™*»sJlt tria'
eleflion for three petfons who fljl be ' „• ' ^ - Y }Um "'"' to hoki an
and all and every perfon in hifsit T A' pr°Ceffion"s of W «* each difbia,
their refpeaive '«& ^fa^J^W"* 1 "T*"' "d » ***
this aa, that is to fay : Wherever two n-vf ? *• be"*{ar P°inted °" ty
required to meet, and chop « ,0*iy i^^*?*** '^ ^ direaed and Thcirpovra!*
difinterefted, to fee that the, do n„ JV ,'?' W,th one " more perfons du,>"
new Hne trees ; bnt wh^v a di^.e ffif^ri" aof ^ t,^ T^' ^ ^
or proceffioners appointed as aforefa^d fl ' t ^ ''ne' *= «»™iffioners
«. affin in afcertailg and ftSS^'1" (0** ****
out the fame; each commiffioner recefv „ ' for <iX f **. Par',<!'* an<1 m"k
the forveyor two dollars ,,„■ day, whic h Lite n I n T v° " **" d* a"d
ing as aforefaid : And where or,e rif A? P e<)Mll>r ^ *e Parties <"<V«-
«*, after being duly ^Zed t, 'd ^ Sfo^ 7 ^ ^ ^ «'" ■
fame, ffiall fail or refufe to attend it fl.,11 a c , y f°r Procel"oning the
call on the proceffioners, who 111 then n T" ^ ™M *» *C °,h« P™ «°
of the partying or ^S ™k °" *e line, at the e^ence
II. /!nd be it further enabled That -all u„a .i_ ,
ceffioned or gone round, tZZ^^^**^-***** <"*» be pro. L,„„lobep„.
months from and after the firft day of W . P°f d °U' ^ this afl' in «"*» «ffi°-l™^
day of J„„e next, under the penalty of one hundred K5jfr._.
dollars ka-
6?6 DIGEST OF THE
A D. 1798. dollars for the omimon or refufal of every perfon or perfons fo refilling, .one half to
No. 615. go to the informer, and the other to county ufes, to be recovered by bill, plaint or
information, in any court having cognizance thereof.
' Repealing ciaure. III. And be it further enaBed, That all laws pafled for this purpofe be, and the
fame are hereby repealed.
DAVID MERIWETHER, S_v<7jkr 0/ ffo Houfe of Reprefentatives.
DAVID EMANUEL, Prefident of the Senate*
Affented to, February 4, 1798.
JAMES JACKSON, Governor.
N_ 6l6. _U -ft* ft «*-* ^ counties of Glynn, Camden, Columbia and Bullock, to the privilege of
eleBing their magift rates.
February 2, 1798.
Rendered obfolete by the conflitution of 1 798.
An AB to declare null and void the contraB of matrimony between Ignatius Gilpin and
No. 6I7. An Aa^2rrmcenU andt0 proteB thefaid Charlotte in her perfon and property.
February. 2, 1798.
Private.
An AH for opening and keeping open the river Oconee.
N0' "8' I TUT ;_ enaBed h, "></<»•■« «* *fi °f '<*&*&? {* &'f ^M
I. \V-"""'"J,.' Thal if any perfon or perfons having flopped, or fhalL
»._-». JD S*rL #"S he ler Ocon" by dams or any other contrivance, fo as
&„o ftnp the mam «« o Ae mtrCfcj ^ J ^ opcn ^ , of h
p.. £U p." to prevent the paBage ot ntn up Mi refufe or negleS
fig? TK ™" ftTm Itf ,t naTftrtm f e f "/ river, by the fifteenth day of February
WW„. to open fo >?*«£££ __ of __ faid Iiver, above Fort Mathews, and the
""V^rof'theftfd'vr above For. Mathews, the one known by the name of the
two forks ot the lam river auu M^le river mall have one tenth
North fork, the <£*>$££* ^Z^ thaTLk known by the name
part of the mam ftream of each river op , as ^
of Appal.achee, fhall have ££»*£ « *gj_ & ££_ fo refufi/g or neg-
P™„yfor„ee. Warning**, on the h.gh fhoals A nd eve y p 1 rf .fi,e __„.
lea. leaing, thall, for every fuch offence, forfe. *"d P ? fuch offence may
*r day, to be recovered in -Tg**" "^ «£ o(her tQ j__ ufe of the county
be committed, the one half to the mtormer,
where fuch judgment may be obtained: ^'*rf' ^"^ ?or owners thereof
may be built, on either of the ^^f^^Z^t fo doing, malf
fhall keen a Hope in their dams of ten feet, lo as ma uwy f >
be confidered as complying with the intent and meaning of tins A ^
IAWS OF GEORGIA. 677
II. And be it further enabled, That Broad river fball be kept open in manner A. D. 179,8.
pointed out by an a£ for keeping open Little river and Broad river, pafled thefecond Broad'Part to be
day of February, one thoufand feven hundred and ninety-fix, from the firft day of kept open.
February until the fifteenth day of April.
III. And be it further enabled by the authority aforefaid, That the a£t, entitled "An Repealing da«fe.
a£t for keeping open the river Oconee," pafled at Louifville on the thirteenth day
of February, one thoufand feven hundred and ninety-feven, be, and the fame is
hereby repealed.
DAVID MERIWETHER Speaker of the Houfe of Reprefentatives.
DAVID EMANUEL, Preftdent of the Senate.
Aflented to, February 2, 1798.
JAMES JACKSON, Governor.
An Ac! to add a number of plats, collecled by the fecretary of State, No. 610.
to the furveyor general* s office.
WHEREAS, the fecretary of State hath produced a book, wherein he hath Preamble.
copied fix hundred and fixty-four plats, from the originals found amongft
loofe papers in his office, which have been examined by the furveyor general, and
by him certified to be accurately copied from the faid originals, and it is proper that
all fuch old plats, as have been loft or destroyed during the late war, fhould be re-
placed whenever opportunity offers :
I. Be it therefore enabled by the fenate and houfe of reprefentatives of the State of Georgia Certain plats ad
in genera! ajfembly met, That the faid fix hundred and fixty-four plats or furveys, be, ^^^gLjeraP*
and the fame are hereby attached to the office of furveyor general, and are hereby office.
declared to constitute a part of the records of that office.
DAVID MERIWETHER, Speaker of the Houfe of Rfrefentatives.
DAVID EMANUEL, Prefident of the Senate,
Affented to, February 2, 1798.
JAMES JACKSON, Governor.
An A$ for the better regulating the admeafurement of Lumber ivithin Ng 6i<x
this State ; and for other purpofes.
WHEREAS, it has been found by experience, that that part of the lumber Preamble,
law. for appointing lumber meafurers, will by no means anfwer the pur-
pofes intended by the Iegiflature ;
I. Therefore be it enabled by the fenate and houfe of repi efntatives of the State af
Geotgia in general ajjembty met. That from and immediately after the paffing of this Lumber mc&
aft, all perfons qualified to meafure lumber, may admeafure and give certificates as furers*
is ufual in fuch cafes, and receive fuch compenfntion as (hall be agreed on by the
feller, purchafer, and the perfon meafuring the fame.
II.
678 DIGEST OF THE
A. D. 1798. II. And whereas , raft men and other perfons have long been in the habit of taking
No. 620. Up drifted lumber of all defcriptions, and difpofing of the fame, and converting of
R.,ft men &c. the profits to their own ufe : "Therefore be it further enabled, That if any raft man or
lumber liable men> or other perfon or perfons, fhail attempt to difpofe of any drifted lumber fo
to p^nnity. taken up by him or them within this State, fhall be liable to pay a fine not exceeding
thirty dollars for every fucli offence, to be recovered in any court having jurisdiction
of the fame, one half for the benefit of the informer and profecutor, and the re-
maining moiety to the ufe of the county wherein fuch offence fhall be committed.
And whereas, it has been a cuftom too long eftablifhed in the city of Savannah, to
purchafe lumber of all defcriptions of raft men and other perfons :
Purchasers alfo III. Therefore be it further enabled, That from and immediately after the palling of
this act, if any perfon or perfons, in the city of Savannah or elfewhere, fhall be detected
in purchafing of lumber of the above defcription, except from factors or lumber cutters,
he or they fhall be liable to pay a fine not exceeding thirty dollars for each and every
fuch offence, to be recovered in any court having jurisdiction of the fame : Provided
nevertheltfs, That nothing contained in this act fhall prevent, or be conflrued to
prevent raft hands or other perfons from taking up drifted lumber, and receiving a
reafonable compenfation from the owner or owners of fuch lumber, on their deliver-
ing of the fame to the rightful owner thereof.
Lumber infpec- IV". And be it further enacted, That in all fea port towns, where lumber is brought
tors, to be ap- for exportation or ctherwife, the inferior courts of the countv, where fuch ports
pointed by in re- - ' r
rior courts. fhall be, fhall immediately after the paffing this act, convene, and appoint fuch
number of perfons as they may deem neceffary for lumber infpectors, whofe duty
it fhall be to attend, when called on by fellers and purchafers of lumber, to infpect
fuch as they themfelves cannot agree on as to its quality ; and fuch lumber infpect -
ors fhall receive fifty cents for every thoufand feet fo infpected, to be paid for
equally by the feller and purchafer.
i^epeaiinschufe. V. And be it further enabled, That fo much of the act regulating the admeafurement
of lumber, and appointing lumber meafurers, as militates with this act, be, and the
fame is hereby repealed.
Commifiioners VI. And be it further enabled by the authority aforefaid, That fo much of an acl,
appomted^tofix pa{j"ecj jn t}je year 0four Lord one thoufand feven hundred and ninety-fix, ,fo far as
the court houfe refpecls the appointing of commifiioners for fixing on a fpot for a court houfe and
to!nfa° m '"" ga°l *n tne county of Lincoln, be, and the fame is hereby repealed ; and that Ifaac
Avery, John Winne, Duncan Bohannan, John Mofs and John Lockheart, be, and
they are hereby nominated and appointed commiffioners for fixing on a fpot for the
court houfe and gaol in the county of Lincoln ; and that -a determination of, the faid
commiffioners, era majority of them, fhall be binding in all cafes refpecling^ the
fixing the court houfe and gaol for the faid county, any law to the contrary notwith-
ftanding.
And for the like VII. And be it further enabled by the authority afore faid, That fo much of an, acl:
fon county. " P3^^ m tne vear of our Lord one thoufand feven hundred and ninety-iix, fo far as
refpecls the appointing of commiffioners for fixing on a fpot for a court houfe and
gaoi
LAWS OF GEORGIA.
679
gaol in the county of Jackfon, be, and the fame is hereby repealed ; and that James A. J). 1798.
Cunningham, Owen I. Bowen, Thomas Barren, Jofeph M'Cutching, Abfolem Ra- No- 6zo-
mey, Matthew Stone and Micajah Binge, be, and they are hereby nominated and
appointed commiffioners for fixing on a fpot for the court houfe and gaol in the
county of Jackfon ; and that a determination of the faid commiffioners, or a majority
of them, fhall be binding in all cafes refpecling the fixing the court houfe and gaol
for the faid county, any law to the contrary notwithstanding.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
DAVID EMANUEL, Prefident of the Senate.
Alien ted to, February 2, 1798.
JAMES JACKSON, Governor.
An Atl to pardon John Hume Manderfan.
February 2, 1798.
Private.
No. 621.
An Acl to repeal an acl for keeping open Little river and Broad river,
fofar as it refpecls Jofeph Ray, Bazil Lamar, and the heirs of
Wilhamfon, upon certain conditions.
WHEREAS, it hath been found that an aft parted the twenty-fecond clay of
February, one thoufand feven hundred and ninety-fix, has in its operation
borne hard upon Jofeph Ray and Bazil Lamar, by preventing the profecution of their
defign to erea merchant mills upon Little river : And whereas, it is of much more
confequence to the community at large, to encourage the manufadory of Hour, than
the inconfiderable advantages refulting to a few individuals, from the egrefs of the
filh in the aforefaid river.
I. Be it therefore enabled by the fenate and houfe of reprefentatives of the State of Georgia
in general afembly met, and by the authority of the fame, That fo much of the aforefaid
act for keeping open Little river and Broad river, as refpeas the mill feats of the
aforefaid Jofeph Ray and Bazil Lamar, be and the fame is hereby repealed. Provided
always neverthelefs, That if the faid Jofeph Ray and Bazil Lamar (hall not, within
two years from and after the palling of this a£t, ereft or caufe to be erected and
completed a merchant mill each, in which may be manufaftured into good merchan-
table flour, one hundred and fifty bufhels of wheat in the fpace of one day, this aa
fhall, after the expiration of the aforefaid two years, be taken and confidered, fo far
as it refpe£ts the aforefaid Jofeph Ray and Bazil Lamar, as not operating to repeal
the aforefaid aa for keeping open Little river ; but the fame fhall thereafter be
received and remain in full force and efficiency.
II. And whereas, a bounty of land upon Little river was granted to Andrew Burns',
in confideration of his ereaing a faw mill thereon, which was accordingly completed :
And
No. 62*.
Preamble.
The ac5r, fo far
as refpedts the
mill feats of Jof,
Ray and B La.
mar, repealed on
certain conditi-
ons.
So far alfoas re-
fpetfrs A, Burn;,'
faw mill.
<58o DIGEST OF THE
A. D. 1798. And whereas, it was a departure from the original intention of the legiflature, to
No. 622. impede the exercife of the aforefaid faw mill, by requiring a fluice to be opened in
the dam of the fame :
Repfaiingdaufe. Be it therefore further enifled, That the aforefaid act for keeping open Little river
and Broad river, fo far as it relates to the aforefaid faw mill, be, and the fame is
hereby repealed.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
DAVID EMANUEL, Preftdent of the Senate. '
AfTented to, February 2, 1798,
JAMES JACKSON, Governor.
No. 623. An Aft to impofe a tax, for the fupport of the government, for the
year one t houf and f even hundred and ninety-eight.
Perfons owning VIII. A ND be it further enabled, That any perfon ;or perfonsy owning more than
more than ten f~\_ ten thoufand acres of land within this State, fhall cultivate or caufe to
tnouland acres ~ -""*'
of land, requir- be cultivated, five acres for every nundred acres over and above ten thoufand acres
cd to cultivate a aforefaid ; and in default thereof, a double tax (hall be aflefled by the colleaors of
certain prcpor- .»•''",.-•.
tion or pay doa • the refpecltive counties, where fuch default fhall be made ; and that all lands of this
defcription fhall be, and are hereby declared chargeable in the original grantee or
grantees name, any law to the contrary notwithstanding.
An account of ^* And be it further enacted. That at the meeting of every general afTembly here-
aneaiagesoftax after, it fhall be the duty of the treafurer, to make out an account of the arrearages
be fet up in the of all collectors of taxes and holders of public monies; and to pofl it up in the
State houfe. State houfe, for the information of the members.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
DAVID EMANUEL, Prefdent of the Senate. '
AfTented to, February 2, 1 798.
JAMES JACKSON, Governor.
No, $24. -An At! for appropriating money, for the year one thoufand f even hundred and ninety-eight.
February 2, 1798.
No. 625. An Ac! to provide more effectually for training the militia of this State.
Preamble. ^"VTHEREAS, the appointment of the officers, and the power of training the
YV militia of the feveral States, according to the discipline prefcribed by
congrefs, is fecured to them refpe&ively by the conftitution of the United States:
And whereas, it is evident from the experience of ages, that to be prepared for war,
is the greater! fecurity of the peace of a nation ; and that a well organized militia
ought
LAWS OF GEORGIA. 68 1
ought to4ae- confidered among the firft objects of a free people : And whereas, many A. D. 1798.
of the officers commanding the militia of this State, have not been fufficiently No- 62-5*
inftructed in the practice of the faid difcipline, to enable them to teach the fame to
the privates under their command ; for remedy whereof,
I. Be it enaBed by the fenate and houfe of reprefentatives of the State of Georgia in Adjutant gene-
general affembly met, and by the authority of the fame, That it (hall and is hereby declared [u1'fit0,(f,l^eiie
to be the duty of the adjutant general, to convene all the field officers, and the brigade and brigade in-
infpectors of each refpedlive brigade, once in every year, at fuch convenient tirne1 [n^chb^ade^
and place therein, as may be agreed on by him and the officers commanding the
fame, for the purpofe of aiding and aflifting the faid officers in carrying into effect,
the difcipline prescribed by congrefs ; and it (hall be the duty of the faid officers to
attend accordingly, fully and completely equipped as the law directs, and to conform
to fuch rules and regulations as the faid adjutant general may deem neceflary for that
purpofe, for a term not exceeding two davs at any one meeting;. Provided hotvever,,
that fuch rules and regulations.be not contrary to law.
II. And be it further enaBed, That it fhall be. the duty of the brigade infpectors, Brigade infpec-.
and they are hereby required to attend at the ufual place of regimental mufters in- *°rs> to convene
i . '. •' ' 7 tne company,
each regiment, within the feveral brigades to which they refpectively belong, twice officers and ad-.
in every year, at fuch convenient time as they may appoint, for the purpofe of ^""^m twice-
inftructing and training the adjutant and company officers thereof; and the better ■•• a-jxar.
to carry, the fame into effect, to eftablifh an uniform difcipline throughout the State,
it fhall be the duty of the captains, fubalterns and adjutant, of each regiment, with-
the firft ferjeant of the feveral. companies, and they are hereby required to afiemble
at the regimental mufter ground therein, in complete uniform, agreeably to law,
each commiflioned officer with his commiffion, at fuch time as the brigade infpector-
may appoint as aforefaid, equipped with a mufket, bayonet, cartouch box,, belt,
and at leaft fix cartridges; and fuch captain, fubalterns and adjutant, fo convened,
(hall form a company, and be fubjecl to fuch orders, regulations and re Uriel ions, as.
he. may deem, neceffary, to teach and enforce the difcipline prefcrib.ed by congrefs^
for a term not exceeding two days a.t any. one meeting.
III. And be it further enaBed, That it fhall be the duty of the. brigade infpectors, And on dae^o^-
on due notice by the officer commanding the refpective regiments, to attend all the U5F* to. attcU(J
, n . aN regimental;
regimental mufters in the brigade to which they fever-illy belong, for the. purpofe of' mufiers.
aiding and aflifting the officers on parade, and inftructing them in their duty in their
feveral places. And it fhall be the duty of the adjutant of the feveral regiments, , on The adjutant to,
like notice,, to attend all battalion mufters for the. purpofe aforefaid* JJ^"11'0"
IV,. And be it. further enaBed, That it fhall be the particular duty of the officers Company offi-.
commanding companies, and of the adjutants, to inftrueT: and train the non-commif- C€rs t0 im]5ufl;i
_° * J y noncommiihon.
honed officers and privates, in conformity to the difcipline fo to be taught them as. ed officers and*
aforefaid ; and the faid field officers, company officers and adjutants, fhall, and they are. &vFker."-i,mv i;a.
hereby declared to be liable to trial. by courts martial, and to all the pains, penalties 3£ totfilS$m&
and difabilities, prefcribed by law for non-attendance, difobedience of orders, or b>tlusa<a-
ungentlemanlike behavior, in regard to the aforefaid feryice. .
4 R V,
682 • DIGEST OF THE
A. D. 1798. V. And be it further enabled, That the adjutant general mall be allowed two
Competition (^M*"' the brigacle MN&Ort one dollar and feventy-five cents, the adjutant oae
allowed to the dollar and fifty cents, and the drum majors and fife majors, one dollar per day each,
adjutantgencral for their fervioes, while on attual duty in performing the aforefaid fervice ; the*
accounts of the adjutant general for the lame, being firfl: certified by a major general
or the commander in chief; the accounts of the brigidc infpe&ors by a brigadier
general ; and thofe of the adjutants by a lieutenant colonel. And for the more
eafy and effectual tranfmitting of military orders, «
General officers VI. Be it further enacled, That the major generals and brigadier generals be, and
emKS^effes the7 arc hereb7 ve^ed with Pow« to employ fuch perfon or perfons as they may
deem neceffary, to ride expref?, for tranfmitting fuch orders as in their judgment
may be for the good of the public fervice ; and that fuch perfon fo employed, 'fhall
be allowed at and after the rate of one dollar per day, during the neceffary time they
are actually engaged in performing fuch duty, to be paid by the governor out of the
contingent fund, upon their producing a certificate of the general officers fo employ-
ing them. Provided^ That a day's riding of an exprefs, be not lefs than thirty-five
mile3 per day.
Perfons employ- VII. And be it further enabled. That the founders, potters, forgemen, fteel makers,
exemptTrmir $ *** manufacturers, colliers, together with the managers and their clerks, who now'
milida duty. are or may hereafter be actually engaged and employed in carrying on the Adillim
and all other iron works within this State, be, and they are hereby exempted from
militia and all other public duties while fo employed.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
DAVID EMANUEL, Prefdent of the Senate.
Affenred to, February 2, 1 798.
JAMES JACKSON, Governor.
«3^EB3EBEM
No. 626. An AH for calling in the out/landing evidences of debts due from this
State, and for ijfuing neiv ones in lieu thereof under proper checks
and rejlriclions.
WHEREAS, abufes may arife, from a variety of certificates for- debts due
by this State, having been iffued without proper checks :
Ali certificates I. Be it therefore enaEfed, That every perfon or perfons, holding any certificate or
kn^tTSe re- certmcates, iffued by either or any of the auditors or treafurers of this State, as well
turned to the for fums of money due and owing from the State, as for bounties of land iffued in
C°e! ^cnew^nes ^avor °^ tne *ate State troops, fhall, within two years from and after the paffing of
to be iffued. thisacl:, return the faid certificate or certificates to the comptroller general-, who mall
file the fame in his office of record, and iffue to the holder thereof, his certificate
IVovifo. for the like amount, in lieu thereof. Provided, The faid certificate or certificates,
returned as aforefaid, fhall appear to the entire fatisfaclion of the faid comptroller
general, to be a genuine certificate or certificates, iffued by one of the auditors or
treafurers
LAWS OF GEORGIA. 683
treafurers of this State* agreeable to law, or a concurred refolution of the general A. I). 1798.
aflembly. And provided alfo, That nothing in this ait fhall extend to authorize the No- 626-
comptroller general to receive any certificate or certificates under the fignature of Th°offifrued by
Wade and O'Bryen, or to iffue his certificate in lieu of fuch certificate or certificates Wade&O'Bry-
under the fignature of the faid Wade and O'Bryen. "eiVed! l° be '""
II. And be it further enabled, That in cafe any certificate or certificates ifiued' Counterfeit cer-
by any of the auditors or treafurers as aforefaid, which fhall be prefented to the faid Jaced.estobeds*
comptroller general, fhall appear to him to be counterfeit, he fhall deface fuch cer-
tificate or certificates, by writing in large letters, the word " Counterfeit" on the
face of the faid certificate or certificates, and retain and file the fame in his office,
and fhall not iffue any certificate in lieu thereof.
DAVID MERIWETHER, Speaker of the Houfr of Reprefentatives,
DAVID EMANUEL, Prefdent of the Senate,
AfTented to, February 2, 1 798.
JAMES JACKSON, Govebnor.
V
An Acl for the better regulation of the infpeclion of tobacco in this n0. 627.
State; and for other purpofes.
WHEREAS, it has been found to be injurious to the intereft of the planters Preamble.
of tobacco in this State, that the infpectors fbould be appointed from the
Citizens of any particular county : for remedy whereof,
L Be it enabled by the fenate and houfe of reprtfentatives of the State of Georgia- Infpe&orsofto-
in general afftmbh met, That it fhall and may be lawful for the iuftices of bacco—in wl**!
J j-w^v^i manner to b*
the inferior courts of tne counties of Richmond, Columbia, Lincoln, Elbert, Frank- app&ktcd.-
lin, Jackfon, Oglethorpe* Greene, Wilkes, Hancock, Warren, Burke,, JefRrfon,
and Wafhingtonj to recommend two perfons for infpectors, to any court where
Y/arehoufes are eftablifhed by law; and the faid county courts refpectively, fhall be
obliged to appoint three infpettors out of the number fo recommended, for each
warehoufe that may be in fuch county ; and in cafe of failure or refufal of any or
each of the faid counties fo to recommend, the court fhall proceed to elect out of
fuch perfons who may be recommended ; and in cafe no recommendations are nude,
the court may elect from any candidates that may offer.
II. And be it further enabled, That an mfpeetion of tobacco fhall be, and the Warehoufe efta-
fame is hereby eftablifhed at the tov/n of Sparta^ in the county of Hancock ; and ^lilh&d at Spa!>
the inferior court of the faid county are authorized and empowered to fix and de-
termine on the fpot whereon the faid warehoufe fhall be erected in the town afore-
faid, which faid warehoufe fhall be under the fame rules and regulations, as other
warehoufes eftablifhed by law in this State.
III. And be it further enabled, That an infpection of tobacco fhall be,, and the And at Sa
fame is hereby eftablifhed at the city of Savannah ; and the juftices of the inferior mh"
court of the county of Chatham,, are hereby authorized and empowered to determine
on
ta.
javan-*
684
DIGEST OF THE
No. 627.
Rrpealifig claufe.
A. D. 1798. on the.fpot of ground whereon, $he warehou-fe and infpe£tion fliall be eftablifbed, and
to appoint infpeclors for the fame; which faid infpection and warehcufe {hall be
fubjecl: to fuch rules and regulations, as are prefcribed by law for all other ware-
lioufes and infpeftions within this State.
IV. And be it further enabled. That all former laws reflecting an infpection at
Savannah, fo far as relates to that infpection only, fliall be, and are hereby repealed.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentetives.
DAVID EMANUEL, Prefident of the Senate.
AfTented to, February 2, 1798.
JAMES JACKSON, Governor,
No.6z8.
Preamble.
Lottery—autho-
rized co improve
the navigation
of Alatamaha &
Oconee rivers.
Commiffioners
appointed.
Lottery—autho-
rized topromote
a cotton manu-
factory.
An del to authorize certain commiffioners therein named, to, ejlablijh
a lottery, for the purpofe of raifeng the fum of three thoufand dol-
lars, to be appropriated to clearing out and improving the naviga-
tion of the Alatamaha and Oconee rivers, commencing from the
fea, and continuing as far up as the Rock Landing ; and for other
purpofes.
HEREAS, It appears effential to the ihterefl of the people at large, that
the navigation of the Alatamaha and Oconee rivers fliould be improved as
far up the latter river as the Rock Landing, thofe being the principal channels
through which the produce of the weftern parts of this State are conveyed to mar-
ket: And whereas, there are at prefent many obstructions to the eafy navigation
thereof :
I. Be it therefore enabled by the fenate and houfe of reprefentatives of the State of Georgia
in general affembly met, and by the authority of the fame, That it fliall and may be lawful
for the commiflioners herein after named, to eflablifli a lottery within nine months
after the paffing of this act, to raife the faid fum of three thoufand dollars, under
fuch fchemes and regulations as they may think fit and proper, for the purpofe of
opening and improving the navigation of the faid rivers.
II. And be it further enabled by the authority aforefaid, That Jonathan Fabian, , John
Couper, Ferdinand O'Neal, Spencer Wilfon, David Blackfhear, John Jones and
Samuel Wright, be the commiflioners authorized to carry the fame into effect.
ill. And nvhereas, the manufactory of cotton will be attended with public utility,
and William M'Clure and James Thompfon have propofed to erect machines for that
purpofe :
Be it therefore further enabled by the authority aforefaid, That it fliall and may be
lawful for the commiffioners herein after named, to eflablifli a lottery within fix
months from and after the paffing of this act, to raife the fum of two. thoufand
dollars, under fuch fchemes and regulations as may by them be deemed «eceffary ;
the faid money to be applied to the ufe and benefit of the faid William M'Clure and
James Thompfon, for the purpofe of erecting and carrying on the machinery*a£cre-
faid.
I
LAWS OF GEORGIA. <S%
IV. And be it further enaBed, That Benajah Smith, Joel Abot and John Mathews, A.^D.^'/oS,
be and- they ar£ hereby appointed commiflioners to carry the lad mentioned lottery commiflioners
into effect. apP°ilUed-
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
DAVID EMANUEL, Prefident of the Senate.
Affented to, Februarys* > 7p8.
JAMES JACKSON, Governor.
An Acl to render more fafe and expeditious the navigation from the No. 629.
river Alatamaha to the toivn of Brunfwick ; and for other purpofes
therein mentioned.
'HEREAS, the tranfportation of produce by water from the river Alatamaha preamble,
to the town of Brunfwick, cannot at prefent be effected but at confiderable
rifle, and by a circuitous route. And whereas, the danger and diftance may be
greatly leffened by cutting a canal from the faid river to Alligator creek. And whereas,
the commiffioners of the academy of the county of Bryan, are feized and pofTeffed •
of a tract of land between the faid river and creek, through which the canal can be
mod advantageoufly made ;
I. Be it enabled by the fenate and houfe of reprefentat'vves of the State of Georgia in Commiflioners
general ajfembly met, That the faid commiflioners and their fucceffors be, and they are °n B*j-" ^
hereby empowered to cut a canal through the tract aforefaid, to form a communica- powered to cut
tion between the faid river and creek, which canal mufl be of the width of twenty-
five feet, and of the depth of feven feet.
II. And be it further enacted, That as a compenfation to the faid commifhoners for Toll allowed for
cutting fuch canal and keeping it in poper condition, they fhall be allowed a toll of ca^^y#
one dollar for all boats of fifty bufhels burthen ; the fum of two dollars for all boats
or veffels not more than twenty and lefs than fifteen tons burthen ; and the fum of
fifty cents for all other boats or veffels which fhall navigate the faid canal or any part
thereof; the faid fums to be paid to the faid commiffioners, their fuccefTors in office
or afligns, for the ufe of the academy aforefaid.
III. And ichereas, the commifhoners aforefaid have purchafed confifcated property
for the ufe of the faid academy, to the amount only of feven hundred and twenty
pounds and feventeen fhillings, and are by law entitled to purchafe to the amount of
two hundred and feventy-nine pounds three fhillings more ; And whereas, there ftill
is in the county aforefaid, lands which have never been fold for the benefit of the
faid State.
Be it enacted, That the faid commiflioners be, and they are hereby empowered to Commiflioners
expofe to fale any tract or tracts of the faid land, to procure the faid fum of two \™[°£ purchafe
hundred and feventy-nine pounds three fhillings : Provided, That three months notice confifcated pro-
of fuch fale be given in one of the Augufta, and in one of the Savannah gazettes ; of ^hs academy!
and by advertisement, at two of the mofl public places in the faid county. And pro-
videdal/bi -That if the fale of the faid tract or tracts fhall exceed the fum lafl afore-
mentioned,
686 DIGEST OF THE
A. D. 1798. mentioned, that then, the furplus fhall be paid by the faid commiffioners into the
Mo. 629. treafury. And whereas, the bridge which is laid over Great Ogechee, between the
counties of Chatham and Bryan,, for the want of timely repair, has been in fuch a
condition, as to expofe travellers and their property, to injury and danger :
Certain powers IV. Be it enaBed, That the commiffioners for the roads of the faid county, be,
veiled in com- ancj t^ey are hereby empowered and required, whenever the faid bridge fhall be in
miffioncrs of ' . J .r ^ ' . 7g
roads, for keep- fuch a condition, to give notice thereof,, and of the repairs which it requires, to
jag Ogechee either of the owners of the faid bridge, or to any qualified executor or adminiftrator
bridge in repair _ ° * ' - .
of an eftate of which the faid bridge or any portion thereof,, may make a part;
and if neither of the faid owners, nor fuch executor or adminiftrator, fhall make
or caufe to be made fuch repairs, within ten days after receiving fuch notice, that
then, the faid commiffioners are hereby empowered and required to make fuch repairs,,,
and on their being completed, the faid commiffioners are hereby required to furnifh
either of the faid owners, or fuch executor or adminiftrator, with an account of the.
fums expended or contracted to be paid for fuch repairs, and if, within ten days after
fuch account is fo furnifhed, the amount thereof fhall not be paid by either of the
faid owners, or fuch executor or adminiftrator, or fome perfon authorized by them,
©r either of them, the faid commiflioners are hereby authorized to inftitute a fuit,
in their names, againft fuch owners or either of them, or the executors qualified as
aforefaid, or fuch adminiftrator or adminiftrators, and to recover in fuch fuit the
amount which fhall be proved to have been expended or contracted to be paid for the
repairs aforefaid, together with fuch reafonable allowance for. their trouble and fuper-
intendance, as a jury may thing fit.
fults againft the V. And be it further enaBed, That fuch fuit may be inftituted in either the fuperior
tried^an vim- or ^n^er^or court or" tne county in which the defendant or either of them may refide?,
fuai maimer. and to fuch fuit there fhall be no imparlance, but it may be tried at the defire of
the commiffioners, at the term to which it may be brought.
DAVID MERIWETHER, Speaker oftheHoufe ofReprefentatives,.
DAVID EMANUEL, Prefident of the Senate,
Affented to, February 3, 1798.
JAMES JACKSON, Governor..
no. 630. An Acl to amend an aft for clearing out Ogechee river and Brier
creek.
KEREAS, a number of citizens of Bullock county hath petitioned this legif-
lature for altering the mode of clearing out the lower part of Ogechee
river
Inferior court of I- Beit therefore enaBedbythe fenate and hcufe of reprefentaiives of the State of Georgia,
Bullock to ap- yhat the juftices of the inferior court of the county of Bullock,, be, and they are
J^wSjSi hereby authorized and required to appoint commiffioners in the faid county, for the
ing Ogeche ri- pUrp0fe 0f cleaving out the river Ogechee oppofite to the faid eounty line as far as the
lhl\ « umy? faid line extends, which faid commiffioners fhall have full power and authority to,
call
LAWS OF GEORGIA.
68/
aVt out the inhabitants liable. to work on the toads, who fhall work on the faid river
at the time appointed by the faid commiffioners, fix days in every year.
II. And be it further entitled, That the laid inhabitants liable as aforefaid, (hall be
fub>e£t. to the fame fines and penalties for not working on the faid river, or for dif-
obedience of the orders of the commiffioners, as they are liable to by the road act of
force in faid county, for neglect of duty or difobedience of orders in working on the
faid roads.
Provided alwayi, That the faid inhabitants fhall not be liable to work on the public
roads in the faid county for more than fix days in one year : And provided alfo, That
the faid inhabitants, upon producing a certificate from the faid commiffioners, of
their having worked on the faid river in clearing and rendering the fame navigable, to
the juflices of the inferior court of the faid county, within ten days after working as
aforefaid, he or they producing fuch certificate, to be filed of record in faid court,
fhall not be liable to the additional tax impofed by the faid a£r, entitled " An ad for
clearing out Ogechee river and Brier creek."
III. And be it further entitled, That the inferior court of any of the counties in-
cluded and made liable to the faid tax by the aforefaid act, be, and they are hereby
authorized, upon the petition of a majority of the inhabitants liable as aforefaid, to
appoint commiffioners for opening and clearing the faid river, oppofite to the county
line of the inhabitants fo petitioning, which faid commiffioners fhall be veiled with
like power as the commiffioners to be appointed for Bullock county ; and the inhabit-
ants in fuch county petitioning as aforefaid, fhall be liable to the fame penalties,
and entitled to the fame advantages, which the faid inhabitants of Bullock county are
liable or entitled to by this act.
DAVID MERIWETHER, Speaker of the Houfe of Reprefcntatives.
DAVID EMANUEL, Prefident of the Senate.
AfTented to, February 3, 1798.
JAMES JACKSON, Governor.
A. D. 179S.
No. 630.
Perfons refilling
to work on the
river — how lia-
ble.
Inhabitants ftot
liable to work
on the public
roads more than
fix days.
And may be es-
emptfromaddi-
ditional tax, by
labor en the ri-
ver.
Inferior courts
of other coun-
ties empowered
on petition of
the inhabitant*,
to appoint torn-
miflloners in
like manner,
An Acl to open a communication acrofs the marjh, from Hampton river No- *3»-
to Racoon point.
WHEREAS, the opening a communication from Hampton river to Racoon Preamble.
point, near the ifland of Great Saint Simons, by cutting a canal acrofs a
marfh v/hich feparates the fame, will be of great public utility, by facilitating the
navigation from the faid ifland, and the ports adjacent to the city of Savannah :
I. Be it therefore enacted by thefenate and houfe of reprefentatives of the State of Georgia Commiffioners
in general ajfembly met, and by the authority of the fame, That John Couper, John aFP°-Lnt£d'
M'lntofh and William M'lntofh, Efquires, be, and they are hereby appointed com-
miffioners to fuperintend the opening and keeping in repair the faid canal, and to
carry into full effect the intentions of this aft.
II. And be it further enatled, That all free perfons and flaves, living and being The canal— in
north of a line to be drawn from a place called the Village, to Pike's Bluff, both JK^StS
inclufive, kept in repair.
688 DIGEST OF THE
A.D. 1798. inclufive, who are fubject to work on the roads in the faid ifland, {hall be, and
No. 631. they hereby are made fubject and liable to work on the faid canal, until the fame
be completed, and to keep it thereafter in good repair : Provided^ That all perfons
and flaves, fubject to work on the fame, fhall not be compelled to work more than
three days at any one time, or more than fix days in any one year.
Fines for default HI. And be it further enafled, That the faid commiffioners fhall give at lead ten
'" w°rking on days notice to all perfons who refide, and to all overfeers or managers of the eftates
of non-refidents owning flaves within the aforefaid limits, of the time and place of
their attendance, for the purpofe of carrying the intent of this act into effect : And
if any perfon fubject as aforefaid, {hall fail to attend agreeably to fuch notice, toge-
ther with all flaves owned by them, or under their care and management, they fhall
be fubject to the following fines, that is to fay : For the non-attendance of every
free perfon, the fum of one dollar per day, and for the non-attendance of every flave,
the fum of feventy-five cents per day , to be levied of the goods and chattels of fuch
defaulters, by warrant of diftrefs and fale under the hands and feals of tke faid Com-
miffioners or any two of them, directed to any conflable of the county of Glynn,
unlefs the party making fuch default, fhall within ten days thereafter, make fuch,
Provifo. excufe on oath as fhall be deemed fatisfactory by the faid commiffioners ; And pre
videda/fo, That the faid commiffioners fhall not ifTue fuch warrant of diftrefs, without
fatisfadtory proof being firfl; made, that the notice required by this act was duly ferved.
DAVID MERIWETHER, Speaker of tie Houfe of Reprefentatives*
DAVID EMANUEL, Preftdent of the Senate.
Aflented to, February 3, 1 798.
JAMES JACKSON, Governor.
LAWS OF GEORGIA. <589
Ait Acl to give concurrent jurifdiclion to the fuperior courts of this A. D. 1799.
State, with the inferior courts thereof in civil cafes.
X. ^ E it enacted by the fenate and boufe of reprefentatives of the State of Georgia in
3 general affemhly met, two thirds of both houfes concurring therein^ That from
and after the paffing of this aft, the fuperior courts of this State fhall have con-
current jurisdiction with the inferior courts thereof, in all civil cafes.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives,
ROBERT WALTON, Prefident of the Senate. '
AfTented to, February 7 , *799-
JAMES JACKSON, Governor.
aaasE»»
An Ac! to amend an acl, entitled, " An acl to revife and amend the No, 633.
judiciary fyf em of this State."
I, TTJ E it enabled by the fenate and houfe of reprefentatives of the State of Georgia in
JUJJ general affembly met, and by the authority of the fame it is hereby enabled, That
the fuperior and inferior courts, fhall be held in the feveral counties, at the refpec-
tive times appointed by an acl:, entitled, " An acl; to revife and amend the judiciary
fyftem of this State, fo far as relates to the firft terms which fball happen after the
paflfing of this acl: ;" and from and after the .expiration of the faid firft term in each
county, the faid fuperior courts fhall be held in each county in the refpective dif-
tricls twice in every year, by one or more of the judges of the fuperior courts, at
the feveral times herein after mentioned, to wit : In each county
In the EASTERN DISTRICT.
On the firft Monday in October in the county of Camden ; the Monday thereafter Court dap,
in the county of Glynn ; the Monday thereafter in the county of M'Intofh ; and the
Monday thereafter in the county of Liberty. On the third Monday in November,
in the county of Bryan ; the Monday thereafter in the county of Bullock ; the
Monday thereafter in the county of Effingham ; and the Monday thereafter in the
county of Chatham.
SPRING CIRCUIT.
On the third Monday in March, in the county of Camden ; the Monday thereafter
jn the county of Glynn j the Monday thereafter in the county of M'Intofh j and the
Monday thereafter in the county of Liberty. On the firft Monday in May, in the
county of Bryan \ the Monday thereafter in the county of Bullock 5 the Monday
thereafter in the county .of Effingham \ and the Monday thereafter in the county of
Chatham.
And the faid fuperior courts fhall be held at the refpedtive times following :
4 S In
69o - DIGESTOFTHE
A. D. 1799. In the MIDDLE DISTRICT.
On the. firft Monday in March and September, in Columbia 5 the third Monday
in March and September, in Richmond ; on the firft Monday in April and October,
in Burke ; on the third Monday in April and October, in Scriven ; on the fourth
Monday in April and October, in JefFerfon ; on the fecond Monday in May and No-
vember, in Montgomery ; on the third Monday in May and November, in Waihing-
ton ; and on the fecond Monday in June and December, in Warren.
And the faid feveral courts (hall be held at the refpective times following :
In the WESTERN DISTRICT.
On the la ft Monday in February and Auguft, in Hancock ; on the fecond Monday
in March and September, in Greene ; the third Monday in March and September,
in Oglethorpe j the fourth Monday in March and September, in Jackfon; the firft
Monday in April and October, in Franklin ; the fecond Monday in April and Octo-
ber, in Elbert •, the third Monday in April and October, in Lincoln ; and the fourth
Monday in Apiil and October, in Wilkes.
II. And he it further enacted. That from and after the expiration of the faid firft
term after the puffing of this act, the inferior courts fhall be held twice in every year
in each county by the juftices of the faid inferior courts, or a majority of them, at
the feveral times herein after, mentioned, that is to fay : in the feveral counties
In the EASTERN DISTRICT.
On the firft Monday in January, in Camden ; on the Monday thereafter in Glynn 5
on the Monday thereafter in M'Intofh ; on the Monday thereafter in Liberty ; on the
Monday thereafter in Bryan; on the Monday thereafter in Bullock ; on the Monday
thereafter in Effingham ; and on the Monday thereafter in Chatham. On the firft
Monday in June, in the county of Camden •, the Monday after in Glynn ; the Mon-
day after in M'Intofh ; the Monday after in Liberty ; the Monday after in Bryan ;
the Monday after in Chatham ; the fecond Monday thereafter in Effingham ; and
the Monday thereafter in Bullock.
And the faid inferior courts fhall be held at the refpective times following :
In the MIDDLE DISTRICT.
On the third Monday in June and December, in Columbia ; the fourth Monday
in June and December, in Richmond ; the firft Monday in July and January, in
Burke ; the fecond Monday in July and January, in Scriven : the third Monday in
July and January, in JefFerfon; the fourth Monday in July and January, in Mont-
gomery ; the firft Monday in Auguft and February, in Wafhington ; and the fecond
Monday in Auguft and February, in Warren.
And the faid inferior courts fhall be held at the refpective times following 1
In the WESTERN DISTRICT.
On the firft Monday in January and June, in Hancock ; on the fecond Monday
in January and June, in Greene; on the third Monday in January and June, in
Oglethorpe ; on the fourth Monday in January and June, in Jackfon j on the firft
Monday
LAWS OF GEORGIA. 69i
Monday in February and July, in Franklin; on the fecond Monday in February and A. D. 1799.
July, in Elbert : on the third Monday in February and July, in Lincoln ; and on No« 633°
the fourth Monday in Febroary and July, in Wilkes. And the ju'tices of the infe-
rior courts may adjourn from day to day, until they accomplish the bufmefs of the
term.
POWERS COMMON TO BOTH.
III. And be it further enacled, That the faid fuperior and inferior courts mail have Jurifdi<5Kon of
full power and authority to hear and determine all caufes both civil and criminal of f^ior courts.1""
which they (hall feverally have jurifdiftion according to the constitution and laws of
this State, by a jury of twelve men, to be taken from the county, in fuch manner
as (hall herein after be prefcribed, according to the ufages and cuftoms of law.
IV. And be it further et:a£led> That in cafe of unavoidable accidents, whereby the Adjournment
faid fuperior courts in any county, fliall not be held at the time appointed for hold- by clerk,
ing the fame, it fliall be the duty of the clerk of fuch court to adjourn the fame
from dav to day, not exceeding two days ; and if the faid court fhould not (it within
the faid two days as aforefaid, fuch clerk (hall then adjourn the fame to the next
term.
V. And be it further enabled, That the faid fuperior and inferior courts fliall be Courts of re-
courts of record, and have power to adminifter oaths, and exercife all other necefiary corc**
powers appertaining to their jurifdiflions reflectively, according to law ; and where
any of the faid courts fliall fail to meet, the proceeding in fuch courts fliall not there-
by be difcontinued, but fliall (land continued over in the fame manner as if fuch
failure had not been ; and all witnefles going to, attending on, and returning from witnefles free
any of the faid courts, (hall be free from arrefl on any civil procefs. . from arr<-ft-
VI. And be it further enatled, That the faid courts (hall have power on the trial Books, papers,
of caufes cognizable before them refpeclively on ten days notice, and proof thereof f10- j° be ?\°~
.._'•.. J . ; . duced on trial,
being previoufiy given to the oppofite party, or his, her or their attorney, on mo-
tion to require either party to produce books and other writings, in his, her or their
poflelEon, power or cuftody, which (hall contain evidence pertinent to the caufe in
oueftion, under circumftances where fuch party might be compelled to produce the
fame by the ordinary rules of proceeding in equity ; and if the plaintiff fliall fail or
refufe to comply with fuch order, it fliall be lawful for the court on motion to give
judgment againil fuch plaintiff as in cafe of non-fuit ; and if the defendant (hall
fail or refufe to comply therewith, the court on motion (hall give judgment againft
fuch defendant as in cafe of judgment by default; and the faid courts refpe£lively
fhall have power and authority to eftablifh copies of loft papers, deeds or other Loft papers,
writings under fuch rules and precautions as are or may have been cuftomary and ac-
cording to law and equity.
VII. And be it further enabled, That the judges of the fuperior courts or any one Habeas corpus.
of them, and the juftices of the inferior courts or any of them, in the abfence
of the judges of the fuperior courts, fhall have power to iflue writs of habeas corpus t
and in all cafes to difcharge, admit to bail, or remand to gaol any prifoner, accord-
ing to their difcretion and the law of the land : Provided, That in all cafes of a
capital
6<)2
DIGEST OF THE
A. D, 1799- capital nature where a writ of habeas corpus fiiall be iffued by a juftice of the inferior
No. 633. court, it fhall be neceffary that one or more of the juftices of fuch inferior court
{hall affociate with, the juftice granting the fame, at the return thereof, and a majo-
rity of fuch juftices fhall concur in opinion on any decifion or order aforefaid : And
it fhall be the duty of fuch juftices to attend on one day's notice being given of th*
time and place of the return of fuch writ.
Petition
procefs.
and
To whom
reeled.
di-
Anfwer or de-
fence in writ-
ing.
PROCESS.
VIII. And he it further entitled, That all fuits of a civil nature^ cognizable in the
faid courts refpeclively, fhall be by petition to the court, which petition (hall contain,
the plaintiff's charge, allegation or demand, plainly, fully and diftinclly fet forth,
and be figned by the plaintiff or his, her or their attorney, and to which petition
the clerk fhall annex a procefs figned by fuch clerk, and bear tefte in the name of
one of the judges, or juftices of fuch court, directed to the fheriff, requiring the
defendant or defendants to appear at the court to which the fame fhall be made
returnable", and fhall be ferved on the defendant or defendants at leaft twenty days,
before the return thereof, by delivering a copy of fuch petition and procefs to the
defendant or defendants, or leaving fuch copy at his, her or their moil notorious place
or places of refidence. And if any procefs fhall be delivered to the fheriff or other
officer whofe duty it fhall be to execute the fame, fo late that it cannot be ferved in
manner aforefaid, twenty days before the fitting of the court to which it fhall be
returnable, fuch procefs fhall not be executed, but the officer fhall return the fame
with the truth of the cafe. And if any original civil procefs fhall be taken out
within twenty days of the next court, the fame fhall be made returnable to the next
court to be held after the expiration of the faid ttuenty days and not otherwife : And
all procefs iffued and returned in any other manner than that herein before directed, .
fhall be, and the fame is hereby declared to be null and void.
IX. And be it further enabled. That all procefs iffued by the clerks of the faid
courts refpeclively, where the fheriff, who ought to execute the fame, fhall be anv-
wife interefted, fhall be directed to the coroner of fuch county, and ferved and re-
turned by him in the fame manner as is required of fheriffs : And for the more or- •
derly and regular proceeding in the faid courts, the following rules and methods
fhall be obferved, to wit : The defendant or defendants fhall appear at the court to
which the petition and procefs fhall be returnable,, and on or before the laft day of
the faid court, fhall make his, her or their defence or anfwer in writing, which fhall
plainly, fully and diftinclly fet forth the caufe of his defence, and be figned by the
party making the fame, or his, her or their attorney ; which faid anfwer may con-
tain as many feveral matters as fuch defendant or defendants may think neceffary for
his, her or their defence : Provided^ That no perfon fhall be permitted to deny any
deed, bond, bill, fingle or penal, note, draft, receipt, or order, unlefs he, fhe or
they, fhall make affidavit of the truth of fuch anfwer at the time of filing the fame :
And the faid petition and anfwer fhall be fufficient. to carry the fame to the jury,
•without
LA^S OF GEORGIA. 693
without any replication or other courfe of proceedings: And no petition, anfwer, A. D. 1799.
return procefs, judgment, or other proceeding in any civil caufe, fhall be abated, No< 33'
arretted, quafhed or reverfed for any defect in matter of form, or for any clerical how amen^I! '
miftake or omifiion, not affecting the real merits of the caufe ; but the court on mo-
tion (hall caufe the fame to be amended without any additional coft at the firft term,
and fhall proceed to give judgment according to the right of the caufe and matter of
law, as it fhall appear to the faid court, without regard to fuch imperfections in
matter of form, clerical miftake or omiffion ; and no dilatory anfwer fhall be received
or admitted unlefs affidavit be made of the truth thereof.
• X. And be it further enacied. That where any defendant fhall fail to appear and Judgment by
anfwer in manner aforefaid, the court on motion of the plaintiff, or his counfel, e au '
fhall enter a judgment by default, and the plaintiff's claim, allegation ox demand,
{hall be tried in all cafes of judgment by default, by a jury ; but no fuch trial fhall
in any cafe be had at the firft term : And no caufe whaffoever, depending in the Continuance
faid courts fhall be continued more than one term at the inftance of the fame party.
XI. And be It further enaSIed, That in all cafes where a fuit fhall be inftituted in Joint obligees
any of the faid courts, on any bond, note, or other written obligation, fubferibed
by feveral perfons, who refide in different counties, the plaintiff fhall have his option
to inftitute his fuit in either of the faid counties, and the clerk fnall iffue the original
petition and procefs and a copy or copies in fuch county, againft the defendant or
defendants who may refide therein, in manner directed by this act ; and fhall alfo
iffue another original and copy or copies thereaf for the defendant or defendants,,
refident in other county or counties : and it fhall be the duty of the plaintiff, his
agent or attorney, to caufe fuch original and copies to be delivered to the fheriff or
other officer in fuch other county or counties, who fhall execute and return the fame
to the court from whence they iffued, in fuch manner as is herein before directed,
and on fuch return the plaintiff may proceed as in other cafes.
EXECUTORS and ADMINISTRATORS.
XII. And be it further enafled, That no fuit or action fhall be iffued againft any Executors and
executor or adminiftrator, for any matter or caufe againft the teftator or inteftate of adminiftrator
fuch executor or adminiftrator in any of the faid courts, until the expiration of twelve xz months.
months after probate of the will of fuch teftator, or letters of adminiftration granted
on the eftate of fuch inteftate.
And no fuit in any of the faid courts fhall abate by the death of either party, Abatement.
where fuch caufe of action would in any cafe furvive to the executor or adminiftrator,
whether fuch caufe of action would furvive in the fame, or any other form, but the
fame fhall proceed as if fuch teftator or inteftate had not died, under the reftric-
tions and regulations following : When a plaintiff fhall die, in any cafe aforefaid,
the executor or adminiftrator of fuch plaintiff fhall within three months after taking
out probate of the will, or letters of adminiftration, give notice to the defendant or
defendants by fcire facias to iffue out of the clerk's office, returnable in the manner sdre/adus.
herein before prefcrxbed for the ifluing and return of procefs 3, and in cafes where
the
w«
m,4 DIGEST OF T H •£
A. D. 1799. the defendant fhall die, it fhall and may be lawful for the plaintiff to iffue a fcire
No. 633. facias in manner aforefaid, immediately after by expiration of twelve months, requir-
ing fuch executor or adminiftrator to appear and anfwer to the faid caufe.
temefole. And where a feme fole being plaintiif fliall marry pending any fuit, the fame (hall
not abate by reafon of fuch intermarriage, but the fame being fuggefted on the re-
cord, fuch caufe fhall proceed in the name of the hufband and wife.
BAIL.
Bail. XIII. And be it further enacled, That in all cafes where bail is requirable, and the
plaintiff in any aftion fhall require bail, fuch plaintiff fhall make affidavit before any
judge, ju ft ice of the inferior court, or juftice of the peace within this State, or any
judge or juftice of a fuperior court cf any .one of the United States, thall have an-
nexed thereto the feal of the State from whence it fliall come, and a certificate of
the governor, certifying that the perfon taking fuch affidavit is one of the judges or
juftices of a fuperior court of that State^ of the amount claimed by him, and that
he has reafon to apprehend the lofs of the faid fum, or fome part thereof, if the
defendant or defendants is, or are not held to bail ; which affidavit fliall be filed in
the clerk's office, and copies thereof affixed to the original petition and procefs, and
to the copy or copies thereof, and the amount fworn to., fliall be endorfed on the
petition and procefs.
XIV. And be it further enaElcdy That when any civil procefs fliall iffue out of anv
of the faid courts whereby bail fhall be required to be taken in manner aforefaid, of
any perfon or perfons to anfwer any action in any of the faid courts, the fheriff or
other officer fliall take a bond with one or more fufficient fecurity or fecurities, for
double the fum fworn to, and fliall return fuch bond with the petition and procefs:
And in cafe the fheriff or other officer fliall fail or neglect, to take fuch bail, or the
bail taken fhall be deemed infufficient by the court, on exceptions taken thereto, and
entry thereof made at the firft term to which the faid petition and procefs fliall be
returned, fuch fheriff or other officer, and his or their fecurity or fecurities, in ei-
ther of the faid cafes, fliall be deemed and ftand as fpecial bail, and the plaintiff
may proceed to judgment according to the provifions of the act herein after mention-
ed. And in all cafes where any defendant or defendants of whom bail fhall be re-
quired, fhall refufe to give good and fufficient bail, it fhall be the duty of fuch
fheriff or other officer, to commit fuch defendant or defendants to the common gaol
of the county, or if there fhould be no gaol in the county, or the fame fhall be in-
fufficient, it fliall and may be lawful for the faid fheriff or other officer, to confine
fuch defendant or defendants in fome private houfe j Neverthelefs, fuch perfon or
perfons fhall be allowed all the benefits of appearance and defence, as if he, fhe or
they were perfonally prefent, and fhall not be difcharged out of cuftody but by put-
ting in bail, or by order of court.
XV. And be it further enacled, That all bail taken according to the directions of
this a£t, fhall be deemed, held and taken as fpecial bail, and as fuch be liable to the
.recovery of the plaintiff; but the plaintiff after final judgment, fhalf not take out
execution
m
LAWS OF GEORGIA. 695
execution againft fuch bail, until a capias ad fatisfaciendum fhall be firft iffued thereon, A. D. 1799.
and the principal cannot be found, and fhall alfo iffue a fcire facias returnable to the. No. 633.
faid court, which fhall be ferved on the bail at lead twenty days before the return
thereof; and after the return of fuch capias ad fatisfaciendum againfi the principal, and
fcire facias againft the bail, and judgment thereon, execution may ifTue againft the
principal and bail, or either of them, or either of their eftates,- unlefs the bail fhall
furrender the principal at or before entering up final judgment on the fcire facias ',
either in open court in term time, or to the fheriff of the county in which fuch
principal fhall refide, at any time in vacation : And it fhall be the duty of the court
to order fuch principal into the cuftody of the fheriff, and the duty of the fheriff in
time of vacation to receive into his cuftody fuch principal, and in either cafe to com-
mit him, her or them to gaol according to the directions of this act, any law, ufage
or cuftom to the contrary notwithstanding.
XVI. And be it further enacled, That when any fcire facias iffued according to the
directions of this act, fhall be by the proper officer returned ferved, the bail fhall
appear and anfwer, and the matter be tried at the firft term to which the fcire facias-
fhall be returned, unlefs the bail fhall fhew very fpecial caufe to induce the court to
continue the fame for one term and no longer ; and in cafe fuch bail fhall not appear
and anfwer in manner aforefaid, the court on motion of the plaintiff, or his counfel.,
fhall enter final judgment at the firft term : But if it fhall appear to the court, to
which any fcire facias may be returned ferved on the bail, that the principal is con-
fined in any gaol of this State, by virtue of any civil procefs, on proof thereof, and
on motion of the plaintiff, or bail, the faid court fhall order and direct, that fucb/
principal be retained in gaol, where he, flre or they fhall remain a prifoner or pri-
foners, until he, fhe or they fhall have paid the plaintiff's judgment and cofts, or
be orherwife difcharged according to law ; a copy of which order being ferved on
the gaoler or keeper of fuch prifon, before fuch prifoner's releafement, fhall be a
fuffkient authority for him to retain fuch prifoner until fuch order fhall be complied
with, and fhall alfo be deemed a furrender of fuch principal, and as fuch fhall dif-
charge the bail. Provided, That nothing herein contained fhall be fo conftrued as
to prevent any perfon, who fhall be furrendered by the bail, pending any action, from
putting in other good and fuffkient bail, who fhall be fubject to the like proceed-
ings, and allowed the fame advantages as are herein before prefcribed.
MORTGAGES on REAL ESTATES.
XVII. And be it further enac7ed} That the method of foreclofing mortgages on real Mortgages oa
eftates in this State, be as follows : Any perfon applying and entitled to foreclofe real eftate*
fuch mortgage, or his, her or their attorney, fhall petition the fuperior court of the
county wherein fuch mortgaged property may be, ftating the cafe, and the amount
of his, her or their demand, and defcribing fuch mortgaged property, and the court
fhall grant a rule that the principal, intereft and cofl fhall be paid into court within
twelve months thereafter, which rule fhall be publifhed in one of the public gazettes
of this State, at leaft once in every month until the time appointed for payment, or
ferved
696
DIGEST OF THE
A. D. 1799. fcrved on the mortgager or his fpecial agent, at lead fix months previous to the time
No. 633. tne njoney is directed to be paid, and unlefs the principal intereft and coft be fopaid,
the court ihall give judgment for the amount which may be due on fuch mortgage, and
order the property mortgaged to be fold in fuch manner as is prefcribed in cafes of
executions, and the money ihall be paid to the mortgagee or his attorney ; but where
there {hall be any furplus the fame fhall be paid over to the mortgager or his agent.
And in cafe of any difpute as to the amount due on any mortgage, if the mortgager
fhall appear within the time prefcribed by this a£t, and make affidavit that he hath
made payments which have not been credited on the faid mortgage, or that he is enti-
tled to fet-offs which in equity ought to be allowed, the court fhall appoint one or
more fie perfon or perfons to audit and liquidate the fame, but either party fhall be
entitled to a new trial therefrom, which fhall be tried ia like mariner as fhall be pre-
fcribed for the trial of appeals in other cafes.
Mortgages of
perfonal eltato.
Witnefies.
MORTGAGES of PERSONAL PROPERTY.
XVIII. And be it further enabled % That mortgages of perfonal property fhall be
foreclofed in the following manner : Any perfon or perfons holding a mortgage on
perfonal property, and wifhing to foreclofe to the fame, fhall make application to one
of the judges of the fuperior, or juftices of the inferior courts, and make affidavit
before him, of the amount of principal and intereft, due on fuch mortgage, which
affidavit fhall be annexed to fuch mortgage, and thereupon the clerk of the fuperior
or inferior courts fhall iffue execution as on a judgment, which execution being deli-
vered to the fherifF, it ihall be his duty to levy on the property wherefoever the fame
may be found, and after advertifmg the fame in one or more of the public gazettes of
this State at \t2Jkf1aty days, the fherifF ihall let up and expofe the fame to fale, and
the money arifmg from fuch fale fhall be firft applied to difcharge the amount due on
fuch mortgage and all legal cofts, and the overplus if any to be paid to the mortgager.
Provided 'always ■, That if any difpute fhall happen as to the fum due on any mortgage
that it fhall and may be lawful for the faid j udge or j uftices of the inferior courts on affi-
davit, to order fuch fale to be poftponed, the mortgager giving bond with good and
fuificient fecurity in double the fum fworn to be due, for returning fuch property when
called for by the fherifF, which bond fhall be affignable by the fherifF to the mortgagee,
who may fue and recover thereon, but the jury fhall be fworn to give at leaft twenty-
five per cent, damages, in cafe it fhall appear that fuch application was intended for
delay only. And in all cafes where application has been heretofore made to the infe-
rior courts for the foreclofure of mortgages of perfonal property, it fhall and may be
lawful, and they are hereby required to proceed to the foreclofure thereof, in like
manner and order as herein pointed out for the foreclofure of mortgages on perfonal
property.
WITNESSES.
XIX. And be it further enabled^ That where the attendance of any perfon fhall be
required as a witnefs in any of the courts aforefaid, in any caufe depending therein,
it
. LAWS OF GEORGIA. 697
it {hall be the duty of the clerics of the faid courts refpectively, on application to iiTue A. D. 1 799-.
writs of fubpcena directed to the perfons whofe attendance fhall be required, where No- 633--
fuch perfons refide within the county in which fuch caufe may be depending, which SulPa"a-
writ of Jubpesna (hall exprefs the caufe, and the party at whofe fuit it fhall be iffued,
and fhall be ferved on fuch witneffes at lead five days before the court to which it fhall
be returnable; and which writ fhall be ferved by a fherifF, conitable or fome private
perfon, and the return of a fherifF or conitable of fuch fervice, or the affidavit of any
private perfon, fhaii be fufficient evidence that fuch fubpcena was duly executed.
XX. And be it further enabled, That where it fliali appear in manner aforefaid, Attachments-
that a witnefs in any caufe fhall have been duly fummoned, and fuch witnefs fhall gu,n
fail to appear, it fliali be the duty of the court, on motion, to ifFue an attachment
againft fuch defaulting witnefs, returnable to the next court, and fhall fine fuch witnefs
in a fum not exceeding three hundred dollars, unlefs he or fhe (hall make a fufficient
excufe for fuch non-attendance, which fhall be judged of by the court, but fhall
neverthelefs be fubjecl to the a£tion of the perfon at whofe fuit fuch witnefs fhall
have been fummoned, for any damage which he, fhe or they may have fuflained by
reafon of fuch non attendance.
XXI. And be it further enacted, That when a fubpcena fhall be ferved on any Witneffes to at-
witnefs in conformity to this ac~t, it fliali be the duty of fuch perfon fo fummoned, to J^i-Jed.1'
attend from time to time until the caufe in which fuch witnefs fhall have been fum-
moned is tried, or be otherwife difcharged by the court.
XXII. And be it further enabled, That on the laft day of the attendance of any Howp:.id.
witnefs, in each term, it fliali and may be lawful on application of fuch witnefs, to
exhibit his account for attendance againft the perfon or perfons at whofe fuit he or
ihey may have been fummoned, and the judge or prefiding juftice fhall examine and
certify the fame under his hand, which fhall be counterfigned by the clerk, whereupon
fuch account fo certified, fliali have the force and effecT: of an execution, and may be
levied by the fherifF or conftable, according to the amount thereof, off the goods and
chatties of fuch party, in like manner as in cafes of other executions : prsvided never-
thehfj, That where any witnefs fhall claim and levy, for more than is really due, fuch
witnefs fliali forfeit and pay to the party injured four times the amount of the fum fo
unjuflly claimed.
And no party caft in any fuit fhall be taxed for more than the coft of two witneffes
to any material point in any caufe which fhall be fpecially certified by the court trying
the fame, nor fhall any party be allowed to tax cofts for different witneffes to different
material points, where the fame witneffes fhall be fufficient in the opinion of the
court to prove fuch material points.
XXIII. And fa it further entitled. That where any witnefs refides out of the State, Interrogatories.
or out of any county in which his teftimony may be required in any caufe, it fliali be anidcPofiti0ns-
lawful for either party, on giving at leaft ten days notice to the adverfe party, or his,
her or their attorney, accompanied with a copy of the interrogatories intended to be
-exhibited, to obtain a commiffion from the clerk of the court in which the fame may be
required, directed to certain commiffioners to examine all and every fuch witnefs or
4 T witneffes
Cys
DIGEST OF THE
A. u. 1799.
Setts-of,
Bonds, notes,
&e. negociablc.
Vcrdi&s and
judgment.
Stay of execu-
tion.
Appeal.
wttheJFes on fuch inierrogataries as the parties may exhibit, and fuch examination Hiall
be read at the trial on motion of either party.
SETTS-OFF and SPECIALTIES.
XXIV. And be it further enacled, That in all cafes of mutual debts and fetts-ofF,
where the jury fhail find a balance for the defendant, fuch defendant may and fliall
enter up judgment for the amount, and take out execution in fuch manner as plaintiffs
may do by this act : provided, fuch defendant ilia.ll at the time of filing his anfwer,
alfo file therewith a true copy or copies of the fubject matter of fuch fett-off ; and
where the plaintiff fhail be indebted to the defendant on open account for dealings
between themfelves, and where the defendant (hall hold and poflefs in- his own right,
by alignment, inclorfement or other wife according to law, any bond, note, bill or other
writing, for money or other thing of the faid plaintiff's, fuch defendant fhail and
may offer the fame as fetts-off, and on due proof fhail be allowed the fame.
XXV. And be it further enacted, That all bonds and other fpecialties, and prorniffory
notes and other liquidated demands, bearing date fince the ninth day of June one
thoufand feven hundred and ninety-one, whether for money or other thing, (hall be of
equal dignity, and be negociable by indorsement, in fuch manner and under fuch
reftrictions as are prefcribed in the cafe of prorniffory notes. Provided, That nothing
herein contained fhail prevent the party giving any bond note or other writing from
retraining the negociability thereof by expreffing in the body thereof fuch intention.
VERDICTS and JUDGMENTS.
XXVI. And be it further enaBed, That in all cafes where a verdict fhail be rendered,
the party in whole favour it may be, fliall be allowed to enter and fign judgment thereon,
at any time within four days after the adjournment of the court, at the clerk's office,
for the amount of fuch verdict and all legal cods recoverable thereon, and no execution
fhail iffue on any verdict, until fuch judgment fhail be entered, figned by the party or
his attorney j and all the property of the party againft whom fuch verdict fhail be
entered (hall be bound from the figning of the firft judgment ; but where ftveral
judgments fhail be of equal date, the firft execution delivered to the fherifT (hall be
the firft fatisfied.; provided always, That any party againft whom fuch judgment (hall
be entered, may enter good and Sufficient fecurity, either in open court, or in the
clerk's office, within the time aforefaid for the payment of the judgment and cofts
within fixty days, and if fuch party (hall not pay the fame agreeably thereto, execution
may iffue againft fuch party, and the fecurity without any other proceeding thereon :
and provided alfo, That in cafe either party (hall be diffatisfied with the verdict of the
jury, then, and in all fuch cafes, either party may, within four days after the adjourn-
ment of the court in which fuch verdict was obtained, enter an appeal in the clerk's office
of fuch court, (as a matter of right' and if fuch verdict (hall be obtained in the inferior
court, it (hall be the duty of the clerk thereof to tranfmit fuch appeal to the clerk of
the fuperior court of the county in which fuch verdict (hall be obtained, who (hall
enter the fame on the appeal docket, which appeal fhail be admitted and tried by a
fpecial
LAWS O F GEORGIA, 699
fpecial jury — Provided, The perfon or perfons fo appealing fhall previous to obtaining A. D. 1 799-
fuch appeal, pay all cofts which may have arifen on the former trial, and give fecurity ^T°- 633-
for the eventual condemnation money, except executors and adminiftrators, who (hall
not be liable to give fuch fecurity, but if on hearing fuch appeal, it (hail appear to the
jury that the appeal was frivolous and intended for delay only, they fhall a fiefs damage
lo the party aggrieved by fuch delay, not exceeding twenty five per centum on the
principal fum which they fhall find due; and fuch damages as fhall be fo aflelTed.
fhall be fpecially noted in the verdicts of fuch jurors, and no perfon fhall be allowed
to withdraw an appeal after it fhall be entered but by the confent of the parties. And Mis-trial.
in cafe of a jury committing a contempt, or breaking up before giving in their verdicx
in any civil cafe, the court may declare the fame a mifs-trial, and (hall fine each of the
offending juror or jurors in a fum not exceeding one hundred dollars. And if aay Non-fi.it.
party, plaintiff or defendant, be hereafter non-fuited or caff by reafon of the neglect
or mifcondudt of the attorney, who fhall hereafter bring or be employed in fuch fuit,
in all fuch cafes the faid attorney fhall pay all cofls that may accrue thereby, and the,
court fhall immediately enter up judgment accordingly for the fame.
XXVII. And be it further enabled. That no confefiion of judgment fhall hereafter Confeffion of
be entered up, but in the county where the defendant or defendants may refide, or ^ £mcnt-
unlefs the caufe hath been regularly fued out and docketed in the ufuai way as in
other cafes, nor until fuch caufe be called in order by the court for trial.
XXVIII. And be it further enabled, That no verdict fhall be received on any Intertft.
unliquidated demand where the jury have increafed their verdict on account of intereft,..
nor fhall intereft be given on any open account, in the nature of damages-
XXIX. And be it further enabled, That where any attorney ihall inftitute a fuit in AttormeswKen
any of the faid courts, for and in behalf of any perfon who refides out of the State, or t0 pay c •
out of the county in which the plaintiff or plaintiffs may refide, fuch attorney fhall be
liable to pay all cofts, in fuch manner as fuch plaintiff would be, were he, (he or they
refident in this State. And if any attorney fhall retain any monies received by him
after being ordered by the court to pay over the fame to his principal, he fhall be by.
the court, (truck from the lift of attornies, and never after fuffered to plead in any,
court of this State.
ARBITRATION;
XXX. And be it further enabled, That in all matters fubmitted to reference by par- Asbftratiba*.
ties, in a fuit under a rule of court, or other agreement in writing figned by the parties
judgment fhall be entered up by the party in whofe favor the award is given, and
execution (hall iffue for the fum awarded to be paid as they refpeclively become due,
and to be levied on the property of the party againft whom the judgment fhall have
been entered up, and fuch other proceedings fhall be had thereon by the court, as in
cafes of judgments entered up on verdicts of juries: Provided, .That no judgment
fhall be entered on an award, where it fhall appear any other caufe or caufes ftand
on the docket of the court againft the defendant, or defendants undetermined, before,
the caufe in which a rule or other agreement in writing for arbitration is entered,
EXECUTIONS*
DIGEST OF THE
A. D. 1799.
No. 633.
Execution.
EXECUTIONS.
Illegality of ex-
ecution.
Claim
perty.
of
pro-
Sales by execu-
tion.
[XXI. And he it further enabled, That all executions fhall be iflued and figned by
the clerks of the feveral courts in which judgment (hall be obtained, and bear tefte
in the name of one of the judges or prefiding juftices of fuch courts, and fliall be
directed to all and fingular the fherifFs of this State, and may be levied on the eftate,
both real and perfonal, of the defendant or defendants, or iiTued againft the body of
the defendant at the option of the plaintiff; which execution fliall be of full force until
fatisfied, without the fame being obliged to be renewed on the cou¥t roll from year to
year as heretofore pra£tifed.
And where the defendant fliall point out any property on which to levy the execution
being in the hands and pofleflion of any perfon, not a party to fuch judgment, the
fhcriff {hall not levy thereon, but fliall proceed to levy on fuch property as may be
found in the hands and pofleflion of the defendant, who (hall neverthelefs be at liberty
to point out what part of his property he may think proper, which the fheriffihall be
bound to take and fell fir ft.-— Provided, The fame is in the opinion of the fherifF fuffi-
cient to fatisfy fuch judgment.
XXXII. And be it further enabled, That in all cafes where execution fliall iffue ille-
gally, and the perfon againft whom fuch execution may be, fhall make oath thereof,
and (hall ftate the caufes of fuch illegality, fuch fherift" fliall return the fame to the
next term of the court out of which the fame iflued, which court (hall determine
thereon at fuch term. And where any fherifF fhall levy an execution on property
claimed by any perfon, not a party to fuch execution, fuch perfon fliall make oath to
fuch property, and it fhall be the duty of the fherifF to poftpone the fale or further exe-
cution of the judgment, until the next term cf the court from whence the execution
iflued, and fuch court (hail caufe the right of property to be decided on by a jury at the
fame term, unlefs fpecial caufe be {hewn to induce the court to continue the fame for
one term and no longer : Provided, The perfon claiming fuch property, or his attor-
ney, fhall give bond to the fherifF, with fecurity in a fum equal to the amount of the
execution, conditioned to pay to the plaintiff all damages which the jury on the trial
of the right-of property may aflefs againft him in cafe it fhould appear that fuch claim
was made for the purpofe of delay; and every juror on the trial of fuch claim fhall be
fworn in addition to the oath ufually adminiftcred to give fuch damages, not lefs than
ten perc ent. as may feem reafonable and juft to the plaintiff againft the claimant, in
cafe it fhall be fufficiently fhewn that fuch claim was intended for delay only; and it
fhall be lawful for fuch jury to give verdict in manner aforefaid, by virtue whereof
judgment may be entered up and execution iffue againft fuch claimant; And provided
alfo, The burthen of the proof fhall lay with the plaintiff in execution. '.•
XXXIII. And be it further enabled, That no fales in future fhall be made by fherifFs
of property taken under execution, but on the firft Tuefday in each month, and be-
tween the hours of ten and three in the day; and it fhall be the duty of the flieriffs to
g\vz thirty days notice in one of the public gazettes of the State, of all fales of lands and
other property executed by him, and alfo advertife the fame in three of the moft public
places in the county where fuch fales are to be made, and fhall give a full and complete
defcriptioti
LAWS OF GEORGIA, 701
difcription of the property to be fold, making known the name of the defendant, and A. D. 1 799.
the perfon who may be in poffeffion of the property, except horfes, hogs and cattle, ^°* 633«
which may be fold at any time by the confent of the defendant;, and in which cafe it
{hall be his duty to give the plaintiff ten days notice thereof, and alfo to advertife the
fame in three or more of the moft public places in the county where fuch property may
be, at lead ten days before the fale. V
CLERKS.
XXXIV. And be it further enabled, That the clerks of the feveral courts in this Clerks to record
State, (hall copy into a book of record, all the proceedings in all civil cafes in the Proceedmgs-
faid courts refpe£Hvely, which entry of record fhall be made w\t\\m forty days after
the determination of any .caufe ; and the faid clerks fhall be allowed, the fum of
ten cents for every hundred words of recording fuch proceeding, to be taxed in the
bill of coft. And the faid clerks (hall alfo keep regular and fair minutes of all the
proceedings in any of the faid courts, which (hall be figned by the judge of the fu-
perior, or preftding juftices of the inferior courts,' (as the cafe may be) prior to the
adjournment from day to day.
. XXXV. And be it further enabled, That the clerks of, the faid fuperior and infe- Tobefworn
A ' K A
rior courts, hereafter to be appointed, fhall before they enter upon the duties of their *". j?iveit,
appointments, and after being commiffioned by the governor, take the following oath
before one of the judges of the fuperior courts, or a juftice of the inferior court of the
county : u I do folemnly fwear (or affirm) that I will truly and faithfully enter and
" record all the orders, decrees, judgments, and other proceedings of the fuperior
*5 (or inferior) court of the county of , and all other matters and things
" which by law ought by me to be recorded, and that I will faithfully and impar,-
tf tially difcharge and perform all the duties required of me, to the beft of my un-
derftanding." And (hall alfo enter into bond with one or more good and fufficient
fecurity or fecurities to the governor for the time being, in the. fum of three thoufand
dollars, conditioned for the faithful difcharge of the duties required of them : And
the faid clerks (hall in virtue of their offices be juftices of the peace, fo far as to
adminifler all oaths appertaining to the bufmefs of their office.
XXXVI. And be it further enabled, That no clerk of a court or other perfon em- Not to ad as
ployed in his office (hall aft as an attorney, in his own name, or the name of any attoriiey'
other perfon, or be allowed to plead or practice in fuch courts, during the time he
fhall be employed in fuch office. And that the fame perfon may be clerk of the fu- May he clerk
perior and inferior court of the fame county. Provided, That nothing herein con- of bothtourts-
tained fhall extend to prevent any officer of the court from profecuting or defending
any fuit to which he is a party.
LAW DEPARTMENT.
XXXVII. And be it further enabled, That it (hall be the duty of the State's attor- State's attorney
ney and folicitors, or one of them, to profecute all delinquents for crimes, and other
offences cognizable by the faid courts, and all civil a& ions in which, this State fhall be
concerned,
.
fcaft D I G EST OF THE
A. D. 1799* concerned, and to give advice or opinion in writing to his excellency the governor,
No. 633. in questions of law, in which the State may be interested. And in cafe itthould fo
happen, that neither the State's attorney or folicitors or either of them can attend
the faid courts, then the judge presiding, may, and he is hereby authorized and
requked .to appoint fome attorney at Taw, ' to prepare and profecute the indict-
ments and other bufinefs of the State ; and fuch perfon fo appointed fha!l be entitled
to the fame fees and emoluments therein, as the State's attorney or folicitors would
have been entitled to.
JURIES.
Juries. XXXVIII. And be it further enaffed, That the clerks 6f the fuperior courts of
the refpective counties, fhall procure from the rax collector of fuch county, and
furnifh to the court (within two months) a lii! of perfons liable and qualified to ferve
as grand and petit jurors agreeable to the qualifications herein after prefcribed •, and
all free male white citizens above the age of twenty-one years and under fixty years,
?re declared to be qualified and. liable to ferve as petit jurors for the trial of all civil
caufes, for recovery of debts or damages to any amount whatfoever *, but no perfon
fhall be capable to be of a jury for the trial of treafon* felony, breach of the peace,
or any other caufe of a criminalnature, dr of any eftate of freehold*' or of the right
cr title to any lands or tenements, in any court of record within this State, who
fhall not be qualified to vote at elections for members of the legiflature; and if
any perfon. not qualified as aforefaid, mall be returned on any jury, he fhall be dis-
charged on the challenge and proof thereof, of either of the parties to fuch fuit, or
on his own oath of the truth thereof: Provided, That no exception againft any juror,
on account of his qualification, fhall he allowed after he is fworn.
How to be XXXIX. And be it further enabled. That the clerks of the feveral courts are
drawn. required tn prefence or under the direction of the judge or judges of fuch court, to
regulate and correct the feveral jury lifts annually, by particularly fpecifying, in dif-
tinct columns, the perfons moft able, difcreet and qualified as herein mentioned to
ferve as grand jurors ; which lift, fo corrected, fhall be committed to the fafe keeping
of the clerks of fuch courts refpectively ; and the clerks of fuch courts fhall imme-
■diately after receiving fuch litis, fairly enter the fame in a book for that purpofe, to
be -provided by fuch" clerk (at his own expence) diftinguifhing in feparate columns the
perfons felected to ferve as grand jurors, and thofe for the trial of civil and criminal
caufes as aforefaid; and the names of the perfons fo felected, fhall be written on
feparate pieces of paper, and put into the different apartments of a jury box, to be
provided by the clerk at the public expence, in the construction and manner herein
after prefcribed, to wit: There fhall be an apartment in the faid jury box, marked
number one, in which fhall be placed the names of all the perfons felected to ferve as
grand jurors^ and another apartment marked number two, into which fhall be placed
the names of all the perfons felected for the trial of civil and criminal caufes as afore-
faid; which box fhall be kept locked, and no jury fhall be drawn or impannelled, but
in the prefence of one or more of the judges and clerks of the court; nor fhall any
clerk
LAWS OF GEORGIA, 705
clerk of the court, or other perfon having the cuftodyof the jury box, prefume on any A, D. 1799.
pretence whatfoever to open the faid jury box, tranfpofe or alter the names, except it ^T°" 6^3
be in the prefence of the judge or juftices officially attending for the purpofe of draw-
ing jurors, or correcting the lifts, under penalty of being dealt with in the manner
herein pointed out for mal-practice in office.
XL. And be it further enabled^ That the faid judge or juftices and clerk of the
court, or perfon having cuftody of the key, fhall previous to the adjournment of any
fuperior court, or at leaitvfiw months prior to the fitting of the next court, caufe to be
drawn out of the apartment of the faid box marked number one, not lefs than twenty-
three or more than thirty-fix names as grand jurors ; and out of the apartment marked Grand jurors,
number two, not lefs than forty-eight or more than feventy-two names as petit jurors Petit jurors.
for the trial of civil and criminal caufes as aforefaid; which names fo drawn out fhall
after an account is taken of them, at each term or time of drawing, be carefully
rolled up again, and depofited in the two other apartments to be provided in fuch jury
box, marked number three and four, to wit : The names of the grand jurors in the
divifion number three, and the names of the petit jurors in the divifion number four;
and when all the names (hall be drawn out of the apartments number one and two as
aforefaid, they fhall then commence drawing from the apartments number three and
four, and return them into the numbers one and two, and fo on alternately.
XLI. And be it further entitled^ That no grand jury fhall confift of lefs than eighteen Grand jury.
or more than twenty-three , but twelve may find a bill, or make a prefentment, and that
the names of the feveral jurors to be drawn as aforefaid, {hall immediately after they
are drawn out, be entered by the clerk on the minute book of fuch court j and if it
fhall fo happen, that from any unavoidable circumftance the judge fhall not attend at
the time appointed for holding the fuperior court of any county, he fhall neverthelefs
attend in perfon for the purpofe of drawing jurors, or fhall tranfmit to the juftices of
the inferior court of fuch county a requeft in writing, that they or any two of them
attend at the clerk's office, on fome convenient day, at leaft two months preceding the
next term, for the purpofe of drawing grand and petit jurors in manner herein before
directed, and the faid judges of the fuperior courts are declared to be refponfible for
the legal and regular drawing of juries in the refpective circuits in which they may
prefide : And in cafe of fuch unavoidable circumftance fpecialiy ftated by any judge of
the fuperior court, the faid juftices or any two of them fhall, and are hereby required
to conform to iiich requefts, by attending and drawing juries agreeably to this act ;
Provided neverthelefs y That where juries have already been drawn in any county for the
next term under the late judiciary act, fuch juries fhall ftand over and be confidered as
the legal juries under this law.
XLII. And be it further enacled, That the clerk of the court fhall annex a pannel Jurors— how to
of the jury containing the names of the perfons drawn to ferve on the grand inquefl' e unimone •
exactly tranfcribed from the minute book, to the prscept for fummoning fuch grand
jury 5 and fhall alfo annex another pannel containing the names of the perfons drawn
as petit jurors, for the trial of civil and criminal cafes, exactly tranfcribed as aforefaid,
to the precept for fummoning the petit jurors, in the mandatory part of which precept
fhall
7*4
A, D. 1799.
No. 633.
Defaulting
'jurors.
^etit jurors
oath.
DIGEST OF THE
{hall be written the words following, viz. "The feveral perfons named in the pannel
hereunto annexed," which precept with the feveral pannels annexed as aforefaid, fhall
be delivered by the clerk of the court within three days after the drawing of fuch juries
a-s aforefaid, to the' fheriff of the county or his deputy.
XLIII. And be it further enabled^ That the fheriff or his lawful deputy for the
time being, tipon the receipt of any precept for fummoning grand or petit jurors, (hall
caufe the feveral perfons whofe names are written in the pannel thereunto annexed, to
be ferved with a fummons at leaft ten days before the fitting of the court for which they
are drawn and impannelled; which fummons fhall be in the following words, or words
to that effect : " By virtue of a precept to me directed, you are hereby commanded to
" appear before the judge of the fuperior court, at the next fuperior court, to be held
" at the court houfe in and for the county of on the day of a't ten
rt o'clock in the forenoon of that day, to be fworn on the grand jury, (or as a juror for
" the trial of civil and criminal caufes then and there depending, as the cafe may be)-,"
which fhall be figned by the fheriff or his lawful deputy for the time being; which
fheriff or lawful deputy aforefaid, (hall make return of all fuch precepts, in each of
which he fhall fet forth the names of all fuch perfons as {hall have been fummoned
by virtue of fuch writs or precepts, and the time when they were fummoned, and alfo
the names of the perfons whom he may not have fummoned, together with the rea-
fons why they were not fummoned, on pain of being fined by the court.
XLIV. And be it further enafted, That the clerk of the court fhall make due entry
in the minute book of fuch court of the appearance of all jurors, and fhall likewife
enter and make report of the names of all fuch as ihall make default in appearing ;
that if any perfon who fhall be drawn, impannelled, fummoned and returned to ferve
as jurors at any court as aforefaid, fhall neglect or refufe to appear, or after appearance
fhall refufe to ferve, or fhall abfent himfelf without leave of the court, then and in that
cafe, it fhall be lawful for the court to fine fuch perfon, if a petit juror, in a fum not
exceeding twenty dollars, and if a grand juror, in a fum not exceeding forty dollars,
unlets fuch juror fhall fhew good and fufficient caufe of excufe, to be made on oath
before any juftice of the peace, and filed in the clerk's office of fuch court, within
thirty days after opening the faid court ; the merits of which excufe fhall be determined
by the next fucceeding court ; and when from challenge or otherwife there fhall not
be a fufficient number of jurors to determine any civil or criminal caufe, the court
may order the fheriff or his deputy, to fummon by-ftanders or others, qualified as
herein before required, for the trial of fuch caufe or caufes, fufficient to complete the
pannel ; and when the fheriff or his deputy are difqualified from ading in the manner
herein expreffed, jurors {hall be fummoned by the coroner, or fuch other difinterefted
perfon as the court may appoint.
XLV. And he it further enafted, That the oath to be adminiftered to petit jurors
in civil cafes, (hall be in the form following: "You (A. B.J fhall well and truly try
" the caufe depending between the parties at variance, and a true verdict give accord-
'** in? to evidence : So help you Ged"
5 r J SHERIFFS.
LAWS OF GEORGIA. fb$
SHERIFFS. A. D. 1799-,
XLVL And be it further enacted, That the fheriffs of the- feveral counties (hall sheriffs.
attend the fuperior and inferior courts in the refpeclive counties when fitting, and
by themfelves or deputies execute throughout the counties all writs, warrants, pre-
cepts and precedes directed to them, and limed under the authority of any judge or
juftice of the faid fuperior or inferior courts or the clerk of either of the courts; and
the faid fheriffs or their deputies (hall have power to command all neceffary affiftance
in the execution of their duty, and to appoint, as there (hall be occafion, one or more
deputies; and before any fheriff fhali enter upon the duty of his appointment and be-
ing commifiioned by the Governor, he {hail be bound for the faithful performance of
his duty, by himfelf and his deputies, before any one of the faid judges, to the Go-
vernor of the State for the time bei:ig, and to his fuccefTors in office, jointly and fe- andfccurity.
verally, with two good and fufiicient fecurities, inhabitants and freeholders of the
county to be approved of by the judices of the inferior court, or any three of them,
in the fum of t%venty thouf and dollars ; and the faid bond fhall remain in the office of
the clerk of the fuperior court of fuch county, and may be fued for by order of the
faid court, for the fatisfaction of the public or perfons aggrieved by the mifconducl:
of the fhenff or his deputy, and the faid fheriff (hall take and fubfcribe the following
oath, before one of the judges of the fuperior, or juftices of the inferior courts, and
the fame ihall be entered on the minutes of the faid court, before fuch fheriff fhall
enter on fhe'duties of his office, to wit: " I do folemnly fwear (or affirm as the cafe Their oath,
" may be) that I will faithfully execute all writs, warrants, precepts and precedes
u directed to me as fheriff of the county of , and true returns make, and in all
" things well and truly, and without malic or partiality, perform the duties of the office
"' of fheriff of during my continuance in office, and 'take only my lawful fees :
" So kelp me God" And an oath to the fame purport fhall be taken by each of the
deputies of the faid fheriffs in like manner.
XLVII. And be it further enabled, That in cafe of the death of either the faid fhe- Liable for the
• yy 1 1 1 i- n it • • ev i r 1 • r r ' 11 Conduct of thciV
riffs, the deputy or deputies, ihall continue m office, unlets otherwue fpecially re- deputies*
moved, and execute the fame in the name of the deceafed, until another fherifFbe
appointed and qualified ; and the defaults and misfeafance in office of fuch deputy
or deputies in the mean time, as well hefore as after the death of fuch fheriff, fhali
be adjudged a breach ofthe condition of the bond given as before directed by the fhe-
rifFwho appointed fuch deputy or deputies; and the executor or adminiftrator of the
deceafed fheriff, fhall have the like remedy for the mifconduct or misfeafance, or de-
fault in office of fuch deputy or deputies during fuch intervals as he would be entitled
to, (if the fheriff had continued in life and in the execution of his office) until his fuc-
ceffor was appointed and fworn.
XL VIII. And be it further enabled. That the fheriff of each county fhall at the ex- To account wit&
• f c agnail
piration of his appointment, turn over to the fucceeding fhenff, by indenture and °r*
fchedule, all fuch writs and proeeffes as fhall remain in his hands unexecuted, who
fhall duly execute and return the fame; and in cafe any fheriff fhall neglect or refufe
to turn over fuch proeeffes in manner aforefaid every fuch fheriff fo neglecting or re-
4 U fufmg .
YA DIGEST OF THE
D. A. 1799. fufing (hall be liable to fuch fatisfaction, by damages and cods, to the party aggrleV-
Ko. 633. ec^ as jie> (]ie or t^€y (^.an fuftain by reafon of fuch neglect or refufa! ; and every
fheriff at the expiration of fuch his appointment, fhall alfo deliver up to his fucceffor,
the cuftody of the gaol, and the bodies of fuch perfons as fhall be confined therein,
with the precepts, writs or caufes of fuch detention; and fuch fucceeding fheriff
fhall be empowered and required to fell and carry into effect, and levy made by his
predeceffor in office, in like manner as fuch fheriff could have done had he continu-
ed therein, and fhall make tides to the purchafers for all the property fold under ex-
ecution and not conveyed by his prsdeceffor.
■Sheriffs kow >ILIX. And be it further enabled. That the fheriffs of the feveral counties in this
c* State, fhall have like powers and authorities, and they and their under fheriffs and
gaolers, conftables and other officers belonging to the court, be liable to all actions,
fuits, penalties and -difabilities whatfoever, which they or either of them may incur
for, or on account of the efcape of prifoners, or for, or in refpect of any other mat-
ter or thing whatfoever, relating to, or concerning their refpe&ive offices, in the
fame manner as they have heretofore been liable by law in force in this State; and no
Not to aft as fheriffs, under fheriffs, deputy, or other fheriff's officer fhall act as an attorney at law,
attomies. jn fcs own name, or in the name of any other perfon, or be allowed to plead or prac-
tice in any of the courts of this State, during the time he is in fuch office.
Attachment for jr. ^n^ fa jt furtfer enabled, That the fheriff fhall be liable either to an ac-
comempt. ■ ^ ^e — ^ ^ ^ attachment for contempt of court, at the option of the party,
wherever it {hall appear that he hath injured fuch party, either by falfe returns, or
by neglecting to arreft the defendant, or to levy on his property, or to pay over to
the plaintiff or his attorney, the amount of any fales which fhall be made under or by
virtue of any execution, or any monies collected by virtue thereof.
Maybe indid- LI. And be it further enacted, That if any fheriff or his deputy, or under me-
ed. riff, fhall be guilty of extortion or Other mal-practice in the execution of his office,
upon complaint made on oath to the State's attorney or folicitors, it fhall be the duty
of fuch attorney or folicitor to exhibit a bill of indictment againft the perfon fo offend-
ing, who upon conviction thereof fhall be fined by the court in treble the amount
which he may have extorted from any perfon, which fhall be applied, one moiety to
the injured perfon, and the other moiety to the ufe of fuch county, and fliall like-
wife be removed from office, and fuffer fuch other punifhments as the law directs.
When liable to LII. And be it further enabled, Whenever the fheriff of any county within this
™? «rrfinpn" State fhall fail to make a return of all writs, executions and other procefs put into his
&c. hand, or fhall fail or neglect to pay up all monies received on fuch executions on his
being required by the court fo to do, he fhall be liable to an action as for contempt,
and may be fined, imprifoned or removed from office, in the manner prefcribed by
the conftitution.
SPECIAL POWERS of SUPERIOR COURTS.
Superior court LIII. And be it further enabled, That the fuperiot1 courts in the feveral counties,
equity powers. ^^ exercife the p0wers 0f a court of equity, in all cafes where a common law re-
medy
Exceptions.
LAWS OF GEORGIA. 7°7
medy is not adequate, to compel parties in any caufe to difcover on oath, all regui- A'®'6\1"''
fite points neceffary to the inveftigation of truth and juftice, to difcover tranfa&ions 33*
between co-partners and co-executors, to compel diftribution of inteftate eftates, and
payment of legacies, and to difcover fraudulent tranfa&ions for the benefit of credi-
tors, and the proceedings in all fuch cafes mall be by bill, and fuch other proceed-
ings as are ufual in fuch cafes until the fetting down of the caufe for trial, and the
courts (hall order the proceedings in fuch manner, as that the fame (hall be ready for
trial atfurtheft at the third term from the filing fuch bill inclufive, unlefs very fpeckl
caufe be (hewn to induce the court to continue the fame which ftiall not extend to
more than four terms.
' And all fuch bills fliall be read and fanclioned by one of the judges, and a copy
thereof ferved on theoppofite party at lead thirty days before the filing of fuch bill in
court, and the party againft whom fuch bills fliall be filed, fhall appear and anfwer
to the fame at the next court, and if he, (he or they fliall fail to do fo, the fa&s in the
.faid bill fliall be taken pro confejfo, and the court may proceed to decree as to juftice
fnall appertain.
I LIV. And be it further enaeled> That where either party in any caufe in any inferior
court fhall take exceptions to any proceedings on any caufe, affecting the real merits
of fuch caufe, the party making the fame fliall offer fuch exceptions in writing,
which (haH'be-fighed by himfelfy or his attorney, and if the fame fhall be overruled
by the court, it fliall and may be lawful for fuch party on giving twenty days notice to
"to the oppofite party or his attorney, to apply to one of the judges of the fuperior
court, and if fuch judge fhall deem the faid exceptions to be fufficient, he fhall forth-
with iflue zwrivot certiorari dire&ed to the clerk of fuch inferior court, requiring him Certiorari.
to certify and fend up to the next fuperior court to be held in the faid county, all the
proceedings in the faid caufe, and at the term of the fuperior court to which fuch
proceedings fhall be certified, the faid fuperior court fhall determine thereon, and
order the proceedings to be difmiffed, or return the fame to the faid inferior court
with order to proceed in the faid caufe.
IN. And be it further enacled, That the faid fuperior courts fliall have power to ^™r[^
correct errors, and grant new trials, in any caufe depending in any of the faid
fuperior courts, in fuch manner and under fuch rules and regulations a& they may
eftablifh, and according to law, and the ufages and cuftoms of courts.
•' LVI. And be it further enacled, That when a caufe fhall be committed to a fpecial Jtehdaljuror's
jury, the oath to be adminiftered fhall be in the words following to wit : " You fhall
" well" and truly try the caufe now depending between A. B. plaintiff, and C. D. de-
** fendant, and a true verdicl give, according to equity and the opinion you entertain
* of the evidence produced to you, to the belt of your (kill and knowledge, without
" favor or affection' to either party : So help you God" And the fame oath to be admi-
niftered to juries on appeals.
■LVII. And be H further enaBed, That in any cafe which has arifen fince the figning New trials.
of the prefent conftitution, or which may hereafter arife of a verdicl: of a fpecial jury
being given contrary to evidence and the principles of juftice and equity, it fhall and.
may
I
70S DIGEST OF THE
A. D. 1799. may be lawful far the judge prefiding to grant a new trial, before another fpecial jury
No* 633. -n tjie manner-prtfcrjbecl by this act ; Provided, That twenty days notice be, given by
the party applying for fuch new trial to the, adverfe party of his intention and the
grounds of his application. ' And the faid judge fhall in all cafes of application for new
trials, or correction of errors, enter his opinion on the minutes of the court for his
determination on each refpective cafe.
H©w tobe coh- LVIII. And be it further evaded, That all new trials (hall be had by a fpecial jury
to be taken from the grand jury lift of the county, ajid ftruck in the prefence of the
■court, in the following manner : The clerk fhall produce a lift of the original pannel of
grand jurors returned to the term in which fuch trial (hall be, had, from which the
parties or their attorniesfhall alternately ftrike out one, until twelve ihall remain, who
ihall forthwith be empannelled and fv/orn to.try the caufe; and in all cafes the party
applying for fuch new trial fliall ftrike firf t j and in cafe of refufal in either to ftrike,
on the calling the caufe, the judge prefiding fliall order fome officer of the court, or
other perfon to proceed to ftrike the .laid jury in the fame manner as the party refufing
might or could have done. ,.
And it (hall be the duty of allperfons fummoned on the grand jury, ,.t.ovat,tend the
courts for the purpcfe of determining fuch new trials, whether they be fwo.rtf on the
grand jury or not. ,
Judges to meet LIX. And be it further enafted, That the, judges of ,fhe 'fuperipr courts' mail meet at
the feat of government annually on the fecond Monday in January, fefr the purpofe of
forming rules and regulations for the government, or more orderly proceeding in the
faid courts, for determining on fuch points as may be, r;eferved for argument,, and
which may require an uniform deciiion, and to give their . opim^qns'Qnjalheonftijtiutionid
queftions which may be referred to them by the executive, department',', and' the, faid
Perpetuation of judges or any of them fhall have power to perpetuate teftimony.'on,fueh terms and in
y. fuch manner as is ufually practifed in courts.cf equity.
utcg.eSt°10' LX" ^n^ be k farther ena'Red, That die faid judges fliall prefide alternately in each
of the faid circuits or diftricrs. . •.
REPEALING CLAUSE anD PROVISO.'
daufe. LXI. Jndbe it-further enacled> That the act, entitled ". An act to reyife and amend
the judiciary fyftem of this State," palled at Lo uijvi v 7f4 ,on,.the ninth day qf February,
one thoufand feven hundred and ninety feven, from thefirfftp the fixty-tfeventh elaufe,
Frovifo. inclufive, be and the fame is hereby repealed : Provided 'weverthekfi , and be it further
enabled, That the faid recited aft fliall continue in force fo far as relates to proceedings
which originated under it; and that uny perfon or perfons who Jias of have applied fqr
an appeal, from any verdict rendered in any caufe tried fince .the figning of the con-
ftitution, in either of the fuperior or inferior courts of any of the counties in this State,
and offered to pay cofts and give fecurity agreeably to the faid recited act, Ihall be,
and they are hereby declared to be entitled to have fuch appeal entered on the appeal
docket, of the fuperior.court in the county where the fixft trial was had, on pavment
■ of coils and entering fecurity, at any time prior to the firft day of the next 'term in
' cafe
:s
LAWS OF GEORGI A. ^9
safes where the fame has not been done, and it fhall be the duty of the faid fuperior A. D« 1799,
court to call and try the farne before a fpecial jury of the county, in the order it fhall °' ^3«
or may (land on .the docket, in manner pointed out by the faid act*, and all fuits re^
turned in any of the faid courts prior to figning the conftitution, iliall be tried and
appeals (hall be allowed and tried in conformity to the provifions of the faid z&.——And
provided alfo, That nothing herein contained fhall prevent any perfon or perfons afore- Provifo*
faid, from applying for a new trial, if he, fhe or they may think proper, which the
judges or one of them fhall grant, if the fame can be done on proper and legal grounds,
as in cafes avifing under this acl. That no iuftice of the peace fhall fuftain or trv any |u{lice of the
° ■> r .j . ' peace not to try
fatisfaction in damages for any trefpafs on the perfon or property of fuch plaintiff- treipais.
LXII. And be it further enabled, That his excellency the governor, on application Caveats de-
of either party, to a caveat depending before him, fhall have power to iffue commiifions i\,x geversor.
to obtain evidence neceffary for the determination of fuch caveats.
DAVID MERIWETHER, Speaker of the Houfe of Rebreftntatives,
ROBERT WALTON, Prefulcnt of the Senate.
Affented to, February 16, 1 799.
JAMES JACKSON, Governor.
An Ac~i to regulate Attachments in this State. No. 614.
'HEREAS it is juft and proper that provifion fliould be made for the reco- Preamble,
very of debts where the fame cannot be done by the ordinary procefs of
law, therefore,
I. Be it enabled by the fenate and houfe of reprefentatives in general affembly met, and it Attachments.
is hereby enabled by the authority of the fame, That in cafe of non-refidencejor where
both debtor and creditor fhall refide without -the limits of this State, it fhall and may
be lawful for fuch creditor by himfelf, his agent or attorney, to attach the property
both real or perfonal which may be found in the State of fuch debtor, in the fame
manner and under the like reftriclions as are or fhall be ufual in cafe of abfeondin^
debtors, or where the debtor alone refides out of the State.
II. And be it further enabled. That/ it fhall and may be lawful for the . judges of By whom to hi
the fuperior or juftice3 of the inferior court or any one of their., and alfo for any ^what re-""
juftice of the peace, upon complaint made on oath, that his debtor refides out of this ftri&ions.
State, or is actually removing without the limits of this State, or any county, or
abfeonds or conceals himfelf or ftands in defiance of a peace officer, fo that the ordinary
procefs of law cannot be ferved on him, to grant an attachment againft the eftate of
fuch debtor, or fo much'thereof as fhall be of fufficient value to fatisfy the plaintiff's
demand and cofts, which attachment fhall be directed to and ferved by the flieriff of
the county where the gfcpperty may be found, or his deputy or any conftable, and it
fhall be the duty of fucn fheriffhis deputy or any conftable, to ferve and levy the fame
upon the eftate bcthjreal and perfonal, of fuch debtor, wherever the fame may be
founds
■Provifo.
710 DIGEST OF THE
A. D. 1799. found, either in the hands of any perfon indebted to, or having effects of fuch debtor,
. 3+' and fummon fuch perfon or perfons to appear at the next court to be held for the
faid county, and to which the faid attachment may be returnable, there to anfwer on
oath what he is indebted to, or what effects of fuch party he hath in hand, or had at
the time of levying fuch attachment, which being returned executed, the court may
by order compel fuch perfon to appear and anfwer as aforefaid : And where any per-
fon in whofe hands any debt or effect may be attached, fhall deny owing any money
to, or having in his hands any effects of fuch debtor, it fhall be lawful for the plaintiff
to traverfe fuch denial, and thereupon an iiTue fhall be made up, and the fame be tried
by a jury, and if found againft fuch garnishee, he, fhe or they fhall be fubject to pay
the plaintiffs fuch fums as fhall be fo found, and the court fhall order judgment to be
entered thereof againft fuch garnifhee as in other cafes : Provided, That the faid judge,
or juftice of the inferior court or juftice of the peace before granting fuch attach-
ment take fhall bond and fecurity of the party for whom the fame may be granted, in
double the fum to be attached, payable to the defendant, for fatisfying and paying all
^/^* »D cofts, which may be incurred by the defendant in cafe the plaintiff fuing out fuch
t^, attachment fhall difcontinue, or be caft in his fuit, and alfb all damages which maybe
• / & recovered againft the faid plaintiff for fuing out the fame ; which bond fhall be returned
to the court to which fuch attachment may be made returnable, on or before the lafl
day of the term \ and the party entitled to fuch coil and damages may bring fuit and
recover thereon; and every attachment iffued without fuch bond taken, or where no-
bond fhall be returned as aforefaid, is hereby declared to be illegal, and fhall be dif-
miffed with cofts i Provided always, That every attachment which may be iffued as
aforefaid, fhall be att.efted by the judge of the fuperior, or juftice of the inferior court,
or juftice of the peace, iffuing the fame, and be by the fheriff, or perfon authorifed to
ferve the fame, publicly advertifed at the court houfe of the faid county at leaft thirty
days before the fitting of the court; and if any attachment fhall be iffued within
thirty days of the next court, fuch attachment fhall be made returnable to the court
next after the expiration of the faid thirty days and not otherwife ; and all attachr
ments iffued and returned in any other manner than is herein before directed, fhall be
and the fame are declared to be null and. void; and all goods, chatties, lands and
tenements fubjecl: to fuch attachments, fhall be repleviable by appearance and putting
in fpecinl bail, or by the defendants giving bond with good and fufheient fecurity to
the fheriff or other officer ferving the fame., which bond he is hereby empowered to
; take, compelling the defendants to appear at the court to which fuch attachments
fhall be returnable, and to abide by and perform the order and judgment of fuch
Provifp. court : Provided always, That all goods and effects attached and not replevied as
aforefaid, where the fame fhall appear to he of a perifhable nature, on motion of the
plaintiff or his attorney, the court, or. if not in term time, the judge of the fuperior
or any two or more of the juitices of the inferior courty may and are hereby autho-
rized and required to order a fale of fuch perifhable property, and the monies arifing
from fuch fales fhall be depofited in the clerk's office by the fheriff or other officer
felling the fame, to anfwer the^ demands of the plaintiff, (if eftablifhed) and the
balance,,,
Provifo.
LAWS OF GEORGIA. 711
balanc*3, if any, after fatisfying fuch demands and cofts, fhall by order of the laid A. D. 1799.
court be returned to the defendant or his attorney. °" j4'
III. And be it further enafted, Thatfif any attachment {hall be returned executed, Property not
and the property attached fhall not be replevied as aforefaid, the fubfequent proceedings foi^10
thereon, fhall be the fame as an original procefs again ft the body of the defendant,
where there is a default of appearance ; and all fuch goods and chatties, lands and
tenements not replevied, fhall after the plaintiff has eftablifhed his demand, be by
order of the court fold and difpofed of for, and towards the fatisfa£Hon of the plain-
tiff's judgment in like manner as if the fame had been taken under execution; and
where any attachments be returned, ferved in the hands of a third perfon, it fhall be
lawful upon his appearance and examination in the manner heretofore directed, to
enter up judgment as againfl: the original debtor, and award execution againfl fuch
third perfon for the monies due by him to the abfent debtor, and againfl fuch property
or effects as may be in his hands or keeping, belonging to fuch debtor, or fo much
thereof as will be of value fufficient to fatisfy the judgment and cofts thereon.
IV. Ad be it further enacted> Tha/where an abfent debtor hath property lying in ALfent debtor
different counties, the fame fhall be liable to attachment, and an original and copies i^diferenf5"^
fhall iffue for each county where the property may be found, the whole to be return- counties,
able to the court from whence the firft original ifTued.
V. And be it further enafied, That when the third perfons as garnifhees return Garillfllces'
debts due to the abfent debtor, the court fhall order the fame fued for, and when
recovered paid into the clerk's office fubjecY to the order of the court.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentaiiwu
ROBERT WALTON, Prefdent of the Senate.
Affented to, February 7, 1799.
JAMES JACKSON, Governor.
Grand Juror's Oath.*
"~,t7"OU fhall diligently enquire, and true prefentment make of all fuch articles, G,and Juro«
1 matters and things as fhall be given you in charge. And of all other matters
«c as fhall come to your own knowledge, touching this prefent fervice. The (king's)
" State's council, your fellows, and your own, you fhall keep fecret : you fhall pre-
" fent no perfon for hatred or malice ; neither fhall you leave any one unprefented
" for favor, or affetfion, for love or gain, or any hopes thereof ; but in all things you
" fhall prefent the truth, the whole truth, and nothing but the truth, to the beft of
" your knowledge ; So help you God."
* A Guide to the knowledge of the rights and privileges of Englifhmen. p. 106.
APPENDIX.
%
v
APPENDIX.
N°. I.
The Boundary and Territorial Right
OF THE
>tate of Georgia examined
IN attempting to define the limits and deduce the territorial right of the State, in
conformity to our engagement with the public, we have to regret that docu-
ments more definite and Satisfactory are not, at prefent, to be had. In our re-
searches we have been not a little difappointed in difcovering that fcarcely an origi-
nal paper, which can throw light on this fubject, is to be found among the records
of the State. Nothing however, in our power, has been omitted, in collecting evi-
dence, and endeavouring to exhibit a candid and impartial view of thofe important
and litigated points, which, with due deference, we fubmit to the examination and
confederation of the public.
Befides being a frontier State, Subject to the vicifitudes and various fortune of
fuch an expofed Situation, it has been the unhappy lot of Georgia to be embroiled on
the Subject either of boundary or territorial right from the moment of her existence.
Thefe differences commenced with our filler Province, now State of South-Carolina,
and extended to the mother country, were Succeeded by a mifunderftanding with the
court oS Spain, a renewal oS differences with South-Carolina, and now the claim of
the United States. In the midft of thefe, not to mention the embaraffments of our
own government, the fanguinary and destructive warfare, in which we have too of-
ten been involved with Indian tribes, on the fame Subject, has by no means been the
leaft: And, unfortunately for the prefent inhabitants, they appear to be, not without
juft caufe of apprehenfion that a happy termination may yet be protracted to a diftant
period.
Whether thefe calamities have refulted from accident, want of information, or
defign in the ruling powers, or their agents indefignating the original demarkation of
limits would, perhaps, be as difficult to afcertain at this day, as the difcovery would
be unavailing. They have no doubt all in turn contributed. To endeavour to arreft
the evil by removing the caufe has now become the duty of every friend to the peace,
happinefs and proSperity of this country. — Deeply impreffed with this important truth,
4 X we
■
•*
7i4
APPENDIX.
we have been prompted no lefs by inclination than duty to render our mite towards
the accomplifhment of fo defirable an object.
With regard to the claim of the United States. Living under a mild and equal
government of our own choice, by which the rights of all are effectually fecured, this
State has, in our opinion, nothing to fear from tyranny or injuftice. To maintain
our rights, it is neceflary that we fhould underftand them : When known and affert-
ed they will, no doubt, be duly refpected.
In this examination, it is with pleafure, we acknowledge ourfelves to have been great-
ly aided by the abilities and refearches of Mr. Attorney General Lee, Meffrs. Harper,
Morfe and Chalmers. Believing that their valuable labors were intended for the ad-
vancement of public information, we have taken the liberty to infert many of their
obfervations literally, and comment freely on fuch parts as appear to us to be excep-
tionable. The better to inveftigate this fubject, it feems to be neceflary to carry back
our attention, as Mr. Harper obferves, to the fir ft difcovery of North America, and
take a view of the various public acts by which the rights of foil and jurifdiction, to
that part of it where the lands in queftion lie, have been affected from that period
to the prefent time. Such other tranfactions as it may be neceflary to recur to in
other parts of the inveftigation, though they have no immediate relation to this point,
will, for the fake of perfpicuity, be noticed in the order in which they occurred.
It was a principle admitted by all European nations, in the eftablifhment and regulati-
on of their American colonies, that prior difcovery, acompanied by actual occupation,
and, in fome cafes, without it, vefted the right of foil and jurisdiction. Spain thus ac-
quired her extenfive dominions in South America; and by the fame title fhe laid
claim to Florida in the fouthern parts of the North American Continent. England,
alfo, by virtue of difcoveries made under her flag in the reign of Henry VII. claimed
the whole extent of North America from Florida to Hudfon's Bay. The boundary be-
ween her difcoveries and Florida remained for a long time uncertain, and was fre-
quently the fubject of difpute between the two crowns. She claimed, however, as
far fouth as the latitude twenty-nine \ and Spain at length ceded Florida to her, which
put an end to the contention.
England made fettlements, at a very early period, in the northern and middle
parts of this extenfive region, and erected governments which now compofe the States
from Virginia to New-Hampfhire, inclufive. Thefe governments were of two kinds,
royal and proprietary. In the former, the right of foil and jurifdiction remained in
the crown j and their boundaries, though defcribed by its letters patent, were fubject
to alteration at its pleafure: For, as it poffeffed the rights of foil and government, and
delegated them to its governors, during pleafure, it might difpofe of them in what
manner and to whom it thought fit, might alter, extend, or abridge the delegati-
on as its inclination or policy might dictate. In the latter, the proprietary govern-
ments, the right of foil as well as jurifdiction was vefted in the proprietors. Their
charters were in the nature of grants, and their limits being fixed by thefe charters
could not be altered but by their own confent. This diftin&ion is particularly no-
ticed
**"*•-
%
APPENDIX. 715
ticed here, becaufe in the progrefs of the difcuflion it will appear to be of very great
importance.
Molt of the governments were at firft proprietary; but, in procefs of time, the
greater part of them, either by the forfeiture or furrender of the charters, became
royal.
The firft of thefe charters, under which any fettlement took place, was given by
queen Elizabeth to Sir Walter Raleigh in the year 1584*. Like the previous char-
ters from her and Henry VII. to Cabot, Sir Humphrey Gilbert and othersf, it was
merely a commiffion to difcover any countries not occupied by chriftian people, to
take pofleflion of them, and form fettlements under the allegiance of the crown of
England. It alfo prohibited any other perfons from fettling within two hundred
miles of any place where he fhould form a fettlement, " within fix years." Under
this charter he made two fettlements: One fouth of the Chefapeake, compofed of
about one hundred perfons, who arrived in June 1585, and returned to England in
the June following: The other near the mouth of James' River, and confiding of
about the fame number of fettlers, who arrived in the year 1587, and continued
there. In the title of the charter it is faid, that it fhall continue in force for fix
years, and no more; but in the body of it there is no limitation. In the year 1603J,
however, it was forfeited by the attainder of Sir "Walter Raleigh, for treafon, and
the right re-vefted in the crown.
In the year 1606, James I. by letters patent dated April io§, gave permifEon to
two companies to form fettlements on any part of the coaft of North America, be-
tween latitudes 34 and 45. Thefe companies were denominated the firft and fecond
colonies of Virginia: The firft was to make its fettlements between 34 and 41 degrees
of latitude, the fecond between 38 and 45. Neither was to fettle within two hun-
dred miles of any place previoufly fettled by the other. Each was to poffefs all the
lands along the coaft fifty miles in both directions from the place of its firft fettlement,
one hundred miles back into the country, and all the iflands within one hundred
miles of the coaft. A council was appointed for the government of each colony, and
it was provided that all the lands contained within the above mentioned limits ftiould,
on petition to the crown, be granted to fuch perfons as the refpe&ive councils (hould
recommend.
It does not appear that any fuch grants were ever made; but James I. by letters
patent, dated May 23, 1609H, feparated the firft colony from the fecond, and, on the
petition of the perfons compofing it, erected them and a number of others into a cor-
poration under the name of " the treafurer and company of adventurers and planters
*' of the city of London, for the firft colony of Virginia." All the lands along the
coaft, two hundred miles fouth, and an equal diftance north, of Point-Comfort, and
extending weft to the South-Sea, with the iflands within one hundred miles of the
coaft, were granted to this company, commonly called the London company, and
their
• Hazard's Collection, 33. J State Trials, Vol. I. p. 186. || Same Collection, 58.
f Same Collection, 9, II, 04. <j Hazard's Collection, 50.
7i<S APPENDIX.
■•
their fuccefibrs, in fee fimple; in truft however, to be diftributed among fettlers:
And the powers of government were veiled in two councils, one in England, and one
in America.
Point-Comfort being about latitude 36, 30, the limits of this charter muft have
extended fouth to about latitude 33. It is not eafy to determine whether the go-
vernment erected by it ought to be confidered as royal or proprietary; but it has more
the appearance of the former.
On the 12 of March, 1612*, James I. granted another charter to the London
company, which confirms the former and adds to their territories all the iflands with-
in 300 leagues of the lands formerly granted to them, and between the 30, and 41,
degrees of latitude.
The company continued to exercife the powers of government, and difpofe of the
rights of foil, within the limits allotted to them, till about the year 1624, when the
affairs of the colony appearing to be badly conducted, their charters were forfeited
by quo ivarranto\y and the government with all the rights of foil and jurisdiction tak-
en into the hands of the crown. By this refumption Virginia became, if it were not
fo before, a royal government; and its boundaries became liable to abridgement or
alteration at the pleafure of the monarch.
The rights of foil and jurifdittion in all the lands fouth of the Chefapeake, not ac-
tually appropriated being thus re-vefted in the crown, king Charles I. made a grant
to Sir Robert Heath, his attorney general, extending from the 30, to the 36, degree
of latitude north:):, then called Carolina-Florida.
By an extract from a reprefentation of the board of trade to the king of Great
Britain, dated in 1728, it appears " that Carolina was formerly known by the name
of Florida and Carolina-Florida; and that this province was firft difcovered by Sir
Sebaftian Cabot in the year 1497, who, by com miffion from, and at the expenfe of
king Henry VII. difcovered all the coaft of America, from the 56, to the 28, degree
cf northern latitude, about 30 years before any European had vifited the northern
continent of America: And it does not appear that the Spaniards ever attempted any
difcovery of that part of America 'till 1527, under Pamphilio Narvaez, nor any con-
queft 'tUl 1539, when Ferdinando Soto landed upon Florida from the Havannah, and
wandering over a great part of that country in fearch of mines, which he could not
find, died of grief in 1542, and fuch of his name as were left alive returned again to
the Havannah, without making any fettlement on the continent."
In the fame reprefentation § are cited three grants, "one by Charles Lin the 5th
year of his reign, to Sir Robert Heath of Carolina-Florida, of the lands lying from
the river Matheo in the 30 degree, to the river Paffa Magna in 36 degrees of northern
latitude :" But whether this grant was afterwards furrendered, or became vacant and
obfolete by non-ufer or in what other manner does not appear. The other two by
Charles II. to the lords proprietors of Carolina comprehends the fame country, with
fome fmall difference in the boundaries. Fort King George on the Alatamaha, within
the
* Same Collection, 72, f Hazard's Collection, 83, 89. f Atto. Gen. report, 28. § See Document No. 2.
APPENDIX. 717
the bounds of each, is here dated to be claimed and contefted by Spain. The firft of
the laft mentioned grants, to lord Clarendon and others, bearing date 24th March,
1662, comprehends " all that territory or tract of ground fituate, lying and being
•within his faid majefty's dominions in America extending from the north end of the
ifland called Lucka ifland which lieth in the northern Virginia feas, and within fix
and thirty degrees of northern latitude, and to the weft as far as the South feas, and fo
foutherly as far as the river St. Matthias, which bordereth upon the cqafts of Florida
and within one and thirty degrees of northern latitude, and fo within a direct line as
far as the fouth feas aforefaid." The country contained within thefe boundaries, was
erected by the charter into a province under the name of " Carolina." Extenfive
immunities were conferred on fettlers, and the rights of foil and government were
vefted in the proprietors in fee fimple*. The other grant or charter from Charles II.
dated June 30, 1S64, confirmed the former grant to the proprietors, and extends its
limits from latitude 36, 30, to latitude 29 inclufive, and from thofe points due weft to
the fouth fea.
In the year 1670, by the feventh article of the treaty f of that year between Eng-
land and Spain it is ftipulated " that the king of Great Britain fhall remain in poffeffion
of what he then poffefled in the Weft Indies and America. Prior to this period nothing
is known to have been done to fettle the pretentions of thofe crowns relative to America,
and at this time the principal colonies of Great Britain were fettled. In this fituation
the boundaries of the territories of thofe nations in America, remained 'till the peace
of 1763, during which time they were the fubjedt of many difputes, which were not
adjufted 'till the ceffion of Florida in that year to the king of Great Britain.
On the 25th of July, 1726, the lords proprietors by deed duly executed, furren-
dered to the crown all their rights under thofe charters^, lord Carteret alone, one of
the number, retained his fhare, and it was afterwards feparately allotted to him in the
northern parts of the province. The furrenderwas accepted and confirmed by act of
parliament, and by virtue of it Carolina became a royal government. It was afterwards
divided into two provinces, called North and South-Carolina, by a line beginning at the
north end of Long Bay, and running thence north-weft to the latitude 35, and thence
due weft to the South fea : lord Carteret, better known by the name of lord Granville,
had his part laid off in North-Carolina.
George II. by letters patent bearing date on the 9th of June, 1732H, erected lord
Percival, James Oglethorpe and others, into a corporation under the title of the
" Truftees for eftablifhing the colony of Georgia in America," and granted to them
and their fucceflbrs, in truft for future fettlers, all thofe lands countries and territories
fituate, lying and being in that part of South-Carolina in America, which lies from the
northern ftream of a river, there commonly called trie Savannah, all along the fea
coaft to the fouthward unto the moft fouthern ftream of a certain other great water
or river called the Alatamaha, and weftward from the heads of the faid rivers refpec-
tively, in direct lines to the South feas. This country was erected into a province
called
* Attor. gen. report, 47. \ Attor. gen. report, 44. 72.
f See document No. 3. |j See documents No. 4, 5, 6, 7, 8.
7i8 A P P E N D I X.
called " Georgia," and power was given to the truflees for twenty-one years to frame
laws and regulations for its government} after which all the rights of foil and jurif-
. diction were to veft in the crown.
Under this charter Oglethorpe took pofTeffion of the country for the truflees, and
made feveral fettlements: and in the ^year 1752, the truflees by deed duly executed,
furrendered * their charter to the crown, Georgia therefrom became a royal
government. .
By the treaty f of Paris in 1 763, Spain ceded to Great Britain, Florida, Penfacola,
and, in general, all that fhe held in North America eafl and fouth-eafl of the river
MifTiffippi; and a line drawn from that river from its fource to the fea, was eflablifhed
as the weflern boundary of the Britifh dominions.
Soon after this ceffion the Britifh government, by a proclamation J for the regu-
lation of its colonies, bearing date October 7, 1763, erected Florida into two govern-
ments called Eafl and Weft Florida. They were divided from each other by the Ape-
lachicola river ; and the latter was bounded by the gulph of Mexico on the fouth, on
the weft by lakes Pontchartrain and Maurepas and the river Miffiffippi, and on the
north by a line drawn from that part of the river MifTiffippi which is interfered by
latitude 31, due eafl to. the Apelachicola. The northern boundary of Eafl Florida was
a line drawn from the confluence of theChatahouchee and Flint rivers, where theyfcrm
the Apelachicola, to the head of the St. Mary's, and down it to the fea.
Difputes in the mean time having arifen between the governments of South<-Carolina
and Georgia, about the lands, lying between the Alatamaha and St. Mary's, they were,
by this proclamation, § annexed to Georgia, whofe fouthern boundary, ftretching
only to the Alatamaha by its original charter, was thus extended to the river St.
Mary's.
The proclamation alfo contains a claufe, *' Referving under the fovereignty, pro-
tection and dominion of the crown, for the ufe of the Indians, all the lands and ter-
ritories not included within the limits of the governments thereby erected, or within
the limits of the territory granted to the Hudfon's Bay company; as alfo all the lands
and territories lying to the weft ward of the fources of the rivers which fall into the
fea from the weft and, north- weft," and as Mr. Harper juflly obferves, it forbids the
governors of all the colonies to grant warrants of furvey, or pafs patents, for any lands
beyond the heads of thefe rivers, 'till the further pleafure of the crown fhall be known:
But neither himfelf or the attorney general of the United States appear to have had
any information of rhe fecond commiffion || and letters patent granted to Sir James
Wright, governor of Georgia, foon after the extenfion of its fouthern boundary. By
this document, dated the 20th of January, 1764, the further pleafure of the crown, is
known, and this colony of Georgia in America is declared to be " bounded on the
north by the moft northern flream of a river there commonly called Savannah, as far
as the head of the faid river ; and from thence weflward as far as our territories
extend j on the eafl by the fea coaft from the faid river Savannah to the moft fouthern
flream
* See documents No. 10,. 11. $ See documents No. 13, 14, 15, 16. || See document No. 16.
f See document No. ia. § See document No, 14.
APPENDIX. 719
ftream of a certain other river called St. Mary, including all ifiands within twenty-
leagues of the coafl lying between the faid river Savannah and St. Mary as far as the
head thereof ; and from- thence weftward as far as our territories extend by the north
boundary line of our provinces of Eaft and Weft Florida."
The fouthern boundary of Georgia, here appears to be eftabiifhed, " from that part
of the river Miffiffippi which lies in 31, degrees north latitude, due eaft to the river
Apelachicola or Chatahouchee," being the north boundary of Weft Florida ; ." thence
to the junction of Chatahouchee and Flint rivers, thence by a line drawn to the head
or fource of the mod fouthern ftream of St. Mary's river, and by the courfe of the
faid river to the Atlantic ocean," being the north boundary of Eaft Florida : And, it
would feem that her title was there clearly and completely fettled, as well to the lands
lying ^ue/iiuard of the heads of the rivers Alatamaha and St. Mary's as between thofe
rivers, without the aid of any relinquifhment of claims on the part of South-Carolina.
When the firft Britifh governor took poffeffion of Weft Florida, he found its limits
to the north fo contracted as to cut him off from the moft fertile and healthy lands, ,
and even to exclude from his province fome very considerable fettlements, which had
been formed under it, and made part of it, while fubject to the Spanifh government.
He made a representation of thefe circumftances to the crown. It was referred to
the board of trade and plantations ; and by their advice, Mr. Harper obferves, the
province was extended to the north, V By a line from the mouth of the Yazoo river, .
where it unites with the Miffiffippi, -due eaft to the Apelachicola." This extenfion, .
he fays, took place before the year 1770, and was not made by proclamation but by
inftructions to the governor, of that province, and their commiffion: And that they
went on to exercife jurifdiction and grant lands in the country thus annexed to their
government, till it was ceded to the United States by Great Britian, at the peace of
1783. At the fame time he remarks, that no inftructions or commiffions are to be
found, except the inftructions * to governor Chefter.
When the Britifh colonies, including South-Carolina and Georgia, diffolved their
connection with the mother country in the year 1776, and erected themfelves into
independent States, they agreed that each fhould hold by its former limits; that
each State fhould poffefs the fame extent of territory that belonged to it while a co-
lony. Thisindeed was not readily confented to : For as the limits of feveral colonies, ,
as MaffachufettSj Connecticut, New-York, Pennfylvania, Virginia, North-Carolina,
South-Carolina and Georgia, included a great extent of unfettled country, while
others, as New-Hampfhire, Rhode-Ifland, New- Jerfey, Delaware and Maryland, pof- -
feffed little or none, the latter contended that thefe unfettled lands fhould be confider- -
ed as a common property among all the States, and appropriated for their mutual
benefit; and fome of them, particularly Maryland, refufed to accede to the union, ,
until fome of thofe States which poffeffed the moft extenfive limits, fhould relinquifh
a part of their claims for this purpofe. This was at length done ; Maffachufetts, .
Connecticut, New- York and Virginia, made relinquifhments, retaining however
very confiderable portions of the land in question. The articles of confederation were
then
* See document No. 30..
I
■
72o APPENDIX.
then ratified, leaving all thofe States which had made no relinquishment in the quiet
poffeffion of the whole territory comprifed within their ancient limits. Of this num-
ber was Georgia; which was fo far from relinquifhing, that on February 7, 1783,
fhe paffed an act*' afferting, that her jurisdiction and right of foil extended over all
the country between the Miffiffippi, the Atlantic, the fouthern boundary of the United
States as established by the treaty f of peace, and the fouthern boundary of the
Carolinas.
By another aclj paffed February 7, 1785, fhe proceeded to exercife the rights
which he had thus afferted. It was thereby enacted, " That all the country contained
within a line to' be drawn down the Miffiffippi from where it receives the Yazoo, till
it interfects the 31ft degree of north latitude, then due eaft as far as the lands might
be found to reach which had at any time been relinquifhed by the Indians, then along
the line of relinquishment to the river Yazoo, and down it to its mouth, fhould be
erected into a county called Bourbon, and that when the land office fhould be opened,
all perfons previoufly fettled there fhould have the right of pre-emption, &c. This
meafure was deemed the more neceffary on account of the treaty § between Great
Britain and Spain, in 1783, which was found to have been ligned on the fame day as
that with the United States, and by which Great Britain had ceded the Floridas to
Spain, without defining their limits.
Under this act, commonly called the Bourbon county aft, no fettlements were
ever made. The relinquishment of land which is fpoken of in it took place at Mo-
bile, in May, 1777, by virtue of a treaty |] between the Choctaw nation, to whom
that country then belonged, and the Britifh fuperintendant of Indian affairs, and was
confirmed by the treaty between thofe Indians and the United States, held at Hope-
well, on the 3d of January, 1786. It extended from the mouth of the Yazoo no
miles f down the Miffiffippi ; at the upper end it was 15, at the lower 60 miles broad.
About the fame time a difpute arofe between the States of South-Carolina and
Georgia, reSpecting their boundaries. South-Carolina contended that as the original
boundaries of Georgia were the rivers Savannah and Alatamaha, and lines drawn due
weft from their fources to the Miffiffippi, all the land lying fouth of the Alatamaha
and of a line drawn due weft from its fource to the Miffiffippi, as far as to the north-
ern boundary of the Floridas, continued to be a part of the province of South-Carolina,
out of which Georgia was taken : And that v/hen the Britifh crown, by its proclama-
tion of October 7, 1763, annexed to Georgia, all the lands lying between the rivers
Alatamaha and St. Mary's it meant only the lands actually between thofe rivers below
their fources, and not fuch as lay above thofe fources, and between lines drawn from
them refpectively weft to the Miffiffippi ; which tract of country, of courfe, even after
the proclamation, ftill continued a part of South-Carolina. Georgia, on the contrary,
maintained, that when the proclamation annexed to its government all the lands lying
between the rivers Alatamaha and St. Mary's it meant to include not merely the tract
of country which lay between thofe rivers, below their fources, but alfo the whole
territory
A
* See Digeft, p. 264. \ See documents No. 2a. 24. j| See document No, 40.
f See Digeft, p. 304. \ See document, No. 25. \ See document N°. a.
■
A P P E N D I X, 7**
territory held by the Britifh crown, between the northern boundaries of the Floridaa,
as eftablifhed by the fame proclamation, and the ancient fouthern line of Georgia.
This difpute was referred* to congrefs under the articles of confederation by a petition
from South-Carolina. A court was appointed, and a day fixed for hearing between
the two States. But they afterwards agreed to withdraw the petition and fettle the
matter by negociation. Their commifSoners met at Beaufort in South Carolina for
thispurpofe, and on the 24th of April, 1787, agreed on a conventionf by which that
State relinquifhed the claim. On the 29th of February, 1788, this convention was
ratified by an act of the legislature. It had previoufly been laid before congrefs and
filed among the official papers of the United States.
Through the whole courfe of this inveftigation, the before mentioned commiffion
to governor Wright, feems alfo to have been overlooked, or in fome unaccountable
manner difregard. Still it appears by the diflentf of one of the commiffioners,
Mr. Houftoun, that he was of opinion, even from the documents defore them (and
it is prefumed they had not that commiffion) " that the pretentions of South Carolina
to the fouthern country were fo flender that the right of Georgia to thofe lands was
neither ftrengthened or weakened" by the convention at Beaufort. He appears to
have been perfectly fatisfied with the title of Georgia, and to have been alfo of opinion
that the lands lying between the forks of Tugaloo and Keonee, then belonged to this
State. Thefe opinions are faid to have been aided by the uniform underftanding of
the people and government of Georgia, and the government of great Britain, until
that period.
While we have no wifh to ftir the fubje£r. matter of that convention, fo as to wound
the feelings of any of the parties concerned, or to revive in the flighted degree, any
mifunderftanding with our filler State, yet candor conftrains us to lay before the pub-
lic fuch documents as have come within our view. It is therefore deemed not
improper to add an extract of Mr. Chalmers' communication from the office of trade
to the attorney general of the United States, dated at Whitehall 25 th September 179)5.
" There are no documents which can fhew the heads of the river Alatamaha and
the Savannah, to be other than what the charter and commiffions make them to be 5
as I have already fhewn : Every document proves, that the heads of thofe rivers
were not at the fork of the Alatamaha, where the Oconee and Ocmulgee meet, nor
at the junction of the Tugaloo and Keowee; but at the head of the northern ftream
of the one, and the head of the fouthern ftream of the other."
There are no maps which had belonged to the truftees of Georgia, in the collections
of the board of trade. It was never confidered by the Britifh government, that the
country annexed to Georgia, in 1763, was bounded on the weft by a line drawn from
the fource of the St. Mary's river to the junction of the Oconee and Ocmulgee : On
the contrary the Britifh government confidered the fouth boundary of Georgia to be
the north boundary of the two Floridas as far as the Miffiffippi. The Britifh geographers
have always formed the boundaries of Georgia on this principle of extending it weft-
4 Y . ward
* Journals of congrefs. -j> See document No. e6. $ Filed of record in the fecretary of the State's office.
•
*
j** APPENDIX.
ward to the river Miffifuppi. There was a boundary line run, and eftablifhed, in
1769, between Georgia and the Creek Indians, which, palling in a northern direction
acrofs the frontiers cf Georgia, has induced fome of the map makei's to draw a lins
in the fame northern direction; and which has fometiaies been miftaken for the weft-
cm boundary of Georgia. There is a map of the creek line before mentioned among
the papers of the board of trade; but it does not apply to the queftion.''
Mr. Chalmers feems to be clearly of the fame opinion with Mr. Houfton both as to
the lands lying weftward of the rivers Alatamaha and St. Mary's and thofe between
Tugaloo and Keowee : But it is fomewhat furprifmg that he too has overlooked both
the fir ft and fecond commiilion to governor Wright. This furprife is indeed height-,
ened when it is found that he has furnifhed the attorney general with extracts of fundry
commiffions as well to the governors of South Carolina as the former governors o£
Georgia and both the Floridas. From a clofe examination of the extent and dates of
thefe commiffions much ufeful information may be derived. It will hence particularly
be found that on the extenfkm of the fouthern boundary of Georgia the former com~
rniffion to governor Wright was revoked fo far as related to " limits and bounds;" and
a new commiffion granted on the 20th of January 1764, fpecially defignating the
boundary as extended " by the north boundary line of Eaft and Weft Florida*"
The quell ion now is, whether the north boundary of Weft Florida has actually been
extended fince January 1764; and if extended, whether under ail the circumftances, the
]ands lying between the vibrations of that line belong to the United States or Georgia.
It is ftated by Mr. Chalmers that the boundary of " Weft Florida was not only
extended northward to the 3 1 degree, in 1763, but in 1764 to 32 degrees and 39
minutes." In this he certainly miftakes. From the evidence furnilhed by himfelf it
appears, that in March 1764, an application was made to the crown, through the
board of trade*, for an cxtenfion of that boundary ; but, it likewife appears, by an ex-
tract of a commilhonf to governor Elliott, of Weft Florida, dated in July 1767, that
its boundary had not then been extended. Mr. Harper ftates that " it was extended
to the north before the year 1 770." In. fupport of this obfervation, the only document
adduced is an extract from the mftructions to. governor Chefter, who fucceeded Elliott
in 1770, in which* an extenfion is ftated to have been made.
In the attorney general's report to congrefs is to be found the following remarkable
note from judge Hendleton of Georgia, refpecting the north boundary of Florida. " It
" appears, fays Mr. Pendleton, by what has tranfpired of the negociations between the
" United States and Spain, that our commiffipners, as.welJ as thofe of Great Britain,,
" at the treaty of $783, took the boundaries- of Eaft and Weft Florida, as laid down
u in the proclamation of the king of England, dated. the 7th of October 1763, to have
f* been the true- boundary of thofe provinces when they were finally confirmed to
u- Spain in 1783. Mr,. JefFerfon, I underftand, after all his enquiries on the fubjectj.
" takes the proclamation as the foundation of our. right to extend to the latitude of
"31 north. AH our writers, on that fubject,. that I have feen, and all our maps,
a ft.ate 31 as our fouthern boundary, from the fame authority. The fact- is.s.
" that
-
* See document No, 1.8. •)• See document No. 19,
A P P E N D I X.- 723
" that this remained but a fhort time the northern boundary of Well Florida. In the
" beginning of the year 1764, governor Johnftone, the firft BritiOi governor of that
** province, obtained an extenfion of its northern boundary, and a new commiflion
** was fent him. On the firft of November 1764, governor Johnftone pubiifued, by
" proclamation his inftr actions for fettling the province, in which he'defcribes the
" northern boundary cf Weft-Florida to be " a line drawn clue eaft from the confiu-
*< ence of the Miffiffippi and the river Yazous, which lies in thirty -four degrees north
" latitude, to the river Apelachicola or Chatahouchee." The commiffions of governor
fl Elliott who fucceeded Johnftone, and Chefter who fucceeded Elliott, all fixed on
<* the fame boundaries, and they granted near 1,000,000 of acres of the lands lying
" north of the latitude 31, to individuals. It feems probable, that neither Mr.
M Jefferfon, nor the Spanifh minifters were apprifed of this extenfion of the bounda-
" ries of Weft Florida, but have taken them to be as they were by the proclamation
" of 1763."
On this extraordinary note, the attorney general remarks, " that Mr. Pendleton
has not fent any documents to fupport his aflertions." At the time of writing it lie
appears, indeed, to have been ftrangely mis-informed, or to have had very little infor-
mation on the fubject. which he attempts to elucidate. He fays, " In the beginning of
the year 1764, governor Johnftone the firft Britilh governor of that province obtained
an extenfion of its northern boundary and a new commiflion was fent him." On the
contrary, it appears by governor Johnftone's firft and only commiflion* dated the
I of November 1764, that it had not been extended, in the latter part of that year.
By this commiflion, the former boundary of Florida is confirmed.
Mr. Pendleton adds, " that die commiffions of governor Elliott who fucceeded
Johnftone, and Chefter who fucceeded Elliott all fixed on the fame boundaries, as
extended." Not having been able to obtain a fight of more than one of thofe com-
miffions, that to governor Elliott dated in 1767, we can only remark that in the
extract reported by the attorney general, no fuch fa£r, appears.
The attorney general finally obferves, " that no document has come to his hands
by which the extenfion of Weft Florida appears to have been made, conformably to
the fuggeftion of the board of trade ; and perhaps this may be deemed a matter c£
further enquiry, unlefs the declaration of George Chalmers be fo confidered."
It is to be remembered that in the various alterations made in the boundary of the
Britilh provinces, it was the uniform practice of the crown, to abridge or enlarge the
extent of the governor's commiffions accordingly, by revoking them and iffuing new
ones, either expreffive of the alterations made, or in general terms.
It does not appear that governor Wright's fecond commiflion was ever revoked or
altered in any refpedl : This affords a ftrong prefumption, at leaft, if not conclufive
evidence, that the north boundary of Florida was never extended by any folemn act
of the crown, in conformity to the recommendation of the board of trade.
In 1787 congrefs recommended f a ceffion of the territory in queftion, to the
United States. — In 1788 a ceffion was accordingly propofed} by this State ; and in
1789
«
• See document No. 17. f See document No. 27. - % See digeft p. 383,
724 A F P E N D I X
1789 cougrefs rejected* the propofed ceffion, not on account of the ground of
claim, but on account of the terms.
On the 7th December 17931 a reprefentation was preferred to the court of Spain f
on the part of the government of the United States, in which their difpute with that
power refpe&ing boundary, was ftated, and their claim fupported. This reprefen-
tation infifts on latitude 31, as the fouthern boundary of Georgia and refts their title
to the difputed territory which lies above that latitude, entirely on the right of this
State. Indeed it is of importance to remark here, that in the whole progrefs| of this
difpute, which being definitely fettled by the late treaty § between the United States
and Spain, need not now be difcuffed. Our government held up the right of the
State of Georgia to the territory above latitude 31., as altogether indifputable, and
made that right the fole foundation of its own pretenfions.
Thence it appears that the State of Georgia is bounded by the Atlantic ocean on
the eaft, by the two Floridas on the fouth, by the Miffiffippi on the weft, and by
Carolina on the north.
From this view of the fubject we do not hefitate to advance, as our opinion, that
v.'hether the north boundary of Weft Florida was ever extended or not, the govern-
ment of the United States can have no juft claim to any lands lying between the
northern boundary of this State and the thirty-firft degree of north latitude j the.
northernmoft part of that degree being the fettled northern boundary of Weft Florida.
This opinion, however, refulting from our own reflection, upon a complicated mafs of
facts, which remain to be inveftigated by the government itfelf, is prefented with
much defference to the candid and impartial ; without any view of derogating from
the credit of the learned and refpectable perfons with whom we have prefumed to differ3
or of prefcribing to thofe who will take the trouble to enquire for themfelves.
* See document No. 30. \ See documents No. 31, 32,
■J- See document No. 30. § See document No, 33.
N°. II.
A reprefentation from the Board of 'Trade , to the King of Great Bri~
tain, in uohich are cited three Grants or Charters of Carolina— -the
firfi by Charles the Firf to Sir Robert Heath ; and the other tivo
by Charles the Second to the Lords Proprietors, dated in 1662 and
1664; the lafl extends the Southern Boundary to latitude 29.
To the Kings moft Excellent Majefty.
MAY IT PLEASE TOUR MAJESTY.
IN obedience to your majefty's commands, fignified to us by his grace the duke of
Newcastle's letter of the 9th of the laft month, directing us to lay before your
majefty a ftate of the poffeffions of your majefty, and your fubjects in America, which
1 are
■
APPENDIX. 725
are difputedby the king of Spain, particularly thofe of fort King George on the bor-
ders of South Carolina, of the ifland of Providence, and the reft of the Bahama iflands;
and of the fettlement your majefty's fubjects have in the Bay of Campeachy, as alio
the complaints upon which redrefs has not yet been obtained, of injuries dene by the
Spaniards to your majefty's fubjedls in America, or trading thither as the feizing of
fhips and effects by the guarda coftas, and other depredations and acts of violence
and injuftice committed on the part of Spain, and the damage fuftained thereby; we
take leave to reprefent to your majefty,
That Carolina was formerly known by the names of Florida and Carolina Florida-;
this province was firft difcOvered by Sir Sebaftian Cabot, in the year 1497, whoby
commiffion from, and at the expence of king Henry Vllth, difcovered all the coaft
of America, from the 56th to the 28th degrees of northern latitude, about 30 years
before, any other Europeans had vifited the northern continent of America : And it
does not appear that ever the Spaniards attempted any difcovery of that part of America,
till 1527, under Phamphilio Narvaez, nor any conqueft till 1539, when Ferdinando
Soto landed upon Florida from the Havanna, and wandering over a great part of that
country in fearch of mines which he could not find, died of grief in May 1542, and
fuch of his men as were left alive, returned again to the Fluvanna, without making
any fettlement on that continent.
The firft grant that we find of this country by your majefty's royal predeceffors
was by king Charles the I. in the 5th year of his reign, to Sir Robert Heath, his
attorney general; in that patent it is called Carolina Florida, and the boundaries fixed
for it, are from the river Matheo in the 30th degree, to the river Paffa Magna in the
36th degree of northern latitude.
We have good reafon to believe, that pofieffion of this country, was taken under
the faid patent, and large fums of money expended by the proprietor and thofe claim-
ing under him in making fettlements there; but whether this grant was afterwards
furrendered, or whether the fame became vacant, and obfolete by non-ufer or other-
wife, king Charles the II. made two other grants of the fame country, with fom'e
fmall difference in the boundaries, to the lords proprietors of Carolina.
The laft of thefe grants bears date the 30th day of June, in the 17th year of king
Charles the II. reign, and gives to the lords proprietors all that part of North America
which lies between the 36th and 29th degrees of northern latitude.
Fort King George upon the river Alatamaha, now complained of by the Spaniards,
lies within the bounds of both the abovementioned grants, to Sir Robert Heath, and
to the lords proprietors, who have made and continued many flourifhing fettlements in
Carolina, whereas it is notorioufly known that the Spaniards have never maintained or
kept poffeflion of any in thofe parts except St. Auguftine; and your rnajefty might
with as much reafon conteft their title to the fettlement, as they difpute your majefty's
right to fort King George, which was neither fettled by the Spaniards, nor any other
European nation, when your majefty's troops firft took poffeffion of that place whereon
that fort was afterwards erected.
This
726 APPENDIX
This is not the firft time that difputes have arifen between the crowns of great
Britain and Spain, concerning their refpetlive dominions in America: But to prevent
all contefts of this fort in times to come, a treaty was concluded at Madrid, in the
year 1670, by the 7th article of which treaty, it was exprefsly agreed between the
then king's of Spain and great Britain, that the king of great Britain, and his heirs
fhould hold and enjoy forever all thofe lands and places in any part of America, which
the faid king of great Britain or his fubjecls then held or pofieffed, which treaty is
fubfequent to the two grants to Sir Robert Heath and the lords proprietors of Carolina,
and to the making of feveral fettlements under both the faid patents; it is therefore
matter of furprife that the Spaniards fhould now pretend a title to a part of the pro-
vince which they have fo long ago given up by the faid treaty which hath been con-
firmed by many fubfequent treaties between the two crowns.
Office for trade, Whitehall the
14th September 1795.
I hereby certify that the before written paper is an extratl: of a reprefentation
from the board of trade to the king, copied from the trade entry. N.
page 347.
GEORGE CHALMERS.
No. III.
An extracl from the treaty of peace between England and Spain, in
1670, relative to their pojjejjtons in America.
EVENTH, all offences, damages, lofFes, injuries, which the nations and peo-
ple of great Britain and Spain have at any time, heretofore, upon what caufe
or pretext foever, fuffered by each other in America, fhall be expunged out of re-
membrance and buried in oblivion, as if no fuch thing had ever paft.
Moreover, it is agreed, that the mod ferene king of great Britain, his heirs and
fucceflbrs, mall have, hold, keep and enjoy for ever, with plenary right of fovereignty
dominion, poffeffion and propriety, all thofe lands, regions, iflands, colonies, and
places whatfoever, being or fituated in the Weft Indies, or in any part of America,
which the faid king of great Britain and his fubjec"ts do at prefent hold and poflefsj.
fo as that in regard thereof, or upon any colour or pretence whatfoever, nothing
more may or ought to be urged, nor any queftion or controverfy be ever moved con-
cerning the fame hereafter.
A true copy,
CHARLES LEE.
N°. IV.
w
A.
APPENDIX. 737
No. IV.
An extracl of a commij/ion to governor Johnjlone of Carolina,
in 1729.
ND we do likewife give and grant unto you full power and authority, by and
with the advice and confent of our faid council, to fettle and agree with the
inhabitants of our faid province for fuch lands, tenements and hereditaments, as now
are or hereafter (hall be in our power to difpofe of, and them to grant to any perfon
or perfons upon fuch terms and under fuch moderate quit rents, fervices and acknow-
ledgments, to be thereupon referved unto us, as you, by the advice aforefaid, fhall
think fit; which faid grants are to pafs and to be fealed by our public feai of our faid
province, and being entered upon record by fuch officer or officers as are or fhall be
appointed thereunto, fhall be good and efFe&ual in law, againll us, our heirs and
fuccefibrs.
Office for trade, Whitehall)
Sept. 25 th, 1795.
I hereby certify that the above written paper is an extracl: from the commiflion
to Robert Johnftone, Efq. governor of Carolina, copied from the Carolina
entry. A. p. 265.
GEORGE CHALMERS.
N°. V.
A report to the Lords of the Committee of Council, upon J he petition of
Lord Per rival, James Oglethorpe and others, about eflablifh-
ing a Colony in South Carolina, in 1730.
To the Right Honorable the Lords of the Committee of his Majefly's
moft Honorable Privy Council.
My Lords,
"\70UR lordfhips having been pleafed to refer to us the petition of the right
j[ honorable the lord vifcount Percival, the honorable Edward Digby, the honor-
able George Carpenter, James Oglethorpe, Efq. and feveral others whofe names
are thereto fubfcribed, fetting forth that the cities of London and Weftminfter, and
parts adjacent, do abound with great numbers of indigent perfons who are reduced'
to fuch neceffity as to become burthenfome to the public, and who would be willing
to feek a livelihood in any of his majefty's plantations in America, if they were pro-
vided with a paflage and means of fettling there ; and humbly propofing to undertake
the trouble and charge of tranfporting all fuch poor perfons and families, provided
they
7;3 A P P E N D I &
they may obtain a grant of lands in South Carolina for that purpofe, together with
fuch puwers as .(hall enable them to contract with perions inclinable to fettle there,
and to receive the charitable contributions and benefaclions of all fuch perfons as are
willing to encourage fo good a defign. We have confidered the feveral particulars
therein contained, and having difcourfed with the petitioners thereupon, we have
received certain propofals from them relating to the fubjeft matter of their petition,
whereupon we take leave to reprefent to your lordfhips.
That as the petitioners defign appears to us to be a very laudable one in every refpe&,
and may if happily executed, produce many good efFecls to. the public, we think it
« may deferve due encouragement, and are humbly of opinion that it may be proper for
his majefty to grairt them all reasonable powers for the promoting and carrying on fo
<rood a work, and therefore we would propofe to your lordfhips.—
° That his majefty may be gracioufly pleafed to incorporate the petitioners according
to the prayer of their petition as a charitable fociety by the name of the corporation for
the purpofe of eftablifhing charitable colonies in America, with perpetual fucceftion.
That they may be empowered to purchafe lands of inheritance in great Britanvto
the value of £1000 per annum, and eftates for lives or years, and goods and chatties
to any value; and to receive and take by grant, gift, purchafe or otherwife any lands
in America, with power to make reafonable by laws, not repugn,nt to the laws or
great Britain, for the government of their corporation ; together with all other dailies
ufual and neceffary for fuch a corporation ; and to give an annual account of all monies
or erTefts by them received or expended for the carrying on this charity in the high
court of chancery. _ ,
And as a further encouragement to this defign, we are of op.nion his majeity may
be gracioufly pleafed to grant to the petitioners and to their fucceffors forever, all that
traft of land in his province of South Carolina lying between the rivers Savannah and
Alatamahato be bounded by the maft navigable and largeft branches of the Savannah
and the moft foutherly branch of the Alatamaha, with iflands in the fea lying oppofite
to the faid land, referving to his majefty, his heirs and fucceffors a quit rent at the rate
of four {hillings proclamation money, for every hundred acres contained m the faid tract
which fhall be leafed or granted out by the corporation to their under tenants, or taken
up, fettled or improved by them or their agents, the faid quit rent not to commence
or be paid till ten years after fuch leafes, fettlements, takings" up or improvements
T £ f D C Ci 1 V £ 1 V •
And that his majefty may always be duly informed of what quantities of land are
granted, taken up, fettled, or improved by the faid corporation, that a conftant regi-
ster (hall be kept by their officers of all fuch leafes, grants, takings up, fettlements and
improvements ; and authentic tranferipts thereof annually tranfmitted to his majefty 8
auditor of the plantations or his deputy in South Carolina, and alfo to his majefty s
land furveyor in that province, referving to the faid furveyor in his majefty s behalf, a
right of infpe-aing the lands fo leafed, granted, taken up, improved or fettled, to
prevent any abufes with refpea to the quit rents hereby intended to be referved upon
fuch lands. ».
APPENDIX. 729
And whereas it Is the defire cf the petitioners, that the tra£t of land by them peti-
tioned for, which is at prefent entirely uninhabited, except by fome few Indian families
may be feparated from the province of South Carolina, and be made a colony indepen-
dant thereof with refpec"t to their laws, government and economy, both civil and
military, fave only in the command of their militia, which is to remain with his
majefty's governor of South Carolina for the time being, v/e are humbly of opinion
that his majefty may be gracioufly pleafed to indulge them in this particular likewife,
faving always the dominion of the crown, and the dependance which every Britifh
colony ought to have on his majefty, and for this purpofe we would humbly propofe,,
that the corporation may have the liberty from time to time to lay before his majefty,
lifts of all fuch officers, both civil and military, as (hall be thought necefTary by them
for the fupport, conduct and government of their intended colony, and which arc
ufually appointed by commiffions from his majefty, or from his majefty's governors
in other colonies in America; and that when his majefty (hall have approved of fuch
officer by his order in council the corporation may be empowered to give them com-
miffions under the common feal.
And as it will be neceffary that there mould be power of makinglaws for the govern-
ment of this colony, we would propofe that his majefty may empower the Corporati-
on from time to time to prepare laws for that purpofe, to be laid before the king in
council, and if not difproved by his majefty in 30 days, that they may be lent over
and be in full force until the king fhall think fit to fignify his difallowance of them.
And as in procefs of time it is to be hoped this colony may prove a flourifhing fet-
tlement and thereby become fharers in the trade of South Carolina, it will be neceffa-
ry that the perfon who fuperintonds this fettlement, although he fhould not act un-
der the title of governor, fhould according to the act of the 7th and 8th of king Willi-
am, not only be approved by his majefty as has been before propofed, but alfo take the
"ufuai oath to obferve the acts of trade and navigation; for which purpofe it will be
nec-efiary that the ufual inftructions upon that head, which are given to the govern- ■
ors in America, fhould likewife be given to him ; and that the corporation do^give
conftant accounts of all proceedings to this office that we may lay the fame before his
majefty.
We are my Lords your.Lordfhips
Moft obedient and moft humble fervants
WESTMORELAND,
P. DORMINIQUE,
T. PELHAM,
Whitehall, ~> M. BLADEN,
Dec. 17th. 1730. 3 A. CROFT.
Office for Trade, Whitehall, 24th Sept. 1795.
I hereby certify that the before written paper, is a report from the board
of trade, to the lords of the committee of council for plantation affairs,
copied from the South Carolina entry, B. page 8.
GEORGE CHALMERS.
4 Z No. VI.
73«
APPEND I X.
N°. VI.
A repoi t to the Lords of the Committee of Council about fettling a
Weftern Boundary to the Colony in South Carolina^ in 173 1.
To the Right Honorable the Lords of the Committee of his Majefty's
molt Honorable Privy Council..
MY LORDS,
IN pursuance of your lordfhips' order of the 14th of this month, referring to us the
following points, viz. The fettling a weftern boundary to the colony to be efta-
biifhed in South Carolina, by virtue of a charter petitioned for by the lord Percival
and others, and for ascertaining the diftance of the iflands upon the eaftern fhore.from
the continent. As likewife for fixing the number of acres proper to be granted to
each perfon who fliall fettle there; we have been attended by fome of the petitioners
and take leave to reprefent to your lordfhips—
That we think the weftern boundary of this new charter, may extend as far as that
defcribed in the ancient patents granted by king Charles II. to ,the late lords proprie-
tors of Carolina, whereby that province was allowed to extend weftward in a direct
line as far as the South Seas.
With refpect to the iflands upon the eaftern fhore, from the continent we think
this new charter may include fuch as lie oppofite to and within 20 leagues of the coaft
between the rivers Savannah and Alatamaha which are not already inhabited or fet-
tled by any authority derived from the crown, and as to the quantity of land to be grant-
ed to each perfon who (hall fettle within the limits of this charter we are humbly of
opinion that the proprietors fhould be reftrained from granting above five hundred
acres to any one perfon. We are
My Lords, &c.
P. DORMINIQUE,
Whitehall, Dec. iid, 1 73 1. T. PELHAM.
Office for Trade,, Whitehall, 14th Sept. 1795, OR- BRIDGEMAN..
I hereby, certify that the before written paper is a report from the Board
of Trade to the lords of the committee of council for plantation affairs-.
Copied from South Carolina Entry B. page 23.
1 GEORGE CHALMERS.
N°. VII.
An ExtraB from the Charter of Georgia dated in 1732.
KNOW ye therefore, that we greatly defiring the happy fuccefs of the faid cor-
poration, for their further encouragement in accomplifhing fo excellent a
work, have of our fpecial grace, certain knowledge, and mere motion, given and
granted, and by thefe prefent;. for us, our heirs and fucceffors do give and grant to
the faid corporation, and their fucceffors, under the refervations, limitations and
declarations
APPENDIX. 731
V
declaration hereafter exprefled, feven undivided parts (the whole into eight equal
parts to be divided) of all thofe lands, countries and territories, fituate, lying and
being in that part of South Carolina in America, which lies from the northern
ftream of a river there commonly called the Savannah, all along the fea-coaft to the
fouthward, unto the moll fouthern ftream of a certain great water or river called the
Alatamaha, and weftward from the heads of the faid rivers refpe£lively in direEl lines
to the South feasy and all that fpace, circuit and precincl: of land lying within the faid
boundaries, with the iilands in the fea, lying oppofite to the eaftern coaft of the faid
iflands, within twenty leagues of the fame, which are not already inhabited, or fettled
by any authority from the crown of Great Britain, together with all the foils, grounds,
havens, ports, gulphs and bays, mines, as well as royal mines of gold and filver, as
other minerals, precious ftones, quarries, woods, rivers, waters, fifhings, as well
royal fifhings of whale and fturgeon as other fifhings, pearls, commodities, jurif-
di£tions, royalties, franchifes, privileges and pre-eminences within the faid territories,
and the precincts thereof, and thereunto in any fort belonging or appertaining, and
which we by our letters patent may or can grant, and in as ample manner, and fort as
we, or any of our royal progenitors, have hitherto granted to any company,, body
politic or corporate, or to any adventurer or adventurers, undertaker or undertakers
of any difcoveries, plantations or traffic of, in or into any foreign parts whatfoever,
and in as large and ample manner as if the fame were herein particularly mentioned
and exprefled.
41
Office for Trade, Whitehall,
4th September, 1795.
I hereby certify that the before written paper is an extract from the Georgia
charter, taken from the printed copy.
GEORGE CHALMERS.
No. VIIL
InflruSlions to Governor John/lone of Carolina re/peeling the Eftablifh-
ment of the Colony of Georgia in 1732.
WHEREAS application hath been made to us by the humble petition of the
truftees for eftablifhing the colony of Georgia, in America, fetting forth,
that the petitioners being incorporated by his majefty's royal charter, bearing date the
9th day of June laft, for fettling a regular colony within the bounds of the province
of South-Carolina, they find it neceffary for carrying on the faid fervice,, that notice
fhould be given of the faid charter to the Governor of the faid province, with a figni-
fication of our royal pleafure, that all due countenance and encouragement fhould be
given for fettling the faid colony, and therefore moft humbly praying, that we would
be pleafed to give fuch inftru&ions to the governor of ' the faid province as may be
proper upon this occafion, and likewife a dire&ion for regiftering the faid charter, in
the
IS'
APPENDIX.
the records of the faid province, , from a copy to be annexed to the faid inftru&ions:
We have been gracioufly pleafed to condefcend to the petitioners requeft, and have
thought fit, in his majefty's name, hereby to will and require you, to give all due
countenance and encouragement, for fettling of the faid colony of Georgia, by being
aiding and a (lifting to fuch of his majefty's fubjecls as fh all come into the faid province
of South Carolina for that purpofe,. according to his majefty's gracious intentions,
declared in his royal charter aforementioned, a copy whereof is hereunto annexed :
Which we do in his majefty's name, hereby further require you, to caufe to be forth-
with regiftered and entered upon record, and by the proper officer in his majefty's faid.
province of South Carolina.
Office for Trz&^Whhehall,
14th September, 1795.
I hereby certify that the before written paper is a copy of an additional
inftruclion to Robert Johnfon Efqr.gpvernor of South-Carolina, copied
from the South Carolina Entry B.
GEORGE CHALMERS.
No. IX.
An ext raft from, a State of the province of Georgia in 1740.
'HE province of Georgia lies from the moft northern .ftream of the river Savannah
(the mouth of which is in the latitude of 32 deg.) along the fea coaft, to the
moft fouthern ftream of the Alatamaha (the mouth of which is 30 i deg.) and weft-
ward from the heads of the faid rivers reflectively in direct lines to the South feas.
This province was part of South Carolina; but the eaftern and fouthern parts of it
inhabited by the Creek Indians ; the northern by the Cherokees and Chickefaws, the.
weftern by the Chactaws ; the Blewmouths and other Indian nations to the South fea.
The Creek Indians who always acknowledged the king of England for their fovereign,
yet made.warwith the people of Carolina to obtain fatisfaflion for injuries done by
their pedling traders; the war was concluded by a peace which obliged the people of
Carolina not to fettle beyond the river Savannah ; and no Englishman was fettled within
this diftricl, that we know of, when the fir ft colony of Georgia arrived. The country
was then all covered with woods. Mr. Oglethorpe agreed with the Indians, and
purchafed of them the limits mentioned in the treaty;
When the eaft part of the province of Georgia was taken pofTeflion of under the
truftees charter by Mr. Oglethorpe, according to the limits of the Britifh dominions in
America, forts were erected upon the extremities to keep up marks of pofTeflion :
the ftrength and materials were of fuch nature as the men he had with him could
make
APPENDIX. 733
make, and fufficient for defence againft any ftrength that could be brought againft
them bv the neighbouring Indians, or Spaniards in Florida..
Office for Trade, Whitehall,
14th September, 1795.
I hereby certify; that the before written paper is an extract, from a.
ftate of the province of Georgia attefted upon oath in the court of
Savannah, copied from the printed journal of Wm. Stevens which was
publifhed at London in 1742— Vol. 2d.
GEORGE CHALMERS.
No. X.
A' Surrender by the Truftees of Georgia to the king of all their Rights*
under the Charter of 1732 and under the Deed from Earl Gran~>
i)ille in 1752.
THIS indenture, made the day of- in the twenty year of
the reign of our fovereign lord George the fecond, by the grace of God, of
Great Britain, France and Ireland king, defender of the faith, &c. and in the year of :
our Lord Chrift one thoufand fcven hundred and fifty-two, between our faid fovereign
lord the king's moft excellent majefty, of the one part, and the truftees for eftablifh-
ing the colony of Georgia, in America, of the other part: Whereas his faid mod
excellent majefty, by his letters patent under the great feal of Great Britain, bearing
date at Weftminfter, the ninth day of June, in the fifth year of his reign, did (amongft
diverfe other matters and things therein contained) for himfelf, his heirs and fucceffors, ,
conftitute and appoint John lord vifcount Percival, of his kingdom of Ireland, Edward
Digby, George Carpenter, James Oglethorpe, George Heathcote, Thomas Tower,
Robert More, Robert Hucks, Roger Holland, William Sloper, Francis Eyles, John
Laroche, James Vernon, William Belitha, Efquires ; Stephen Flales, mafter of arts ; -
John Burton, batchelor of divinity; Richard Bundy, mafter of arts; Arthur Bedford,
mafter of arts; Samuel Smith, mafter of arts; Adam Anderfon and Thomas Coram,
gentlemen; and fiich others as fhould be elected in the manner therein mentioned, .
to be one body politic and corporate, by the name of the truftees for eftablifhing the
colony of Georgia, in America, with perpetual fucceffion, with divers jurifdic"tions,
powers, franchifes and privileges, therein expreffed : and did alfo give and grant to
the faid corporation and their fucceffors, under the refervations, limitations and decla- ■
rations, therein expreffed, {even undivided parts (the whole into eight equal parts to
be divided) of all thofe lands, countries and territories, fituate, lying and being, in that
part of South Carolina, in America, which, lies from the. moft northern ftream of a
river there commonly called Savannah, all along the fea-coaft to the fouthward
unto the moft fouthern ftream of a certain other great water or river called the Alata-
maha^s
ut APPENDIX.
/ jt
nraha, and weftward from the heads of the faid rivers refpeclively, ini direct lines to
the South feas; and all that fpace, circuit, and precinct of land, lying within the faid
boundaries, with the iflands in the fea lying oppofite to the eaftern coaft of the faid
lands, within twenty leagues of the fame, which were not then already inhabited or
fettled by any authority derived from the crown of Great Britain, together with all
the foils, grounds, havens, ports, gulphs and bays, mines, as well royal mines of gold
and filver as other minerals, precious ftones, quarries, woods, rivers, waters, "fiihings,
as well royal fiihings of whale and fturgeon as other fiihings, pearls, commodities,
jurifdictions, royalties, franchifes, privileges, and pre-eminences, within the faid ter-
ritories and the precincts thereof, and thereunto in any fort belonging or appertaining,
and which his faid majefty by his letters patent might or could grant, and in as ample
manner and fort as his faid majefty or any of his royal progenitors had then before
granted to any company, body politic or corporate, or to any adventurer or adventurers,
undertaker or undertakers of any difcoveries, plantations or traffick, of, in or into, any
foreign parts whatsoever, and in as large and ample manner as if the fame were
therein particularly mentioned and expreffed, to have, hold, poffefs and enjoy, the
faid (even undivided parts (the whole into eight equal parts to be divided as afore-
faid) of all and lingular the faid lands, countries and territories, with all and fingular
other the premifes therein before by the faid letters patent granted or mentioned,
or intended to be granted to them the faid corporation, and their fuccefibrs for
ever, for the better fupport of the faid colony : To be holden of his faid
majefty, his heirs and fucceffors, as of his honor of Hampton court, in his
county of Middlefex, in fee and common foccage, and not in capite : Yielding and
paying therefore to his faid majefty, his heirs and fuccefibrs, yearly for ever, the fum of
four {hillings for every hundred acres of the faid lands which the faid corporation
fhould grant, demife, plant or fettle.^ the faid payment not to commence or be made
until ten years after fuch grant, demife, planting or fettling, and to be anfwered and
paid to his faid majefty, his heirs and fucceffors, in fuch manner and in fuch fpecies of
money or notes as fhould be current in payment by proclamation from time to time
in his faid province of South Carolina: All which lands, countries, territories and
premifes, thereby granted or mentioned, or intended to be granted, his faid majefty
did, by the faid letters patent, make, erect and create, one independent and feparate
province, by the name of Georgia ; and did, by the fame letters patent, ordain,
will and eftablifh, that for and during the term of twenty-one years, to commence
from the date of the faid letters patent, the faid corporation fhould and might form
and prepare laws, ftatutes and ordinances, fit and neceffary for the government of
the faid colony and not repugnant to the laws and ftatutes of England, and to prefent
the fame to his majefty, his heirs and fucceffors, in their privy council, which being ap-
proved fhould be from thenceforth in full force: And his faid majefty did, by the faid letters
patent, will and declare, that after the determination of the faid term of twenty-one
years, fuch form of government and method of making laws and ordinances for the
better government of the faid province of Georgia and the inhabitants thereof, fhould
be eftablifhed and obferved within the fame, as his faid majefty, his heirs or fuccef-
fors
APPENDIX.
fovs, fhonld thereafter ordain and appoint, and fhould be agreeable to law ; and that
from and after the determination of the faid term, the governor of the faid province,
and all officers civil and military within the fame, fhould from time to time be nomi-
nated and appointed by his faid majefly, his heirs and fucceflors. And whereas, by
an indenture made the 28th day of February, m the year of our Lord 1732, and in the
fi'xth year of his faid majefty's reign, between the right honourable John lord Carteret^
Baron of Hawnes in county of Bedford (now earl Granville), of the one part, and the
truftees for eftablifhing the colony of Georgia, in America, of the other part, (reciting
as therein is recited) for the considerations therein mentioned, he the faid John lord
Carteret did give, grant, bargain and fell, unto the faid truftees for eftablifhing the
colonv c-f Georgia in America, and their fucceflors, all that one undivided eighth part
of or belonging to the faid John lord Carteret (the whole into eight equal parts to be
divided) of and in all and Angular the lands, countries, territories, and premifes, before
mentioned and defcribed in the faid in part recited letters patent, with the appurtenan-
ces, and all the part and fhare, eftate, right, title, intereft, ufe, truft, poffeffion,
property, claim and demand whatfoever,. both in law and equity, of him the faid
John lord Carteret, of, in and to, all and Angular the faid lands, countries, ter-
ritories and premifes aforefaid, lying and being within the limits and boundaries,.
in the above recited letters patent mentioned and defcribed, with the appurte-
nances and every part and parcel thereof, together with all and Angular royalties,
rights of government, jurifdictions, privileges, prerogative rights, liberties, immunities
and franchifes whatfoever, and of what kind foever, within the faid territories and
premifes, to him the faid John lord Carteret belonging, or in any wife apper-
taining, and the reverfion and reverfions, remander or remanders, rents, ifllies and
profits thereof 5 to have and to hold ail and Angular the faid one undivided eighth part
of all and Angular the faid lands, countrys and territories, and all and Angular other
the premifes thereby granted, bargained and fold, or mentioned or intended fo to be,
and every part and parcel thereof, with all and Angular the appurtenances, unto the
faid truftees for eftablifhing the colony of Georgia in America, and their fuccef-
fors, upon the feveral trufts, and to and for the feveral intents and purpofes, and
fubject to the feveral conditions, limitations and declarations, in his faid prefent
majefty's faid letters patent fpecified and contained, and to and for no other ufe,.
intent, or purpofe whatfoever; yielding and paying therefore to the faid John lord
Carteret, and his heirs, yearly forever, the fum of Ax pence for the eighth part of
every one hundred acres of the faid lands, which the faid corporation fhould grant,
demife, plant or fettle ; the faid payment not to commence or be made until ten
years after fuch grant, demife, planting or fettling, and to be anfwered and paid unto
the faid John lord Carteret, and his heirs, and in fuch manner and in fuch fpecies of
money or notes as fhould be current in payment by proclamation from time to time in
the faid province of South Carolina, as in and by the faid recited letters patent and
indenture (relation being thereunto refpeclively had) amongft diverfe other matters
and things therein contained, may more fully and at large appear. And whereas the
£ud truftees have, from their confideration of the prefent ftate and condition of the.
faid
t JO
— 5 A P P E N D I It.
faid province, and to the end that proper means may be provided for putting "the
government thereof on a more fure foundation, propoied and' agreed to make an ab-
folute furrender and grant of the faid province, and all the lands, territory's, powers
and jurifdictions, to his faid majefty, in the manner herein after mentioned, which
his faid majefty has been graciouily pleafed by and with the advice of his privy council
to accept. Now this indenture witneffeth, that the laid truftees for eftablifhing the
colony of Georgia in America, for themfelves and their fucceffors, have, for the
confiderations and motives aforefaid, and for divers other good confiderations them
thereunto moving, granted, furrendered and yielded up, and by thefe prefents do
for themfelves and their fucceffors, grant, furrender and yield up, unto his faid mod ex-
cellent majeity, his heirs and fucceffors, the faid recited letters patent and their faid
corporation, and all right, title and authority, to be or continue a corporate body,
and all the powers of government and all other powers, jurifdictions, franchifes,
pre-eminences and privileges, therein and thereby granted or conveyed to them; and
have granted, and do hereby grant, unto his faid majefty, hz's heirs and fucceffors,
all the faid lands, countrys, tcrritorys and premifes, as well the faid one eighth part
thereof granted, meant or intended to be granted, by the faid John lord Carteret, to
them as aforefaid, as alfo the faid feven eighth parts thereof, granted, meant or in-
tended to be granted, as aforefaid, in and by his faid majefty's letters patent or charter
above recited ; together with all the foils, grounds, havens, ports, gulphs and bays,
mines, as well royal mines of gold and filver as other minerals, precious ftones,
quarries, woods, rivers, waters, fifhings, as well royal fifhings of whale and fturgeon
as other fifhings, pearls, commodities, jurifdictions, royalties, franchifes, privileges
and pre-eminence, within the faid territories and the precincts thereof, and thereunto
in any fort belonging or appertaining, and all other the premifes, and all rents, re-
verfions, remainders, and other profits, referved, due or payable, or which may
happen upon, or by virtue of, any demife or grant heretofore made of the premifes,
or any part thereof, and all their eftate, right, title, intereft, claim or demand what-
foever, of, in or to, the faid premifes, and every part thereof $ to have and to hold
all and fingular the premifes to his faid majefty, his heirs and fucceffors, to the ufe
of his faid majefty, his heirs and fucceffors j fubject neverthelefs, and without pre-
judice to all fuch grants, leafes, contracts, eftates and interefts, in law or equity,
as have been heretofore lawfully made or granted by the faid truftees for eftablifhing the
colony of Georgia in America, or by any acting in authority under them in America,
and which are now fubfi fling according to letters patent: Which faid furrender
and grant his faid moft excellent majefty hath accepted and by thefe prefents,
for himfelf, his heirs and fucceffors, doth accept. In witnefs whereof, to one
part of this indenture remaining with the truftees for eftablifhing the colony of
Georgia in America, his faid moft excellent majefty has caufed his great feal to
be affixed, and to the other part thereof, remaining with his faid majefty, the faid
truftees, with the privity and by direction of the common council of the faid cor-
M poration
APPENDIX. 737
poration, have caufed their common feal to be affixed, the day and year above men-
tioned. Witnefs, &c.
Office for Trade, Whitehall,
14th September, 1795.
I hereby certify that the before written paper is a copy of the furrrender
of the truftees of Georgia of their rights under the Georgia Charter,
copied from the Georgia Bundle A. N°. 3.
GEORGE CHALMERS,
N°. XI.
A commijfion to Governor Reynolds of Georgia, Auguji 6, 1754.
GEORGE the fecond by the grace of God of great Britain France and Ireland,
king, defender. of the faith, &c. To our trufty and well beloved John Rey-
nolds Efq. greeting: We repofing efpecial truft and confidence in the prudence,
courage and loyalty of you the faid John Reynolds, of our efpecial grace, certain
knowledge and mere motion have thought fit to conftitute and appoint and by thefe
prefents do coifftitute and appoint you the faid John Reynolds to be our captain
general, and governor in chief in and over our colony of Georgia in America lying
from the moft northern dream of a river there commonly called Savannah all along
the fca coaft to the fouthward unto the moft fouthern ftream of a certain other great
water or river called the Alatamaha, and weftward from the beads of the faid rivers
refpe£tively in ftreight lines to the South feas, and of all that fpace circuit and pre-
cinct of lands lying within the faid boundaries with the iflands in the fea lying oppofite
to the eaftern coaft of the faid lands within twenty leagues of the fame.
Office for trade, Whitehall,
Sept. 14th, 1795.
I hereby certify that the before written paper is an extraft from the commiffion
to governor Reynolds copied from the Georgia entry. A. p. 68.
GEORGE CHALMERS.
N». XIL
An extracl from the Treaty of Peace made at Paris in 1763, by tvhich
his Catholic Majejiy cedes to the King of Great Britain all his pojjef-
fions to the Eqft and South Eqft of the Mifjiffippi.
20th. FN confequence of the reftitutton ftipulated in the preceding article, his ca-
W tholic majefty, cedes and guarantees, in full right, to his Britannic fhajef-
ty, Florida, with fort St. Auguftin and" the bay of Penfacola, as well as all that Spain
S A pofleffed
T38 APPENDIX.
f%
pofleffed on the continent of North America, to the eaft or to the fouth-eaft of the
river Miffiffippi. And in genera), every thing that depends on the faid countries
and lands, with the fovereignty, property, poffeffion, and all rights, acquired by
treaties or otherwife, which the catholic king and the crown of Spain have had till
now over the faid countries, lands, places and their inhabitants fo that the catholic
king cedes and makes over the whole to the faid king and to the crown of Great Bri-
tain, and that in the moft ample manner and form.
A true copy,
CHARLES LEE.
N°. XIII.
A report of the Board of Trade to the King., in 1763, recommending
a divifion of the ceded country into two Provinces, Eaji and Weft
Florida-, the north boundary to be /at. 31 ; and .advifing the land
north of St. Marys, to be joined to Georgia*
June 8i/j, 17^3.
FLORIDA and that part of Louifiana to the eaftward of Miffiffippi, both which
tracts are ceded to your majefty by the late treaty may be compared to Canada,
in refpecT to extent of territory and the number of Indian tribes, with which they,
have immediate communication j but in other refpects they feem entirely different;
the number of fettled inhabitants, either French or Spaniards, we apprehend, has
never been eonfiderable, and there is little probability from the facility of ihc'ir re-
moval, that any of them will remain after the eeffions are compleated, though we
are of opinion,, as well from this circumftance of their paucity as .with a view to the
immediate fettlement of this country, that every expedient ffiould be ufed to induce
as many to remain as can be prevailed upon. The produce of Canada with its trade, .
the navigation of the river St. Laurence,, with its communication to the great lakes
of North America are,, from authentic information in thefe particulars, tolerably
well underftood ; but we are forry it is not in our power, either from any materials
in our office, or from any other to be depended vpon, to give your majefty that
certain information we could with, either in regard to the coaft, harbours, and rivers
of Florida, or as to the variety of produce which there is the greateft probability may
be raifed in that extended country. We fhall therefore content ourfelves with fug-
gelling at prefent, that whenever a government is eftablifhed in this country, inftruc-
tions fliould be given, for furveying with all poffible accuracy, as well the fea coaft
and places fit for harbours, as the internal country and rivers, particulatlyt of that
part which lies between the great mountains and the Miffiffippi, of which there are
not extant any charts or accounts on which we can depend, for which purpofe it
will* tie neceffary that a proper number of. able and fkilful furveyors be appointed.
The
APPENDIX. 739
The great tract of fea coaft from St. Auguflin round Cape Florida, along the
Gulph of Mexico, to the mouth of the MiflifRppi, makes it, we apprehend, indif-
penfablyneceffary that this country mould be divided into two diftincl governments, and
for the prefent, the chief refidence ofthe governor of the one fhould be at St. Auguflin,
with orders to give particular attention to Cape Florida, (as that cape commands the
whole navigation from the Bay of Mexico) the refidence of the other at Penfacola,
with particular inftru£lions regarding the Mifliffippi, the free navigation of which
ought, we apprehend, to be moft accurately underftood, not only in refpect of
that river, being the future boundary, betwixt your majefly's dominions and thofe of
the French, but as this river, by its communication with the Ohio, the Illinois, &c.
is of the utmoft importance to all connection with the Indian nations, and the only
outlet to the great internal trade which may be carried on amongfl them.
If it (hall be thought proper to divide Florida into two diftin£l governments, they
may be diflinguifhed by the names of Eaft and Weft Florida, and may be bounded
as follows :
Eaft Florida to be bounded by the coafl of the Atlantic fea from Cape Florida to
the north entrance of St. John's river on the eaft — by a line drawn due weft from the
north entrance of St. John's river to the Catahouchee or Flint rivers on the north and
on the weft and fouth weft by that part of the coaft of the Gulph of Mexico, which
extends from Cape Florida to the mouth of the Catahouchee river, and from thence
following the courfe of the faid rivers to where the north line falls in.
Weft Florida to comprehend all the fea coaft of the Gulph of Mexico, extending
weft from the Catahouchee river or Flint river towards the Mifliffippi as far as your
majefly's frontiers extend, and ftretching up into the land as far as the 31ft degree of
north latitude, which we humbly apprehend is as far north as the fettlements can
be carried without interfering with lands claimed or occupied by the Indians.
By this plan of divifion which is formed with a view to make the two colonies as
diftindl as poffible, by eftablifhing a natural line of feparation between them, and
by giving to each a due proportion of the natural advantages and conveniences of
commerce and navigation, a large tract of land lying between the north boundary
line of Eaft Florida, and the river Alatamaha, the prefent fouth boundary of Georgia,
which has hitherto been unoccupied as to any permanent fettlement either by your
majefly's fubjects or thofe of Spain, remains to be put under fome proper eftablifh-
ment; and we think it cannot in any refpect be better difpofed of, than by putting
it under the jurifdiction and within the government of Georgia ; by this means the
principal obftacles which have hitherto impeded the progrefs of that advantageous
and well regulated colony, will be removed, and its fettlements extended to the great
benefit and advantage of the mother country.
Office for trade, Whitehall
25th September 1795.
I hereby certify that the before written paper is an extract of a reprefenta*
tion of the board of trade, with regard to the peace of 1763, copied
from plantations general, M. page 248.
GEORGE CHALMERS
The
740 A P R E N D I X,
N.°. XIV.
The Proclamation of 1763, eftablijhing the Governments of Eajl and
Weft Forida; and 'extending the font hern Boundary of Georgia.
BY THE KING.
A PROCLAMATION.
GEORGE R.
WHEREAS we have taken into our royal confederation the extenfive and va-
luable acquisitions in America, fecured to our crown by the late definitive
treaty- of peace concluded at Paris the loth day of February lad; and being defirous
that all our loving Subjects, as well of our kingdoms as of our colonies in' America,
may avail themfelves, with all convenient fpeed, of the great benefits- and advanta-
ges which muft acerue therefrom to their commerce, manufactures, and navigation;
we have thought fit, with the advice of our privy council, to iffue this our royal
proclamation, hereby to publifh and declare to all our loving fubjecls, that we have,
with the advice of our faid privy council, granted our letters patent under our great
feal of Great Britain, to ere£t within the countries and iflands, ceded and confirm-
ed to us by the faid treaty, four diftin£t and feparate governments, ftiled and called;
by the names of Quebec, Eaft Florida, Weft Florida, and Grenada, and limited and'
bounded as follows, viz.
Firft, The governmen of Quebec, bounded on- the Labrador coaft by the river St.
John, and from thence by a line drawn from the head of that river, through the
lake St. John, to the fouth end of the lake Nipiflim; from whence the faid line,
croffing the river St. Lawrence and the lake Champlain in 45- degrees1 of north latitude,
panes along the highlands, which divide the rivers that -empty themfelves intothe
faid river St. Lawrence, from thofe which fall into the fea; and alfo along the riorth-
coaft of the Baye des Chaleurs, and the coaft of the gulph of St. Lawrence to cape Ro-
fieres, and from thence croffing the mouth of the river St. Lawrence by the Weft end'
of the ifland- Anticofti, terminates at the aforefaid river St. John.
Secondly, The government of Eaft Florida, bounded to the weft-ward by the gulph'
of Mexico and the Apelachicola river; to the northward, by a line drawn from' that
part of the faid river where the Catahouchee and Flint rivers meet, to the fource of
St. Mary's river, and by the courfe of the faid river to the- Atlantic Ocean; and to
the eaft and fouth by the Atlantic Ocean, and the gulph of Florida, including all
iflands within fix leagues of the fea coaft.
Thirdly, The government of Weft Florida, bounded to the fouth ward by the gulph
of Mexico including all iflands within fix leagues- of the coaft from the river Apela-
chicola to lake Pontchartrain; to the weftward by the faid lake, the;lake Maurepas*
and the river Mifliffippi; to the northward, by a line drawn due.eafiV from that part
of the river Mifliffippi which lies in thirty-one degrees north latitude, to the river
Apelachicola, or Catahouchee ; and to. the eaftward by the faid river. -
Fourthly^,
;.; . .■_■..-.
. A .P P E N D I X.
Fourthly, The government of Grenada, comprehending the ifiand of that name
together with the Grenadines,, and the ifiands of Dominico, St. Vincent, and To-
bago.
And to the end that the open and free fifhery of our fubjecls'may be extended to,
.and carried on upon the coaft of Labrador and the' adjacent ifiands, we have thought
fit, with the advice of our faid privy council,- to put. all that coaft from the river St.
John's to Hudfon's ftraights, together with the ifiands Anticofti and Madelaine^ and
and all other fmailer ifiands lying upon the faid coaft, under the care and infpection
of our governor of Newfoundland.
We; have alfo, with the- advice of our privy council, thought fit -to annex the
ifiands- of St. John and Cape Breton, or Ifle of Royale, with the leffer ifiands adjacent
thereto, to our government of Nova-Scotia.
We have alfo, with the advice of our privy council aforefaid, annexed to our
province of Georgia, all the lands lying between the rivers Alatamaha and St. Mary's.
• And whereas it will greatly contribute to the fp.eedy fettling our faid new govern-
ments, that our loving fubjedts fhould be informed of our paternal care for the fe-
curity of the liberties and properties of thofe who are, and ihall become inhabitants
thereof; we have thought fit to publiih and declare, by- this our proclamation, that
we have, in the letters patent under our great feal of Great Britain, , by which the
faid governments are conftituted, giving exprefs power to our governors of our faid
colonies refpecYively, that fo foon as the ftate and circumftances of the faid colonies
will admit thereof, they lhall, with the advice and confent of the members of our
council, fummon and call general affemblies within the faid governments refpeclive-
ly, infuch manner and form as is ufed and directed in thofe colonies and provinces in:
America, which are under our immediate government; and we have alfo given pow-
er to the faid governors, with the confent of our faid councils, and the representa-
tives of people fo to be fummonedas aforefaid, to make, conftitute, and ordain laws,
ftatutes, and ordinances for the public peace, welfare and good- government of our
faid colonies, and of the people and inhabitants thereof, as near as may be, agreeable
to the laws of England, and under fuch regulations and reftriclions as are ufed in o-
ther colonies; and in the mean time, and until. fuch affemblies can be called as afore-
faid, all perfon6 inhabiting in, or reforting to, our faid colonies, may confide in our
royal protection for the enjoyment of the benefit of tl>e laws of our realm of England ;
for which. purpofe, we have given power under our great feal to the governors of- our
faid colonies refpe£tively, to erect and conftitute, with the advice of our faid coun-
cils refpectively, courts of judicature and public juftice within our. faid colonies, for
the hearing and determining all caufes, as well criminal as civil, according to law
and equity,; and as near as may be, agreeable to the laws of England, with liberty to
all perfons who may think themfelves aggrieved by the. fentence of fuch courts, in all
civil cafes, to appeal, under the ufual. limitations, and. reftriclions, .. to us in .our privy
council. to lili
We have alfo thought fit, with the advice of our privy council as aforefaid, to give
unto the governors and councils of our faid. three new colonies upon the continent; .
full
742 A P P E N D I X.
full power and authority to fettle and agree with the inhabitants of our faid new colo-
nies, or to any other perfon who fhall refort thereto, for fuch lands, tenements, and
hereditaments, as are now, or hereafter fliall be, in our power to difpofe of, and them
to grant to any fuch perfon or perfons, upon fuch terms, and under fuch moderate
quit-rents, fervices and acknowledgments, as have been appointed and fettled in o-
ther colonies, and under fuch other conditions as lhall appear to us to be neceffary
and expedient for the advantage of the grantees, and the improvement and fettlement
of our faid colonies.
And whereas we are defirous, upon all occafions, to teftify our royal fen fe and
approbation of the conduit and bravery of the officers and foldiers of our armies, and
to reward the fame, we do hereby command and impower our governors of our faid
three new colonies, and other our governors of our feveral provinces on the continent
of North America, to grant without fee or'reward, to fuch reduced officers as have
ferved in North America during the late war, and are actually refiding there, and
fhall perfonally -apply for the fame, the following quantities of land, fubject, at the
expiration of ten years, to the fame quit-rents as other lands are fubjecl: to in the pro-
vince within which they are granted, as alfo fubject to the fame conditions of cultiva-
tion and improvements, viz.
To every perfon having the rank of a field officer, 5000 acres.
To every captain, 3000 acres.
To every fubaltern or ftaff officer, 2000 acres.
To every non-commiffioned officer, 200 acres.
To every private, 50.
We do like wife authorife and require the governors and commanded -in chief of all
our faid colonies upon the continent of North America, to grant the like quantities of
land, and upon the fame conditions, to fuch reduced officers of our navy of like
rank, as ferved on board our fhips of war in North America, at the times of the re-
duction of Louifburg and Quebec, in the late war, and who fhall perfonally apply to
our refpective governors for fuch grants.
And whereas it is juft and reafonable, and effential to our intereft, and the fecu-
rity of our colonies, that the feveral nations or tribes of Indians, with whom we are
connected, and who live under our protection, {hould not be molefted or difturbed
in the poffeffion of fuch parts of our dominions and territories as, not having been
ceded to, or purchafed by us, are re ferved to them, or any of them, as their hunt-
ing grounds j we do therefore, with the advice of our privy council, declare it to be
our royal will and pleafure, that no governor or commander in chief, in any of our
colonies of Quebec, or Eafl Florida, or Weft Florida, do prefume, upon any pre-
tence whatever, to grant warrants of furvey, or pafs any patents for lands beyond the
bounds of their refpective governments, as^defcribed in their commiffionsj as alfo
that no governor or commander in chief of our other colonies or plantations in Ameri-
ca, do prefume. for the prefent, and until our further pleafure be known, to grant
warrant of furvey, or pafs patents for any lands beyond the heads or fources of any
of the rivers which fallinto the Atlantic Ocean, from the weft to the north-weft; or
upon
APPENDIX.
upon any lands whatever, which not having been ceded to, or purchafed by us, as
aforefaid, are referred to the faid Indians or any of them.
And we do further declare it to be our royal will and pleafure for the prefent as
aforefaid, to referve under our fovereignty, , protection and dominion for the ufe of
the faid Indians, all the land and territories not included within the limits of our faid
three new governments or within the limits of the territory granted to the Hudfon's
Bay company ; as alfo all the land and territories lying to the weflward of the fources
of the rivers which fall into the fea from the weft and north-weft as aforefaid ; and
we do hereby ftrictly forbid, on pain of our difpleafure, all our loving fubjects from
making any purchafes or fettlements whatever, or taking pofleffion of any of the lands
above referved, without our efpecial leave and licence for that purpofe firft obtained.
And we do further ftrictly enjoin and require all perfons whatever, who have either
wilfully or inadvertently feated themfelves upon any lands within the countries above
defcribed, or upon any other lands* which not having been ceded to, or purchafed by
us, are ftill referved to the faid -Indians as aforefaid, forthwith to remove themfelves
from fuch fettlements.
And whereas great frauds and abufes have been committed in the purchafihg lands
of the Indians, to the great prejudice of our interefts,, and to the great dilfatisfaction
of the faid Indians ; in order, therefore, to prevent fuch irregularities for the future,
and to the end that the Indians may be convinced of our juflice and determined reso-
lution to remove all reafonable caufe of difcontent, we do, with the advice of our privy
council, ftrictly enjoin and require, that no private perfon do prefume to make any
purchafe from the faid Indians, of any lands referved to the faid Indians, within thofe
parts of our colonies where we have thought proper to allow fettlement •, but that if
at any time any of the faid Indians fhould be inclined to difpofe of the faid lands, the
fame fhall be purchafed only for us, in our name, at fome public meeting or aflembly
of the faid Indians, to be held for that purpofe by the governor or commander in
chief of our colony refpectively within which they (hall lie: and in cafe they fhall lie
within the limits of any proprietaries, conformable to fuch directions and inftructions
as we or they fhall think proper to give for that purpofe : and we do, by the advice of
pur privy council, declare and enjoin, that the trade with the faid Indians fhall be free
and open to all our fubjects whatever, provided thatevery perfon who* may incline to
trade with the faid Indians, do take out a licence for carrying on fuch trade, from the
governor or commander in chief of any of our colonies refpectively, where fuch per-
fon fhall refide, and alfo give fecurity to obferve fuch regulations as we fhall at any
time think fit, by ourfelves or commiffaries, to be appointed for this purpofe, to direct:
and appoint for the benefit of the faid trade : and we do hereby authorife, enjoin and
require the governors and commanders in chief of all our colonies refpectively, as well •
thofe under our immediate government, as thofe under the government and direction
of proprietaries, to grant fuch licences without fee or reward'y- taking efpecial care to >
infert therein a condition that fuch licence fhall be void, and the fecurity forfeited in
cafe the perfon to whom the fame is granted, fhall refufe or neglect to obferve fuch -
regulations as we fhall think proper to prefcribe as aforefaid.
743
. [
And.
744 A P P END IX.
And we do further exprefsly enjoin and require all officers whatever, as well military
as thofe employed in the management- and direction of Indian affairs within the ter-
ritories referved, as aforefaid, for the ufe of the faid Indians, to feize and -apprehend
all perrons whatever, who (landing charged with treafons, mifprifons of treafori, mur-
ders, or other felonies or mifdemeanoursi fhall fly from juftice and take refuge in the
faid territory, and to fend them under-a proper guard to the' colony where the crime
was committed of which they fhall ftand accufed, in order to take their trial for the
fame.
Given "at our court of St. James's, the 7th day of October, 1763, in the
third year of our reign.
God five the king.
N°. XV.
A commiffton to Governor Grant of Eajl Florida in 1763, in which is
defcribed the boundary of that province.
■ ■, OBober ^ 1763.
1 EORGE. We repofing efpecial truft and confidence in the prudence, courage,
and loyalty of you the faid James Grant, of our efpecial grace, certain know-
ledge and mere motion, have' thought fit to conftitute and appoint you the faid James
Grant to be our captain general and governor in chief in and over our province of eaft
Florida in America bounded to the weflward by the gulph of Mexico and the Apela-
chicola river, to the northward by a line drawn from that part of the faid river where
the Chatahouchee and Flint rivers meet, to the fburce of St. Mary's river, and by the
courfe ofthe faid river to the Atlantic ocean, and to the eaftward and fouthward by
the Atlantic ocean and the gulph of Florida, including all iflands within fix leagues of
the fea coafl.
Office for Trade, Whitehall,
25th September, 1795.
I hereby certify that the above written paper is an extract ofthe commiffion
- of governor Grant, in and over the province of Eaft Florida, copied
from the Eaft Florida entry A. page 6.
GEORGE CHALMERS.
N». XVI.
A Commiffton to Governor Wright of Georgia , in January 1764, by
iv hie h the north Boundary of the Floridas is declared to be the
fouth Boundary of Georgia.
GEORGE the third by the grace of God of Great Britain, France and Ireland
king defender of the faith and fo forth : To our trufty and well beloved James
Wright Efquire, greeting. Whereas we did by our letters patent under our great
ifeal of Great Britain, bearing date at Weftminfter the fourth day of May in the firft
year of our reign conftitute and appoint you the faid James Wright Efquire to be
our
APPENDIX. 7-1,
our captain general and governor in chief in and over our colony of Georgia in
America lying from the moil northern dream of a river, there commonly called
Savannah all along the fea coaft to the fouthward unto the molt fouthern ftream of
a certain other .great water or river called the Alatamaha, and weftward from the
heads of the faid rivers refpectiveiy in direct lines to the South Seas, and of all that
fpace circuit and precinct of lands lying within the faid boundaries with the iflands
in the fea lying oppefite to the eaftern coaft of the faid lands within twenty leagues
of the fame, for and during our pleafure as by the faid recited letters patent, relation
being thereunto had may more fully and at large appear. NOW KNOW TOU that
we have revoked and determined and by thefe prefents do revoke and determine fuch
part and fo much of the faid recited letters patent and every claufe, article and thing
therein contained which doth any way relate to, or concern the limits and bounds of
our faid province as before defcribed; and further know you, that we repofing efpecial
truft and confidence in the prudence, courage and loyalty of you the faid James W right
of our efpecial grace certain knowledge and mere motion have thought fit to conftitute
and appoint and by thefe prefents do conftitute and appoint you the faid James
Wright to be our captain general and governor in chief in and over our colony of
Georgia in America bounded on the north by the mofl northern ftream of a river
there commonly called Savannah as far as the head of the faid river ; and from
thence weftward as far as our territories extend ; on the eaft by the fea coaft from the
faid river Savannah to the rnoft fouthern ftream of a certain other river called Saint
Mary, including all iflands within twenty leagues of the coaft lying between the faid
river Savannah and Saint Mary as far as the head thereof; and from thence weft-
ward as far as our territories extend by the north boundary line of our provinces of Eaft
and Weft Florida. And we do hereby declare ordain and appoint, that you the faid
James Wright fhall and may hold, execute and enjoy the office and place of our
captain general governor in chief in and over our colony of Georgia limited and
bounded as above defcribed together with all and fingular the powers and authorities
contained in our faid recited letters patent under our great feal of Great Britain,
bearing date at Weftminfter the fourth day of May in the firft year of our reign, except
as are herein excepted, for and during our will and pleafure. In witness whereof
we have caufed thefe our letters to be made patent. Witnefs ourfelf at Weftminfter
the twentieth day of January in the fourth yearbf our reign.
By writ of privy feal, YORK & YORK.
****** ****** ****** •$• •$•
* Stamp * * Stamp,* * Stamp * •$• Great Seal of jfy,
* xi mills. * * xi ariiis. * * xi dun*. * ^ <grsat Britain* •$•
****** ****** ****** .$. &
Georgia, Secretary's Office, %th Feb. 1798.
The above and foregoing is a true copy from the original record in book
B. folio 140.
HORATIO MARBURY, for
JOHN MILTON, Secretary.
k B N°.
-.:!<)
A F P E N D I X.
No. XVII. Extratl from a Communication to Governor Johnfone of Wejl Florida dated
\ fl November ', I 764, concerning the former Boundary of Florida.
(* As N°. XVII. has not been forwarded in time for its place, fee end of afpendix.)
N°. XVIlf.
A reprefentation from the Board of Trade in March 1764, propofing
an alteration in the boundary of Weft Florida by an inflrument under
the great feal% as vuas dene in the extenfwn of 'the font h boundary
of Georgia..
To -the King's molt Excellent Majefty.
MAY IT PLEASE VOUR MAJESTY.
Y your majeily's royal proclamation of the 7th of October laft, and your majesty's
eommiilion to your governor of Weft i'lorida it is declared that the faid pro-
vince fhafl be bounded to the north by a line drawn due eaft from that part of the river
MilmTippi which lies in 31 degrees of north latitude, to the river Apelachicola; but
it is our duty to reprefent to your majefty that we are informed by your majefty's
governor, that it appears from obfervations and furveys made fir.ee the faid province
has been in your majefty's poffeflion, that there are not only very con fiderable fettle-
ments upon the;eaft bank of the Mi ill flip pi above that line, but alfo that the town and
fettlement of Mobile itfelf is fome miles to the north of it, and therefore we humbly
beg leave to propofe, that an irsftrument may pafs under the great feal (in like manner
as was directed in the cafe of the extenfion of the fouth boundary of Georgia) declaring
that the province of Weft Florida fhall be bounded to the north by a line drawn from
the mouth of the river Yazous, where it unites with the Mimffippi due eaft to- the
river Apelachicola, by which we humbly conceive every material fettlement depending
upon Weft Florida will be comprehended within the limits of that government.
Which is molt humbly fubmitted.
HILLSBOROUGH, GEO. RICE,
SOAME JENYNS, ORWELL,
ED. ELLIOTT, BAM. GASCOYNE..
Whitehall, ?
March 23 d, I J 64. 3
Office for Trade, Whitehall, 25th Sept. 1795.
I hereby certify that the before written paper is a reprefentation to the
king for enlarging the boundaries of Weft Florida, copied from the .
Weft Florida entry A. page-. 165-;.
GEORGE CHALMERS.
N°. XIX.
A commiffion to governor Elliott of Weft Florida in 1 767 in which the
'boundary of that province is defcribed as originally eftablijhed*
July iCjth, 1767.
EORGE — to ourtrufty and well beloved John Elliott, Efq. greeting. Where-
as we did by our letters patent under our great feal of Great Britain, bearing date
at
\ A P P E N D I X.
at Weftminfter the twenty-firft day of November, in the fourth year of our reign,
conftitute and appoint George Johnftone, Efq. captain general and governor in chief
in and over our province of Weft Florida in America, bounded to the fouthward by
the gulph of Mexico, including all iflands within fix leagues of the coaft from the
river Apeiachicola to Lake Pontchartrain, to the weftward by the faid lake, the Lake
Maurepas and the river Mifliffippi, to the northward by a line drawn due eaft from that
part of the river Mifliffippi which lies in thirty-one degrees north latitude, to the river
Apeiachicola or Chatahouchee, and to the eaftward by the faid river.
Office for Trade, Whitehall,
25th September, 1795.
I hereby certify that the above written paper is an extract of the comrmflion
of the governor in and over the province of Weft Florida, copied from
the Weft Florida entry A. page 229.
GEORGE CHALMERS.
N°. XX.
An Extract from the Inftruclions to the Britiflo Governor of Weft Flo-
rida, Peter Chef er, taken from an authentic Copy, noiv in the pof-
feffion of P hilip Livingfon, Efqr. of ' Nezu York, ivho was Secretary
of that Province under Governor Chefer, viz.
G. R.
" "INSTRUCTIONS to our fcrufty and well beloved Peter Chefter, Efq. our captain
JL general and governor in chief in and over our province of Weft Florida in Ame-
rica, and all other our territories dependent thereon, given at our court of St. James's
the fecond day of March, 1770, and in the tenth year of our reign."
" I. With thefe inftru&ions you will receive our commifiion, under our great feal
of Great Britain, conftituting you our captain general and governor in chief in and
over our province of Weft Florida, in America. Bounded to the fouthward by the
gulph of Mexico, including all illands within fix leagues of the cOaft, from the river
Apeiachicola to lake Pontchartrain; to the weftward by the faid lake, the Lake Mau-
repas and the river Mifiiflippi ; to the northward by a line drav/n due eaft from the
mouth of the Yazoo river, where it unites with the Mifliffippi, due eaft to the river
Apeiachicola."
N°. XXI.
Extract from a Reprefentation made on oath by Jofeph Purcell of
Charlefon, formerly Surveyor for the Britifh Government in Flo-
rida, in anfwer to certain queries.
" r I ^HE parallel of latitude 32 degrees and 40 minutes, interfe&s the Mifliffippi 24
g miles above the mouth of the Yazoo. The Natchez diftricT; is bounded to
the weftward by the river Mifiiflippi, and extends from Loftus's clvft up the faid river,
to
747
APPENDIX.
to the mouth of the Yazoo, the diftance being mo miles. The faid diftricl was
purchafed from the Choctaw nation, by the BritiOi fuperintendant of Indian affairs,,
at a treaty held at Mobile in May, 1777, and the lines as above defcribed, were
marked and furveyed by me,, in 1779."
N°. XXII.
An Extraclfrom the Provifonal Articles of Peace between the United
States and his Britannic Majejzy in November 1782, by *which the
Southern Boundary of the United States is fettled at latitude 31.
ARTICLE I.
IS Britannic majefty acknowledges the faid United States, viz. New Hampfhire,.
Maffachufetts Bay, Rhode Ifiand and Providence Plantations, Connecticut,
New York, New Jerfey, Pennfylvania, Delaware, Maryland, Virginia, North Carolina,
South Carolina, and Georgia, to be free, fovereign and independent States ; that he
treats with them' as fuch; and for himfelf, his heirs\ and fircceffbrs, reiinquifhes all
claims to the government, propriety and territorial rights of the fame-,- and every part
thereof. And that all. difpYites which might arife in future, on the fubject of the
boundaries of the faid United States may be prevented, it is hereby agreed. and declared,
that the following are, and fhall be their boundaries, viz.
ARTICLE II.
From the north weft angle of Nova Scotia, viz. that angle which is formed by a
line dtfawn due north from the fource of St. Croix river to the Highlands; along
the faid Highlands which divide thofe rivers, that empty themfelves into the river St.
Lawrence, from thofe which fall into the Atlantic ocean, to the north wefternmoft'
head of Connecticut river, thence down along the middle of that river, to the forty-
fifth degree of north latitude; from thence by a line due weft on faid latitude, until'1
it ftrikesthe river Iroquois Cataraquy; thence along the middle of faid river into Lake-
Ontario, through the middle of faid lake untilit ftrikes the communication by water
between that lake and Lake Erie; thence along the middle of faid communication into
Lake Erie, through the middle of faid lake until it arrives at the water communication
between that lake and Lake Huron; thence along the middle of faid water communica-
tion into Lake Huron; thence through the middle of the faid lake to the water com--
munication between that lake and Lake Superior; thence through Lake Superior north-
ward of the- ifles Royal and Philipeaux, to the Long Lake; thence through the middle
of faid Long Lake,, and the water communication between it- and the Lake of the
Woods, to the faid Lake of the Woods ;. thence through the faid lake to the moft
north weftern point thereof, and from thence on a due weft courfe to. the river Miffi-
ffippi ; thence by a line to be drawn along the middle of the faid river Miffiffippi until
it fhall interfect the northernmoft part of the thirty-firft degree of north latitude j.
fouth by a line to be drawn due eaft from the determination of the line laft men-
tioned.
APPENDIX.
tioned, in the latitude of thirty-one degrees north of the Equator, to the middle of the>
river Apelachicola or Catahouchee; thence along the middle thereof to its junction
with the Elint river; thence ftraight to the head of St. Mary's river; and thence
down along the middle of St. Mary's river to the Atlantic ocean. Eaft by a line to he
drawn along the middle of the river St. Croix, from its mouth in the Bay of
Fundy to its fource, and from its fource directly north to the aforefaid Highlands-
which divide the rivers that fall into the Atlantic ocean, from thofe which fall into-
the river St. Lawrence; comprehending all ifiands within twenty leagues of any part'*
of the fhores of the United States, and lying between lines to be drawn due eaft from
the points where the aforefaid boundaries between Nova Scotia on the one part, and.
Eaft Florida on the other, (hall refpe£tively touch the Bay of Fundy and the Atlan-
tic ocean ; excepting fuch ifiands as now are, or heretofore have been within the li-
mits of the faid province of Nova Scotia.
N°. xxiii;
A declaration of the Boundary of Georgia. See AH of the State Legis-
lature pajfed in February 1783, feclion 13.
XIII. A ND ivhereas it may fo happen that perfons emigrating from elfewhere and'
j~\. difpofed to fettle in this State, may not be fufEciently acquainted with the.
limits and boundaries of the fame ; and furveyors may wilfully or ignorantly commit mif-
takes in the running of lines, unlefs the faid limits and boundaries be made known to
them : In order therefore to inform and encourage all perfons difpofedto migrate into
this State, to prevent miftakes and remove every pretence for fraud in furveyors and
others intrufted with the execution of this law, Be it e?ia£led, ordained and declared
by the authority aforefaid, That the limits, boundaries, jurifdiction and authority of
the State of Georgia, do, and did, and of right ought to extend from the mouth of
the river Savannah, along the north fide thereof and up the moft northern ftream or
fork of the faid river, to its head or fource ; from thence in a due weft courfe to the
river Miffidippi, and down the faid ftream of the MifTifiippi to the latitude thirty-one
degrees north ; from thence in a due eaft courfe to the river Apelachicola or Cata-
houchee, and from the fork of the faid river Apelachicola, where the Catahouchee
and Flint rivers meet in a drrecl line to the head or fource of the fouthernmoft ftream
of the river St; Mary's, and along the courfe of the faid river St. Mary's to the At-
lantic ocean, and -from thence to the mouth or inlet of the river Savannah, including
and comprehending all the lands and waters within the faid limits, boundaries and.
jurifdictional right, and alfo all the ifiands within twenty leagues from the fea coaft.
And all juftices of the peace, furveyors, militia and other officers and perfons of
any defcription or denomination whatsoever, are hereby enjoined and required, and
fully authorized and empowered to hold and confider the faid limits, boundaries and
jurifdi£tional right above mentioned, exprefTed and defcribed as the true and juft'
limits, boundaries and jurifdiction of the fovereign and independent State of Georgia, ,
749
7$o
APPENDIX.
as fecured to the inhabitants and free citizens thereof, by their charter, and guaran-
teed as well by the articles of confederation as by the treaty of alliance with his mod
chiiflian majefty. Provided nevertkelefs, That nothing herein before contained, fhall
extend or be conftrued to extend, to authorize or empower any furveyor or other
perfon or perfons whatfoever, to furvey, run or make lines upon the lands before
defcribed, as being allowed to the Indians for hunting ground, or any part or parcel
thereof, before or until permitlion for that purpofe {hall be granted by the legiflature,
and made known by proclamation.
NVXXIV.
An Ext raft, from the Definitive Treaty of Peace between the United
States and his Britannic Majefiy, concluded at Paris the ^d of Sep-
tember 1783, by 'which the Boundaries of the United States are
eftablijhed as agreed upon in the Provifional Articles.
ARTICLE Ic
'IS Britannic majefty acknowledges the faid United States, viz. New Hamp-
fhire, Maffachufetts Bay, Rhode Ifland and Providence Plantations, Connecti-
cut, New York, New Jerfey, Pennfylvania, Delaware, Maryland, Virginia, North
Carolina, South Carolina, and Georgia, to be free, fovereign and independent States;
that he treats with them as fuch ; and for himfelf, his heirs and fucceflbrs, relin-
quifhes all claims to the government, propriety and territorial rights of the fame, and
every part thereof.
ARTICLE 11.
And that all difputes which might arife in future, on the fubjecl; of the boundaries
of the faid United States may be prevented, it is hereby agreed and declared, that
the following are, and fhall be their boundaries, viz. From the north weft angle of
Nova Scotia, viz. that angle which is formed by a line, drawn due north from the
fource of Saint Croix river to the Highlands j along the faid Highlands which divide
thofe rivers, that empty themfelves into the river St. Lawrence, from thofe which fall
into the Atlantic ocean, to the north wefternmoft head of Connecticut river, thence
down along the middle of that river, to the forty-fifth degree of north latitude; from
thence, by a line due weft on faid latitude, until it ftrikes the river Iroquois or Ca-
taraquy •, thence along the middle of faid river into Lake- Ontario, through the middle
of faid lake until it ftrikes the communication by water between that lake and Lake
Erie; thence along the middle of faid communication into Lake Erie, through the
middle of faid lake until it arrives at the water communication between that lake and
Lake Huron; thence along the middle of faid water communication into the Lake
Huron ; thence through the middle of faid lake to the water communication be-
tween that lake and Lake Superior ; thence through Lake Superior northward
of the ifles Royal and Philipeaux, to the Long Lake ; thence through the mid-
dle
APPENDIX. 75 i
die of faid Long Lake, and the water communication between it and the Lake
of the Woods, to the faid Lake of the Woods 5 thence through the faid lake to
the moft north weftern point thereof, and from thence on a due weft courfe to
the river Miffifiippi ; thence by a line to be drawn along the middle of the faid river
Miffiffippi until it fhall mterfect the northernmoft part of the thirty-firft degree of
north latitude. South by a line to be drawn due eaft from the determination of the
line lad mentioned, in the latitude ol thirty-one degrees north of the Equator, to
the middle of the river Apelachicolaor Catahouchee j thence along the middle there-
of to its junction with the Flint river ; thence ftraight to the head of St. Mary's
river ; and thence down along the middle of St. Mary's river to the Atlantic ocean.
Eait by a line to be drawn along the middle of the river St. Croix, from its mouth
in the Bay of Fundy to- its fource, and from its fource directly north to the aforefaid
Highlands which, divide the rivers that fall into the Atlantic ocean, from thofe which
fall into the river St. Lawrence : comprehending all iflands within twenty leagues of
any part of the mores of the United States, and lying between lines to be drawn due
eaft from the points where the aforefaid boundaries between Nova Scotia on the one
part, and Eaft Florida on the other, fhall refpeclively touch the Bay of Fundy and
the Atlantic ocean ; excepting fuch iflands as now are3 or heretofore have been with-
in the limits of the faid province of Nova Scotia.
N°. XXV.
An Extracl from the Treaty between Great Britain and Spain, entered
into on the 3 J September, 1783, by which Great Britain cedes the
Floridas, to Spain, without dejining their boundaries*
V. f I S Britannic majefty likewife cedes and guarantees, in full right, to his
JL Catholic majefty, Eaft Florida, as well as Weft Florida. His Catholic
majefty agrees that the Britifh inhabitants, or others who may have been fubjecls of
the king of Great Britain in the faid countries, may retire in full fecurity and liberty, ,
where they (hall think proper, and may fell their eftates, and remove their effects,
as well as their perfons, without being reftrained in their emigration, under any pre-
tence whatfeever, except on account of debts, or criminal profecutions ; the term
limited for this emigration being fixed to the fpace of eighteen months, to be com-
puted from the day of the exchange of the ratifications of the prefent treaty : but if,
from the value of the poffeffions of the Englifh proprietors, they mould not be able
to difpofe of them within the faid term, then his Catholic majefty fhall grant them a
prolongation proportioned to that end. It is further ftipulated, that his Britannic
majefty fhall have the power of removing from Eaft Florida all the effects which, may
belong to him, whether artillery, or other matters.
NV
(y*
APPENDIX.
N°. XXVI.
Convention between South Carolina and Georgia concluded at Beau-
fort in 1787.
To all to whom thefe prefents fhall come, the underwritten Charles Cote/worth Pinck-
fiey, Andrew Pickens and Pierce Butler, Efquires, Comifhoners appointed by the
State of South Carolina of the one part, and the underwritten John Haberjham and
■ Lachlan M(Into/h, Efquires, a majority of the Commifhoners appointed by the
State of Georgia of the other part — Send Greeting.
HEREAS the State of South Carolina did heretofore prefenfa petition to the
United States in congrefs affembled and did therein fet forth that a difpute
and difference had arifen and fublifted between the States of South Carolina and Geor-
gia, concerning boundaries; the faid States claiming reflectively the fame territo-
ries, and that the cafe and claim of the State of South Carolina was as follows, that
is to fay, " Charles the fecond king of Great Britain by charter dated the twenty-
" fourth day of March, in the fifteenth year of his reign, granted to eight perfons
" therein named, as lords proprietors thereof all the lands lying and being within
" his dominions of America, between thirty-one and thirty-fix degrees of foutli lati-
" tude, in a direct weft line to the South Seas, ftiling the lands fo defcribed the
" province of Carolina, That on the thirtieth day of June in the feventeenth year of
" his reign the faid king granted to the faid lords proprietors, a fecond charter en-
" larging the bounds of Carolina, viz. from twenty-nine degrees of north latitude to
" thirty-fix degrees thirty minutes and from thofe points on the fea coaft weft in a di-
" rect line to the South Seas. That (ewen of the faid proprietors of Carolina, fold
" and furrendered to George the fecond late king of Great Britain, all their title and
** intereil in the faid province, and the fhare of the remaining proprietor was feparated
" from the king's and alloted to him in the north part of North Carolina. That Caro-
" lina was afterwards divided into two provinces called North and South Carolina.
" That by a charter dated the ninth day of June one thoufand feven hundred and
" thirty-two George the fecond, king of Great Britain, granted to certain perfons
" therein named, all the lands lying between the river Savannah and Alatamaha., and
" between lines to be drawn from the heads of thofe rivers refpectively to the South
" Sea, and ftyled the faid colony Georgia. That by the treaty of peace concluded at
" Paris on the tenth day of February one thoufand feven hundred and fixty-three, the
" river Miffiffippi was declared to be the weftern boundary of the North American
" colonies. That the governor of South Carolina in the. year one thoufand feven hun-
"dred and fixty-two, conceiving that the lands to the Southward of the Alatamaha
" ftill belonged to South Carolina, granted feveral tracts of the faid lands. That the
*' government of Georgia complained to the king of Great Britain, refpecting thofe
'* grants as being for lands within its limits and thereupon his majefty by proclamation
" dated the feventh day of October one thoufand feven hundred and fixty-three, annexed
to Georgia, all the lands lying between the rivers Alatamaha and St. Mary, the vali-
" dity
«'
APPENDIX.
** dity of the grants paffed by the governor of South Carolina as aforefaid, remaining
" however acknowledged and uncontefted, and the grantees of the faid land, or their
" reprefentative .(till holding it as their legal eftate. That South Carolina claims the
" lands lying between the North Carolina line, and the line run due weft from the
" mouth of Tugoloo river to the Miffiffippi, becaufe as the faid State contends the
" river Savannah lofes that name at the confluence of Tugoloo and Keowee rivers,
ff confequently that fpot is the head of Savannah river. The State of Georgia on the
" other hand contends that the fource of the Keowee river is to be confidered as the
" head of Savannah river. That the State of South Carolina alfo claims all the lands
" lying between a line drawn to be drawn from the head of the river St. Mary, the
" head of the Alatamaha, the Miffiffippi and Florida being, as the faid State con-
** tends, within the limits of its charter, and not annexed to Georgia by the faid pro-
" clamatiou of one thoufand feven hundred an fixty-three. The State of Georgia
" on the other hand contends that the tract of country lafl mentioned is a part of that
•* State." The State of South Carolina did therefore by their faid petition pray for a
hearing and determination of the difference and difpute fubfi fling as aforefaid between
the faid State and Georgia agreeable to the articles of confederation and perpetual
union between the United States of America. AND WHEREAS the State of Georgia
were duly notified of the faid petition, and did by their lawful agents appear in order
to eftablifh their right to the premifes in manner directed by the faid articles of con-
federation : And proceedings were thereon had in Congrefs in order to the appoint-
ment of judges to conftitute a court for hearing and determining the faid matter in
queftion: And whereas it appeared to be the fincere wifh and defire of the faid States
of South Carolina and Georgia that all and Angular the differences and claims fub-
fifting between the faid States relative to boundary fhould be amicably adjufted and
compromifed: And whereas the legiflature of the State of South Carolina did elect
the above named Charles Cotefworth Pinckney, Andrew Pickens and Pierce Butler,
efquires, commiffioners, and did inveft them, or a majority of them, with full and abfo-
lute power and authority in behalf of that State, to fettle and compromife all and
fingular the differences, controversies, difputes and claims which fubfift between the
faid State and the State of Georgia relative to boundary and to eftablifh and perma-
nently fix a boundary between the two States. And the faid State of South Carolina
did declare, that it would at all times thereafter ratify and confirm all and whatfoever
the faid commiffioners or a majority of them fhould do in and touching the premifes,
and that the fame fhould be for ever binding on the faid State of South Carolina. And
whereas the legiflature of the State of Georgia did appoint John Houfton, John Ha-
berfham, and Lachlan M'lntofh, efquires, commiffioners, and did inveft them with
full and abfolute power and authority in behalf of that State, to fettle and compromife
ail and fingular the differences, controversies, difputes and claims which fubfift between
the faid State and the State of South Carolina relative to boundary and to eftablifh
and permanently fix a boundary between the two States- And the faid State of Georgia
did alfo declare, that it would at all times thereafter ratify and confirm all and whatfo-
ever the faid laft mentioned commiffioners or a majority of them fhould do in and
5 C touching
r;3
754 APPENDIX.
touching the pre'mifes, and that the fame fhould be for ever binding on the faid State
of Georgia. Now therefore k?iow ye, That the underwritten commiffioners'on the part
of the States of South Carolina and Georgia refpectively, having by mutual confent
alTembled at the town of Beaufort in the State of South Carolina on the twenty-fourth
day of this prefent month of April, in order to the due execution of their refpeclive
trulls, and having reciprocally exchanged and confidered their full powers, and declared
the fame legal and forever binding on both States, and having conferred together on
the mod effectual means of adjufting the differences fubfifling between the two States,
and of e ft abli filing and permanently fixing a boundary between them, have agreed,
and by thefe prefents for and in behalf of their refpective States do mutually agree to
the following articles. That is to fay,
Article the firft.
The moft northern branch or dream of the river Savannah from the fea or mouth of
fuch dream to the fork or confluence of the rivers now called Tugoloo and Keowee,
and from thence the moft northern branch or dream of the faid river Tugoloo till it
interacts the northern boundary line of South Carolina if the faid branch or dream of
Tugoloo extends fo far north referving all the iflands in the faid rivers Savannah and
Tugoloo to Georgia; but if the head fpring or fource of any branch or dream of the
faid river Tugoloo does not extend to the north boundary line of South Carolina, then
a wed line to the Miffiffippi to be drawn from the head fpring or fource of the faid
branch or dream of Tugoloo river which extends to the highed northern latitude —
fhall forever hereafter form the feparation limit and boundary between the States of
South Carolina and Georgia.
Article the fecond.
The navigation of the river Savannah at and from the bar, and mouth, along the
north ead fide of Cockfpur liland and up the direct courfe of the main northern chan-
nel, along the northern fide of Hutchinfon's Ifland, oppofite the town of Savannah
to the upper end of the faid ifland, and from thence up the bed, or principal dream
of the faid river, to the confluence of the rivers Tugoloo and Keowee, and from the
confluence up the channel of the mod northern dream of Tugoloo river to its fource
and back again by the fame channel to the Atlantic ocean: Is hereby declared to be
henceforth equally free to the citizens of both States, and exempt from all duties,
tolls, hindrance, interruption or moledation whatfoever, attempted to be enforced
by one State on the citizens of the other, and all the red of the river Savannah to the
fouthward of the foregoing defcription is acknowledged to be the exclufive right of the
State of Georgia.
Article the third.
The State of South Carolina {hall not hereafter claim any lands to the eadward,
fouthward foutheadward or wed of the boundary above edablifhed, but hereby relin-
quifhes and cedes to the State of Georgia, all the right title and claim which the faid
State of South Carolina hath to the government fovereignty and jurifdiclion in and
over the fame, and alfo the right of pre-emption of the foil from the native Indians,
and all other the edate property and claim which the State of South Carolina hath in
or to the faid land. Article
c
APPENDIX. &■
Article the fourth.
The State of Georgia (hall not hereafter claim any lands, to the northward or north-
eaftward of the boundary above eftablifhed but hereby l'elinquifhes and cedes to the
State of South Carolina all the right title and claim which the faid State of Georgia
hath to the government fovereignty and jurifdidHon in and over the fame, and alfo the
right of .pre-emption of the foil from the native Indians, and all other the eftate pro-
perty and claim which the State of Georgia hath in or to the faid lands.
Article the fifth.
The lands heretofore granted by either of the faid States between the forks of.
Tugoloo and Keowee (hall be the private property of the firft grantees and their refpec-
tive heirs and affigns and the grantees of any of the faid lands under the State of Geor-
gia (hall within twelve months from the date hereof, caufe fuch grants or authentic
copies thereof ratified under the feal of the State of Georgia to be depofited in the office
of the fecretary of the State of South Carolina, to the end that the fame may be
recorded there, and after the fame fhall have been fo recorded, the grantees (hall be
entitled to receive again from the faid fecretary their refpeclive grants or the copies
thereof, which foever may have been fo depofited, without any charge, or fee of office
whatfoever, and every grant which fhall not, or of which the copy certified, as above
mentioned, (hall not be fo depofited, fhall be adjudged void.
Article the fixth.
The commiflioners on the part of the State of South Carolina do not by any of the
above articles mean to cede relinquifih or weaken the right title and claim of any of the
individual citizens of the State of South Carolina to any lands fituated in Georgia par-
ticularly to the lands fituated to the fouth or fouthweil of the river Alatamaha and
granted during the adminiftrations of governor Boone in the year one thoufand feven
hundred and fixty-three, and they do hereby declare that the right and title of the faid
citizens to the fame is and ought to remain as full ftrong and effectual as if this con-
vention had not been made. The commiflioners on the part of the State of Georgia
do decline entering into any negociation relative to the lands mentioned in this article
as they conceive they are not authorized fo to do by the powers delegated to them.
IN TESTIMONY whereof the faid Charles Cotefworth Pinckney, Andrew
Pickens and Pierce Butler, for and in behalf of the State of South
Carolina and the faid John Haberiham and Lachlan M'lntofh for and in
behalf of the State of Georgia have to thefe prefents and a duplicate
thereof both indented interchangeably fet their handsand affix their feals —
Done at Beaufort, in the State of South Carolina, the twenty-eighth day
of April in the year of our Lord one thoufand feven hundred and eighty
feven and in the eleventh year of the Independence of the United States
of America.
CHARLES COTESWORTH PINCKNEY, (l. s )
ANDREW PICKENS, (L. s.)
PIERCE BUTLER, (L. s.)
JOHN HABERSHAM, (L. s.)
LACHLAN M'INTOSH. (l. s.)
7j5 APPEND! X.
N«. XXVII.
A Refolution of Congrefs, recommending a ceffion of Territory to the
United States ', dated in Oclober 1787.
Resolved,
1HAT it be, and it is hereby reprefented to the States of North Carolina and
Georgia, that the lands which have been ceded by the other States in compli-
ance with the recommendation of this body, are now felling in large quantities for
public fecuritiesi that the deeds of ceflion from the different States have been made
without annexing an exprefs condition that they fhould not operate until the other
States under like circumftances, made fimilar ceffions; and that congrefs have fuch
faith in the juftice and magnanimity of the States of North Carolina and Georgia, that
they only think it neceflary to call their attention to thefe circumftances, not doubting
but upon a confideration of the fubject, they will feel thofe obligations which will in-
duce fimilar ceffions, and juflify that confidence which has been placed in them.
N°. XXVIII.
An Acl to empower the delegates of this State in Congrefs affembled,
tofgn, feal and deliver a deed of ceffion to the United States, of
certain ivejlern territory belonging to this State,
^"/"HEREAS the United States in congrefs affembled, did on the twentieth
day of October, one thoufand feven hundred and eighty-feven, reprefent
to the States of North Carolina and Georgia, the advantages that would refult to the
union from a liberal ceffion of territory. And ivhereas this State is defirous of adopt-
ing every meafure which can tend to promote the intereft of the United States, Be it
therefore etiaEled by the reprefentatives of the freemen of the State of Georgia in general
ajfembly met, and by the authority of the fame , That it fhall be lawful for the delegates of
this State, or any two or more of them, and they are hereby fully authorifed and em-
powered, for and on behalf of this State, by proper deeds or inftruments in writing
under their hands and feals, to convey, transfer, affignand make over unto the United
States, for the ufe and benefit of the faid United States, Georgia inclufive, all right,
title and claim, as well of foil as jurifdiction, which this State hath to that territory
or tract of country within the limits of the State of Georgia, fituate, lying and com-
prehended within the boundaries herein after defcribed, that is to fay, beginning at
the middle of the river Catahouchee or Apelachicola, where it is interfered by the
thirty-firft degree of north latitude; and from thence due north one hundred and
forty Britifh ftatute miles, thence due weft to the middle of the river Miffiffippi,
thence down the middle of the faid river to where it interfe£ts the thirty-firft degree
of north latitude, and thence along faid degree to the beginning : Provided, that the
United States in congrefs affembled, fhall guarantee to the citizens of the faid territory,
APPENDIX. 757
a republican form of government, fubject. only to fuch change as may take place in the
federal conftitution of the United States : And provided a/Jo, That the navigation of
all the watersjncluded in the faid cefiion fhall be equally free to all the citizens of the
United States, nor fhaJl any tonnage on veffels or any duties whatever be laid on any
goods, wares or merchandize that may pafs up or down either of the faid waters,
unlefs for the ufe and benefit of the United States : Provided a!foy That the fum of
one hundred and feventy-one thoufand four hundred and twenty-eight dollars, and
forty-five ninetieths of a dollar, which has been expended in quieting the minds of
the Indians, and refilling their hoftilities, (hall be allowed as a charge again ft the
United States, and be admitted in payment of the fpecie requifitions of this State's
quota, that have been or may be required by the United States. And alfo} That in all
cafes when this State may require defence, the expences arifing thereon fhall be
allowed as a charge againft the United States, agreeable to the articles of the confe-
deration. And provided. That congrefs fhall guarantee and fecure all the remaining
territorial rights of this State, as pointed out and exprefTed by the definitive treaty of
peace between the United States and Great Britain j the convention between this
State and the State of South Carolina, entered into the twenty-eighth day of April,
one thoufand feven hundred and eighty-feven ; and the claufe of an act of this State,
defcribing the boundaries thereof, pafied the feventeenth day of February, one thou-
fand feven hundred and eighty-three.
II. And be it further enacted by the authority aforejiiid, That the act entitled "An act
for laying out a diftricSt of land fituate on the river Mifiiflippi-j and within the limits
of this State into a county to be called Bourbon," pafied the feventh of February, one
thoufand feven hundred and eighty-five, be and the fame is hereby repealed.
NATHAN BROWNSON, Speaker.
Augujlx) February I,. 1788.
>:<©:
N°. XXIX.
A Refolution of Congrefs dated July 15, 1788, rejetling the propofed
CeJ/ion, not on the ground of C/aim, but on account of the Terms.
THE committee confifting of Mr. Clarke, Mr. Dane, Mr. Williamfon, Mr. Car-
rington, and Mr. Wingate, to whom was recommitted, their report on a motion
of the delegates of Georgia, and an aft of the legiflature of that State,, pafied February
1 ft, 1788, for ceding a part of the territorial claims of the faid State to the United
States, having reported,
" That the faid State, by the aft aforefaid, has authorifed her delegates in congrefs,
to convey to the. United States, the territorial claim of the faid State, to a certain'tract
of country bounded as follows, to wit, Beginning at the middle of the river Catahou-
chee, or Apelachicola, where it is interfered by the thirty-firft degree of north lati-
tude, and from thence due north one hundred and forty Britifh ftatute milesj thence
due
75S APPENDIX.
due weft to the middle of the river Miffiffiippi; thence down the faid river to where
it interfaces the thirty-firft degree of north latitude; and thence along the faid degree
to the place of beginning, annexing the provifoes and conditions following, to wit,
Firft, That the United States in congrefs aflembled, fhall guarantee to the citizens of
the faid territory a republican-form of government, fubjec~t only to fuch change as
may take place in the federal conftitution of the United States. Secondly, That tke
navigation of all the waters included in the faid ceffion fhall be equally free to all the
citizens of the United States, nor fhall any tonnage on veffels, or any duties whatever
be laid on any goods, wares or merchandize that may pafs up and down the faid waters,
unlefs for the ufe and benefit of the United States. Thirdly, That the fum of one
hundred and feventy-one thoufand four hundred and twenty-eight dollars and forty-
five ninetieths of a dollar, which has been expended in q dieting the minds of the
Indians and refilling their hoftilities, (hall be allowed as a charge againft the United
States, and be admitted in payment of the fpecie requifitions of that State's quotas
that have been or may be required by the United States. Fourthly, That in all cafes
where the State may require defence, the expences arifing thereon (hall be allowed as
a charge againft the United States, agreeably to the articles of confederation: And
fifthly, That congrefs fhall guarantee and fecure all the remaining territorial rights of
the State as pointed out and exprefTed by the definitive treaty of peace between the
United States and Great Britain, the convention between the faid State and the State
of South Carolina, entered into the 28th day of April 1787, and the claufe of an a£r.
of the faid State of Georgia defcribing the boundaries thereof, pafTed the 17th of
February, 1783.
The committee having fully confidered the fubject referred to them, are of opinion
that the ceffion offered by the State of Georgia, cannot be accepted on the terms pro-
pofed. Firft, Becaufe it appears highly probable that on running the boundary line
between that State and the adjoining State or States, a claim to a large trad! of country
extending to the Miffiffippi, and lying between the tract propofed to be ceded and that
lately ceded by South Carolina, will be retained by the faid State cf Georgia, and
therefore the land which the State now offers to cede muft betoo far removed from any
other lands hitherto ceded to the union to be of any immediate advantage to it.
Second, Becaufe there appears to bedue from the State of Georgia, on fpecie requi-
fitions, but a fmall part of the fum mentioned in the third provifo or condition before
recited, and it is improper in this cafe to allow a charge againft the fpecie requifitions
of congrefs which may hereafter be made, efpecially as the faid State ftands charged to
the United States for very confiderable fums of money loaned: And third, becaufe the
fifth provifo or condition before recited, contains a fpecial guarantee of territorial rights,
and fuch a guarantee as has not been made by congrefs to any State, and which confi-
dering the fpir'it and meaning ef the confederation, muft be unnecefTary or improper.
But the committee are of the opinion, that the firft, fecond and fourth provifoes before
recited, and alfo the third, with fome variations, may be admitted; and that, fhould
the faid state expend the bounds of her ceffion, and vary the terms thereof as herein
after
APPENDIX.
after mentioned, congrefs may accept the fame; whereupon they fuhmit the follow-
ing refolutions :
That the ceffion of claims to weftern territory, offered by the State of Georgia, can-
not be accepted on the terms contained in her act paffed the firft of February laft.
That in cafe the faid State (hall authorife her delegates in congrefs to make a ceffion
of all her territorial claims to lands weft of the river Apelachicola, or weft of a meridian
line running through or near the point where that river interfe£ts the thirty -firft
degree of north latitude, and fhall omit the laft provifo in her faid act, and (hall fo far
vary the provifo refpecling the fum of one hundred and feventy-one thoufand four
hundred and twenty-eight dollars and forty-five ninetieths of a dollar, expended in
quieting and refitting the Indians, as that the faid State fhall have credit in the fpecie
requifitions of congrefs to the amount of her fpecie quotas on the paft requifitions,
and for the refidue in her account with the United Slates for monies loaned, congrefs
will accept the ceffion."
Refolved, That congrefs agree to the faid report.
N°. XXX.
Extracl from a reprefentation made to the Court of Spain on the fib-
jecl; of Boundary, <&c. by the Commiffioners of the United States on
the yth of December, 1793.
IN this ftage of their government the feveral boundaries were fixt, and particularly
the fouthern boundary of Georgia, the one now brought into queftion by Spain.
This boundary was fixt by the proclamation of the king of Great Britain their chief
magiftrate, in the year 1763, at a time when no other power pretended any claim
whatever to any part of the country through which it run — The boundary of Geor-
gia was thus eftablifhed, to begin in the Mifliffippi in latitude 31, north, and run-
ning eaftwardly to the Apelachicola, &c. From what has been faid it refults, ift,
That the boundary of Georgia, now forming the fouthern limits of the United States,
was lawfully eftablifhed in the year 1763. 2d, That it has fince been confirmed by the
only power who could at any time have pretenfions to conteft it.
N°. XXXI.
Extract from the Report of Mr. Jefferjon Secretary of State, toferve
as thebafis of Infl rued ions to our Commiffioners for fettling the points
in dijpute "with Spain.
AS to boundary, that between Georgia and Florida is the only one which •■
needs any explanation. It fets up a claim to pofTeffions within the State of
Georgia, founded on her having refcued them by force from the Britifh during the late
war. The following view of that fubjedt feems to admit of no reply.
The
759
7<5o APPENDIX.
•
The feveral States now compofing the United States of America, were, from
their firft eftablifhment, feparate and diftincl: focieties dependent on no other fociety
of men whatever. They continued at the head of their refpective governments the
executive magiftrate who prefided over the one they had left; and thereby fecured,
in effe£t, a conllant amity with the nation. In this ftage of their government their
feveral boundaries were fixt, and particularly, the fouthern boundary of Georgia,
the only one now in queftion, was eftabliflied at the firft degree of latitude from the
Apelachicola weftwardly — The fouthern limits of Georgia depend chiefly on, i ft.
The charter of South Carolina, &c. 2d. On the proclamation of the Britifh king in
i 763, eftablifliing the boundary between Georgia and Florida to begin on the Mif-
flifippi in 31 degrees north latitude, and running well to the Apelachicola, Sec.
N°. XXXII.
Ext raff of a Communication fubmit ted by Mr. Pinckney, the American
Mini ft er at Madrid to the Prince of Peace, in the courfe of the Ne-
gotiations for the late Treaty, dated the loth of Auguft, 1795? viz*
r"1 ""THIRTY-TWO years have elapfed fince all the country on the left, or eaftern
bank of the Miffiflippi, being under the legitimate dominion of the then king of
England, that fovereign thought proper to regulate with precision the limits between
the provinces of Georgia and of the two Floridas, which was done by his folemn pro-
clamation, publifhed in the ufual form; by which he eftablifhed between them pre-
cifely the fame limits, which nearly twenty years after he declared to be the fouthern
limits of the United States, by the treaty which the fame king of England concluded
with them in the month of November, 178a.
N°. XXXIII.
An Extract from the Treaty betiveen the United States and Spain,
concluded in 1795 — by ivhich the Southern Boundary of the United
States is finally fettled at Latitude 31 on the Miffiffippu
ARTICLE II.
nTO prevent all difputes on the fubjecl: of the boundaries which feparate the ter-
JL ritories of the two high contracting parties, it is hereby declared and agreed as
follows, to wit, The fouthern boundary of the United States, which divides their
territory from the Spanifh colonies of Eaft and Weft Florida, fhall be defignated by a
line beginning on the river Miffiflippi, at the northernmoft part of the thirty-fa ft
degree of latitude north of the Equator, which from thence fhall be drawn due eaft
to
A P P E N D I X. -j6j
to the middle of the river Apelachi'cola, or Catahouchee, thence along the middle
thereof to its junction with the Flint: thenee ftraight to the head of St. Mary's river,
and thence down the middle thereof to the Atlantic ocean. And it is agreed, that if
there mould be any troops, garrifons, or fettlements of either party, in the territory of
the other according to the abovementioned boundaries, they fhall be withdrawn from
the faid territory within the term of fix months after the ratification of this treaty, or
fooner if it be poffible; and that they fhall be permitted to take with them all the-
goods and effects which they poffefs.
N°. XXXIV.
An Ac! of the United States for an amicable fettlement of limits tvitb
the State of Georgia-, authorizing the eflablifoment of a government
in the Miffiffippi territory ', paffed in April 1 798.
Sec. I. ^ E z7 enaEled by the fenate and houfe of reprefentatives of the United States of
\% America in ctngrefs ajjembled, That the prefident of the United States be,
and he hereby is authorized to appoint three cornrniffioners ; any two of whom fhall
have power to adjuft and determine with fuch cornrniffioners as may be appointed
under the legiflative authority of the State of Georgia, all interfering claims of the
United States and that State, to territory fituate weft of the river Catahouchee, north
of the thirty-firft degree of north latitude, and fouth of the ceffion made to the
United States by South Carolina : And alfo to receive any propofals for the relin-
quifhment or ceffion of the whole or any part of the other territory claimed by the
State of Georgia, and out of the ordinary jurifdiction thereof.
Sec. 2. Be it further enabled, That all the lands thus afcertained as the property of
the United States, fhall be difpofed of in fuch manner as fhall be hereafter directed
by law; and the nett proceeds thereof fhall be applied to the finking and difcharging
the public debt of the United States, in the fame manner as the proceeds of the other
public lands in the territory north-weft of the river Ohio.
Sec. 3. Be it further enatled,. That all that tract of country bounded on the weft by
the Miffiffippi; on the north by a Hne to be drawn due eaft from the mouth of the
Yafous to the Catahouchee river; on the eaft by the river Catahouchee; and on
the fouth by the thirty-firft degree of north latitude, fhall be, and hereby is conftitut-
ed one diftridt, to be called the Miffiffippi Territory : And the prefident of the United-
States is hereby authorized to eftablifh therein a government in all refpects fimilar to
that now exercifed in the territory north-weft of the river Ohio, excepting and exclu-
ding the laft article of the ordinance made for the government thereof by the late con-
grefs on the thirteenth day of July one thoufand feven hundred and eighty-feven,.
and by and with the advice and confent of the fenate to appoint all the neceffary offi-
cers therein, who fhall refpectively receive the fame compenfations for their fervices ;
to be paid in the fame manner as by law eftabliffced for fimilar officers in the territory
5 O north- we ft
?6s
APPENDIX.
north-weft of the river Ohio; and the powers, duties and emoluments of a fuperin-
tendant of Indian affiairs for the fouthern department, fhall be united with thofe of
governor : Provided always, That if the prefident of the United States mould find it
molt expedient to eftablifh this government in the recefs of congrefs, he fhall never-
thelefs have full power to appoint and commifhon all officers herein authorized; and
their commiffions fhall continue in force until the end of the feffion of congrefs next
enfuing the eftablifhment of the government.
Sec. 4. Be it further enacted, That the territory hereby conftituted one difbia for
the purpofes of government, may at the difcretion of congrefs be hereafter divided
into two diftrias, with feparate territorial governments in each, fimilar to that efta-
blifhed by this aa.
Sec. 5. Be it further enabled, That the eftablifhment of this government fhall in no
refpea impair the right of the State of Georgia, or of any perfon or perfons either to
the jurifdiction or the foil of the faid territory, but the rights and claims of the faid
State and all perfons interefted, are hereby declared to be as firm and available, as
if this aa had never been made.
Sec. 6. And be it further enabled, That from and after the eftablifhment of the faid
government, the people of the aforefaid territory, fhall be entitled to and enjoy all
tnd lingular the rights, privileges and advantages granted to the people of the territory
of the United Stales, north-weft of the river Ohio, in and by the aforefaid ordinance
of the thirteenth day of July, in the year one thoufand feven hundred and eighty-feven,
in as full and ample a manner as the fame are pofleffed and enjoyed by the people of
the faid laft mentioned territory.
Sec. 7. And be it further enaBed, That from and after the eftablifhment of the
aforefaid government, it fhall not be lawful for any perfon or perfons to import or
bring into the faid Miffiffippi territory, from any port or place, without the limits of
the United States, or to caufe or procure to be fo imported or brought or knowingly
to aid or affift in fo importing or bringing any flave or flaves, and that every perfon
fo offending, and being thereof conviaed before any court within the faid territory,
having competent jurifdiaion, fhall forfeit and pay, for each and every Have fo im-
ported or brought, the fum of three hundred dollars; one moiety for the ufe of the
United States, and the other moiety for the ufe of any perfon or perfons who fhall
fue for the fame ; and that every flave, fo imported or brought, fhall thereupon
become entitled to, and receive his or her freedom.
Sec. 8. And be it further enaBed, That the fum of ten thoufand dollars be, and
hereby is appropriated, for the purpofe of enabling the prefident of the United States
to carry into effea the provifions of this aa.; and that the faid fum be paid out of any
monies in the treafury not otherwife appropriated.
JONATHAN DAYTON, Speaker of the Hsufe of Reprefentatives.
THOMAS JEFFERSON, Viee-Preftdent of the United States, and
Prefident of the Senate.
Approved — April 7, 1798.
JOHN ADAMS, Prefident of the United States,
APPENDIX. 7*3
N°. XXXV.
Treaty at Augiift'a with the Cherokee and Creek Indians ', in 1773-
GEORGIA.
At a Congrefs held at Augufta in the Province of Georgia, on the firft day of
June in the Year of our Lord one Thoufand Seven Hundred and Seventy-
three, by his excellency Sir James Wright, Bart. Captain General and Com-
mander in Chief of the faid Province, and the Honorable John Stewart, Efq.
his Majefty's fole Agent for, and fuperintendant of Indian affairs in the
Southern Diftrict of North America, and the feveral Chiefs of the Cherokee
and Creek Indians, who are authorifed and empowered by the feveral tribes
ot the Cherokees and. Creeks to attend at this Congrefs and to act for them
and each of them-.
WHEREAS the Cherokee Indians did fome time ago propofe to the aforefaid go- Treaty with the
vernor and the fuperintendant, to cede unto his moft facred majefty king George creekJadiaus..
the third a certain tract of land fituate lying and being within the province of Georgia
on the river Savannah above Little river, and extending. up Savannah riverVoove Broad
river, and crofs the country towards the Oconee river, and which the faid Cherokee In-
dians claimed as their right and property. And whereas the faid Cherokee Indians hav-
ing confidered of their great poverty and diftrefs, and finding it to be out of their power
to pay their debts due from them to their traders, in the ufual way> by hunting and
getting deer fkins, declared themfelves under the necefhty of making the above pro-
pofition and requeft'ed the faid governor and fuperintendant to lay their diftrefTed fi-
tuation before his majefty, and to implore that he would be gracioufly pleafed to ac-
cept of a ceffion of the faid lands from them, and that the fame might be appropriated
towards the payment of their debts juftly due to the unfortunate people, who had been
trading amongft them fince the peace made with them, which was in the year 1761 y
that fo their faid traders might be enabled to furnifh them with goods as ufual. And
whereas the diftreffed ftate and condition of the faid Indians, together with their
propofition and requeft as aforefaid, having been fully reprefented unto his majefty,
who being gracioufly difpofed to relieve the faid Indians from their neceffities and dif-
trefs, and to promote and preferye peace and good order between and amongft them -
and his majefty's fubjects trading with them, was pleafed to confent to receive a cef-
fion of the faid lands for the purpofes aforefaid, and hath given inftructions to his
faid governor and fuperintendant, to hold a congrefs with them and to take a ceffion
of the faid lands accordingly. And whereas the Creek Indians do alfo claim to have
a right and property in the faid lands claimed by the Cherokee Indians and propofed-
to be ceded by them as aforefaid. And whereas the faid Creek Indians in consider-
ation of the payment of the debts juftly due from them to the perfons trading with
them fince the above period, have alfo confented and agreed to join in the faid cef-
fion and alfo to add fome further lands to thofe propofed to be ceded by the Cherokee
Indians. And whereas his majefty hath been alfo pleafed to approve of the fame and,
to direct that a ceffion of all the faid lands be received and taken jointly from both-
Cherokee-
764 A P P E N D I X.
Cherokee and Creek Indians. It is therefore confented and agreed by and between
the feveral Indian chiefs prefent, and who have figned this treaty of ceflion as well
Creeks as Cherokees and who declare themfelves to be fully and abfolutely authorif-
ed and empowered by the feveral king's head men and warriors of the Upper and
Lower Creeks and of all the Cherokee country, for and in behalf of themfelves and
their feveral nations and tribes, in manner and form following, That is to fay. We
the faid Indian chiefs as well Creeks as Cherokees, do freely offer and requeft that
the faid governor and fuperintendnnt in behalf and for the ufe of his moft facred majefty
George the third and to his fucceflbrs forever, will accept of a grant and ceflion of the
feveral lands herein after mentioned and defcribed, That is to fay, to begin at the place
where the Lower Creek path inter fetts Oguechee river and along the main branch of faid
river to the fourceof the foutherrynoft branch of faid river and from thence along the
ridge between the waters of Broad river and Oconee river up to the Buffaloe Lick, and
from thence in a ftraight line to the tree marked by the Cherokees near the head of a
branch falling into the Oconee river, and from thence along the faid ridge twenty
miles above the line already run by the Cherokees, and from thence acrofs to Sa-
vannah river by a line parallel with that formerly marked by them, and the Creeks
by Saleachie and Taleachie and other head men of the Lower Creeks alfo cede from
the prefent boundary line at Phinhotaway creek on the Alatamaha river, up the
faid river to an ifland oppofite to the mouth of Barber creek, and from thence acrofs
to Oguechee river oppofite to the road about four miles above Buch Head, where a
canoe ferry ufed to be kept. And we the faid feveral Indian chiefs for ourfelves and
our feveral nations and tribes of Indians, do hereby folemnly declare that we do fully
and clearly underftand every part of this treaty and ceflion, it having, been fully inter-
preted and explained to us, and that the fame is made at our own requefts and for our
own benefit and advantage, and for and towards the payment and fatisfaclion of the
feveral debts which are juftly due and owing from us to the feveral perfons who have
traded and fupplied us with goods as aforefaid. And we the faid Creek Indian chiefs
and Cherokee Indian chiefs, in confideration aforefaid: Do by these presents, in
the moft folemn manner, for us and our feveral nations and tribes, fully and abfolute-
ly give, grant and confirm unto his moft facred majefty king George the third, all and
Angular the lands herein before mentioned and defcribed. And we do for ourfelves
and our nations and tribes as aforefaid, and for each and every of us and them fur-
render and yield up all and each and every of our refpeclive rights, titles, intereft,
claim and property of and in the aforefaid lands unto his faid majefty king George
the third, to hold the fame unto him and his fucceflbrs forever. And we the faid
Creek Indian chiefs do hereby fully and abfolutely agree that from henceforth the a-
bove lines and bounding, fhall be the mark of divifion of lands between his majefty's
fubjecls in the province aforefaid, and as the faid Creek Indians, notwithftanding any
former agreement or boundary to the contrary, and that we willjnot difturb any of
his majefty's fubjecls in their fettlements or otherwife within the lines aforefaid. In
consideration whereof, It is agreed on the part of his majefty, that the monies arif-
ing by fale of the lands ceded as aforefaid after defraying the expence of this congrefs
and
APPENDIX. 705
and fuch other charges and expences as will neceffarily arife in carrying this meafure
into execution, fhall be applied towards the payment and fatisfaction of fuch debts as
fhall appear to bejuftly. due and owing from the Indians to their traders as aforefaid.
1
IN TESTIMONY WHEREOF, we the faid governor and fuperintendant have
figned this prefent treaty or deed of ceffion, and put to it our refpeclive feals
the day and year above written, and the feveral kings and chiefs of the feveral
nations and tribes of Indians., have alfo fet their hands and feals to the fame at
the time and place aforefaid.
Note. The foregoing is taken from an official copy of the original, depofited at White-
hall in London. There being no record of this Treaty in any of the public offices
of this State.
N°. XXXVI.
Treaty at Augujla with the Cherokee Indians-, in 1783.
GEORGIA.
• Articles of a Convention held at Augufta, in the County of Richmond and Treaty with the
State aforefaid, this thirty-firft day of May, in the year of our Lord One Creek IndianSi
Thoufand Seven Hundred and Eighty-three, and in the Seventh year of the
Independence of the faid State ; between his honor Lyman Hall, Efq. Go-
vernor and Commander in Chief in and over the faid State; General John
Twiggs, Colonel Elijah Clark, Colonel W. Few, the honorable Edward Telfair,
Efq. and General Samuel Elbert, Commiffioners appointed by the Legislature
of the fame, on the one part ; and Tarpin, of the Lower towns, Tarpin, fon
of the great Warrior, the Bird-in-clofe, or the Che qua ena, Nenean Jack,
Claunaw, Chicafaw-Tue, Afcafter, Amakantie, Clau Waftie, Joenatua, Jula
Taha, John, Chifqua Una, China Wata, Calata, Junafluta and Canauta,
Heard-men, Warriors and Chiefs of the hordes or tribes of Cherokee Indians,
in behalf of the faid nation, on the other part, as follows :
WHEREAS, a good underftanding and union between the inhabitants of the
faid State and the Indians aforefaid, is reciprocally neceffary and convenient,
as well on account of a friendly intercourfe and trade, as for the purpofes of peace
and humanity : It is, therefore agreed, and covenanted —
I. That all differences between the faid parties heretofore fubfifting, fhall ceafe
and be forgotten.
II. That all juft debts due by any of the faid Indians to any of the merchants or
traders of the faid State, ihall be fairly and fully paid ; and all negroes, horfes, or
other property, taken during the late war, fhall be reftored.
III. That a new line fhall be drawn, without delay, between the prefent fettle-
ments in the faid State and the hunting grounds of the faid Indians ; to begin on
Savannah river where the prefent line ftrikes it, thence up the faid river to a place, on
the mod northern branch of the fame, (commonly called Keowee) where a north
eaft line, to be drawn from the top of the Ocunna mountain, fhall interfect ; thence
along
«*>
? 66
APPENDIX.
along* the faid line in a fouth weft direction, to the top of the faid mountain 5 thence
in the fame direction to the Tugaloo river; thence to the top of the Currohee moun-
tain •, thence to the head or fource of the mod fouthern branch of the Oconee river,
including all the waters of the fame, and thence down the middle of faid branch to
the Creek line.
IV. In confideration of the friendfhip, which the people and government of the
faid State bear to the Indians aforefaid, 'and of their good will, evidenced by their
prefent attendance, the governor and commiffioners aforefaid, have made prefents
to them of a considerable amount, which they hereby acknowledge to have received.
V. That a trade fhall be carried on by the traders and merchants of the faid State
to the towns of the faid Indians ; in which the traders who fhall refide among them,
arid the pack-horfemen in going and coming, fhall be protected ; The trade to be
fubjecT: to future regulations of government.
VI. And laftly, They the faid head men, warriors and chiefs, whofe hands and
feals are hereunto affixed, do hereby, for themfelves, and for the nation thev are
empowered and do effectually reprefent, recognize, declare and acknowledge that
all the lands, waters, woods and game, lying and being in the State eaftward of the
line herein before particularly mentioned and defcribed, is, are, and do belong, and
of right appertain to the people and government of the faid State of Georgia ; and
they, the Indians aforefaid, as well for themfelves as the faid nation,, do give up,
releafe, alien, relinquifh and forever quit-claim, to the fame, or any part thereof.
DONE and executed at Augufta aforefaid, the day and year above mentioned,
in the prefence of thofe whofe names are fubferibed.
LYMAN HALL
JOHH TWIGGS
ELIJAH CLARIC
* W. FEW
EDWARD TELFAIR
S. ELBERT
Witnefs
GEORGE WALTON.
ANDREW M'LEAN.
(.£• s.)
TARPINE
X (l. s.)
(l, S-)
TARPINE
X (l. s.)
(l. s.)
CHE QUA EN A
X (L. S.)
(l. s.)
NENEAN JACK
X (L. S.)
(jL. S.)
CLAUNAW
X (L. s.)
(l. s.)
CHICKASAW-TUE
X! (l. s.)
ASCASTER
X (L. S.)
AMAKANTIE
X(L.S.)
CLAWASTIE
M(L. s.)
JOENATUA
X(L. S.)
JULATAHA
X (l. s.)
JOHN
X (L. S.)
CHISQUA-UNA
X(L. S.)
CHINA WATA
X (L. S.)
CALATA
X (L. S.)
JUNASLUTA
X (L. S.)
CANAUTA
M(L.S.)
CAT
X (L. S.)
N°;
APPENDIX. 767
N°. XXXVII.
Treaty at Augujla ivith the Creek Indians in 1783.
GEORGIA.
Articles of convention held at Augufta, in the county of Richmond and State
aforefaid, tLis fir ft day of November in the year of our Lord one thoufand
feven hundred and eighty three, and in the eighth year of the independence
of the faid State; between John Twiggs, Elijah Clarke, Edward Telfair,
Andrew Burns, and William GJafcock, commiffioners appointed by the
authority of the fame, on the one part; and the Tallefee king, the Tallefee
warrior, the Fat king, Mad Fifth, Topwar king, Alachago, Hitcheto warrior,
Okoney, Okolege, Cufe king, Second man, Inomatuhata, Inomatawtufnigua,
Head warrior, Sugahacho, head men, warriors and chiefs of the hordes*or
tribes of Creek Indians in behalf of the faid nation, on the other part, as
follows:
HERE AS a good underftanding and union between the inhabitants of the Treaty with the
faid State, and the Indians aforefaid is reciprocally neceffary and convenient, re£r n ians*
as well on account of a friendly intercourfe and trade, as for the purpofes of peace
humanity : It is therefore agreed and.c3vsn.mted —
I. That all differences between the faid parties, heretofore fubfifting, ihall ceafe
and be forgotten.
II. That all juft debts due by any of the faid Indians to any of the merchants or
traders of the faid State, (hall be fairly and fully paid, and all negroes, horfes, cattle,
or other property taken during the late war, {hall be reftored.
III. That a new line fhall be drawn without delay, between the prefent fettlements
in the faid State, and the hunting grounds of the .faid Indians ; to begin on Savannah
river where the prefent line ftrikes it, thence up the faid river to a place on the moft
northern branch of the fame, (commonly called Keowee) where a north eaft line, to
be drawn from the top of the Ocunna mountain, (hall interfe<ft; thence along the faid
line in a fouth weft direction to the top of the faid mountain, thence in the fame
direction to Tugaloo river, thence to the top of the Currohee mountain, thence to the
head or foufce of the mod fouthern branch of the Oconee river, including all the
waters of the fame, thence down the faid river to the old line.
IV. In consideration of the friendfhip which the people and government of the
faid State bear to the Indians aforefaid, and of their good will evinced by their prefent
attendance, the commiffioners aforefaid, have made prefents to them to a confidence
amount, which they hereby acknowledge to have received.
V. That a trade {hall be carried on by the traders and merchants of the faid State
to the towns of the faid Indians, in which the: traders who (ball refide amon? them,
and the pack-horfemen in going and coming, (hall be protected: The trade to be
fubject to future regulations of Government
VI. And laitly, they the faid head men, warriors and chiefs, whofe hands and feals,
are he/eunto affixed, do hereby for themfelves and for the nation they are empowered
and
7,58 A P P E N D I X.
and do, effectually reprefent, recognize, declare and acknowledge, that all the lands,
waters, woods, and game, lying and being in the State eastward of the line herein
before particularly mentioned and defcribed, is, are and do belong, and of right apper-
tain to the people and government of- the faid State of Georgia; and they the faid
Indians aforefaid as well for themfelves, as the faid nation, do give up, releafe, alien,
relinquifh, and forever quit claim to the fame and every part thereof.
DONE and executed at Augufta aforefaid, the day and year abovemention-
ed, in the prefence of thofe whofe names are fubfcribed.
JOHN TWIGGS (l.s.) TALLESEE KING, X (l.s.)
ELIJAH CLARK (l.s.) TALLESEE WARRIOR, X (l.s.)
EDWD.TELFAIR (l.s.) • FAT KING, X (l.s.)
ANDREW BURNS (l.s.) MAD^FISH X (l.s.)
WxM. GLASCOCK (l.s.) TOP WAR KING X (l.s.)
ALACHAGO X (l.s.)
HITCHETO WARRIOR X (l.s.)
OKOLEGE X (l.s.)
CQWETAW X(l.s.)
- : . CUSEKING - : < X (l.s.)
.. SECOND-MAN :. X (l.s.)
INOMATUHATA X (l.s.)
INOMATAWTUSNIGUA X (l.s.)
SUGAHACHO X (l.s.)
Signed, fealed and delivered in prefence of Cornelius Dyfart, Richard Henfon,
John Lamar.
N°. XXXVIII.
Treaty at Galphinton ivith the Creek Indians , in 1785*
Articles of a treaty concluded at Galphinton on the 1 2th day of November one
thoufand feven hundred and eighty- five, between the, underwritten commif-
fioners, in behalf of the State of Georgia of the one part; and the kings,
head men and warriors in behalf of themfelves, and all the Indians in the
Creek nation of the other, on the following conditions;
ARTICLE I.
Treaty with the f~1^^HE faid Indians for themfelves and all the tribes or towns within their refpec-
j tive nations, within the limits of the State of Georgia, have been and now are
members of the fame, fince the day and date of the confutation of the faid State of
Georgia.
II. If any citizen of this State or other per.fon or peffons fhall attempt to fettle or
run any of the lands referved to the Indians for their hunting grounds, fuch perfon or
perfons may be detained until the governor fhall demand him or them, and then it
fhall be lawful for any of the tribes near fuch offenders to come and fee the punifh-
ment,
Creek Indians.
APPENDIX. 709
silent, according to fuch laws as now are or hereafter fhall be enacted by the faid Stats
for trying fuch offences.
III. It fhallin no cafe be underftood, that the punifhment of the innocent, under
the idea of retaliation fhali be p radii fed on either fide.
IV. If anv citizen of this State or other white perfon or perfons fhall commit a
robbery or murder or other capital crime on any Indian, fuch offenders fhall be
delivered up to juftice, and fhall be tried according to the laws of the State, and due
notice of fuch intended punifhment fhall be fent to fome one of the tribes.
V. If any Indian fhall 'commit a robbery or murder or other capital crime on any
white perfon, fuch offenders fhall receive a punifhment adequate to fuch offence, and
due notice of fuch intended punifhment fhall be given to his honour the governor.
VI. In cafe of any defign being formed in any neighbouring tribes, againfc the peace
or fafetv of the State, which they fhall know or fufpec"t,_they fhall make known the
fame to his honor the governor.
VII. All white perfon or perfons fhall be at liberty and conducted in fafety into
the fettled parts of the State when they fhall require it, except fuch perfons as fhall come '
under the reftriclions pointed out in the fecond article.
VIII. The faid Indians fhall reftore all the negroes, horfes or other property that
are or may be among them, belonging to any citizen of this State or any other perfon
or perfons whatever, to fuch perfon as the governor fhall direct.
IX. That the trade with the faid Indians fhall be carried on as heretofore.
X. All horfes belonging to any Indian that fhall be found in the faid State, fuch
horfes fhall be reftored to fuch perfon as the head men of the tribe where fuch Indian
may refide fhall direct.
XL The prefent temporary line referved to the Indians for their hunting ground,
(hall be agreeable to the treaty held at Augufta in the year one thoufand feven hundred
and eighty-three-, and that a new temporary line fhall begin at the forks of the Oconee
and Okmulgee rivers, thence in a fouth*weft direction, until it fhall interfecx the moft
fouthern part of the ftream called St. Mary's river, including all the ifiands and waters
of the faid ftream, thence down the faid river to the old line. And all the ground
without the faid new temporary lines when run and completed fhall be referved to the
Indians for their hunting grounds as aforefaid.
• In witness whereof the parties have hereunto affixed their hands and feals the
day and year before written.
On the part of the State,
JOHN TWIGGS (l.s.)?,, ■„
ELIJ AH CLARK (l.s.) $ ^™mM™*™
On the part of the Indians,
WARRIOR KING X (l.s.) POHELTHE OAKFUSKIES X (l.s.)
O'KEMULGEY TUSKONUCKY X (l.s.) INNEHANA U FOLLIES X (l.s.)
TUSKIAMICKO X (l.s.) ABICO TUSKANUCKY X (l.s.)
CUSRATER MICKO X (l,s.) INNEHA MICKO X (l.s.)
ENEHALUCKO X (l.s.) YAHOLO MICKO X (l.s.)
5 E COSO
Cherokee Indi
a ns.
$o .APPENDIX.
COSO MICKO K(l.s.) DICKSON TALLIC QS X (l.s )
OPOHEL THE MICKO X (l.s.) UPAI.AHAJOE X (l.s.)
CUSO MICKO X(l.s.) OPOYHAJOE X (l s.)
WARTUCKO MICKO X (l.s.)
Signed, fealed and delivered in prefence of Thomas Glafcock, John King, J. Cle-
ments, Jared Irwin, James Darouzeaux, I. P. T. for State of Georgia, Philip Scott
hisX mark, William Moore.
N°. XXXIX.
Treaty at Hopewell ivitb the Cherokee Indians, in 1785.
ORIGINAL.
Articles of a Treaty concluded at Hopewell, on the Keowee, between Benja-
min Hawkins, Andrew Pickens, Jofeph Martin, and Lachlan M'Intofh,
commiffioners plenipotentiary of the United States of America, of the one
part, and the head men and warriors of all the Cherokees of the other.
Treaty with the ripHE commiffioners plenipotentiary of the United States in congrefs aflembled
give peace to all the Cherokees, and receive them into the favor and proteaion
of the United States of America, on the following conditions.
ARTICLE I.
The headmen and warriors of all the Cherokees, (hall reftore all the prifoners,
citizens of the United States, or fubjeas of their allies, to their entire liberty : They
{hall alfo reftore all the negroes, and all other property taken during the late war
from the citizens, to iuch perfon, and at fuch time and place as the commiffioners
fhall appoint.
ARTICLE II.
The commiffioners of the United States in congrefs aflembled, fhall reftore all the
prifoners taken from the Indians, during the late war, to the head men and warriors
of the Cherokees, as early as is praaicable.
ARTICLE III.
The faid Indians for them felves, and their refpeaive tribes and towns, do acknow-
ledge all the Cherokees to be under the proteaion of the United States of America,
and of no other fovereign whofoever.
ARTICLE IV.
The boundary allotted to the Cherokees for their hunting grounds, between th®
faid Indians and the citizens of the United States, within the limits of the United
States of America, is, and (hall be the following, viz. Beginning at the mouth of
Duck river on the Teneffee; thence running north eaft to the ridge dividing the
waters running into Cumberland from thofe running into the Teneffee; thence eafl-
wardly along the faid ridge to a north-eaft line to be run, which ftrike the river
Cumberland forty miles above Nafhville; thence along the faid line to the river ;
thence
A P P E N D I X. 771
thence up the faid river to the ford where the Kentucky road croiTes the river ; thenceP
to Campbell's line, near Cumberland gap*, thence to the mouth of Clauds creek on-
Holftein; thence to the Chimney top mountain ; thence to Camp creek, near the
mouth of Big Lirneftone, on Nolichuck-y ; thence a foutherly courfe fix miles to a
mountain; thence fouth to the North Carolina line; thence to the South Carolina-
Indian boundary, and along the fame fouth-weft over the top of the Oconee moun-
tain till it fhall ftrike Tugaloo river ; thence a direct line to the top of the Currohee.
mountain ; thence to the head of the fouth fork of Oconee river.
article v.
If any citizen of the United States, or other perfon not being an Indian, {halt
attempt to fettle on any of the lands weftward or fouthward of the faid boundary-
which are hereby allotted to the Indians for their hunting grounds, or having already
fettled and will not remove from the fame within fix months after the ratification of
this treaty, fuch perfon fhall forfeit the protection of the United States, and the
Indians may punifh him or not as they pleafe : Provided never the lefs, That this article
fhall not extend to the people fettled between the fork of French Broad and Holftein
rivers, whofe particular lituation fhall be tranfmitted to the United States in congrefs
afiembled for their decifion thereon, which the Indians agree to abide by.
ARTICLE VI.
If any Indian or Indians, or perfon refiding among them, or who fhall take refuge
in their nation, fhall commit a robbery, or murder, or other capital crime, on any
citizen of the United States, or perfon under their protection, the nation, or the
tribe to which fuch offender or offenders may belong, fhall be bound to deliver him
or them up to be punifhed according to the ordinances of the United States ; Provided,
That the punifhment fhall not be greater than if the robbery or murder, or other
capital crime, had been committed by a citizen on a citizen.
ARTICLE VII.
If any citizen of the United States, or perfon under their protection, fhall commit
a robbery or murder, or other capital crime, on any Indian, fuch offender or offen--
ders, fhall be punifhed in the fame manner as if the murder or robbery, or other capi-
tal crime, had been committed on a citizen of the United States ; and the punifhment
fhall be in prefence of fome of the Cherokees, if any fhall attend at the time and
place, and that they may have an opportunity fo to do, due notice of the time of fuch
intended punifhment fhall be fent to fome one of the tribes.
ARTICLE VIII.
It is underftood that the punifhment of the innocent under the idea of retaliation, is
unjuft, and fhall not be practifed on either fide, except where there is a manifeft
violation of this treaty; and then it fhall be preceded firlt by a demand of juftice, and
if refufed, then by a declaration of hoflilities.
ARTICLE IX.
For the benefit and comfort of the Indians, and for the prevention of injuries or
oppreffions on the pare of the citizens or Indians^ the United States ►ngrefs affem-
bledi
77?. APPENDIX.
bled fhall have the fole and exclufive right of regulating the trade with the Indians,
and managing all their affairs in fuch manner as they think proper.
ARTICLE x.
Until the pleafure of congrefs be known, refpecting the ninth article, all traders,
citizens of the United States, {hall have liberty to go to any of the tribes or towns of
the Cherokees to trade with them, and they fhall be protected in their perfons and
property, and kindly treated.
ARTICLE XI.
The faid Indians fhall give notice to the citizens of the United States, of any de-
figns which they may know or fufpect to be found in any neighbouring tribe, or by
any perfon whofoever, againft the peace, trade or intereft of the United States.
ARTICLE XII.
That the Indians may have full confidence in the juftice of the United States, re-
flecting their interefts, they fliall have the right to fend a deputy of their choice,
whenever they think fit, to congrefs.
ARTICLE XIII.
The hatchet fhali be forever buried, and the peace given by the United States, and
friendlhip re-eftabliJhed between the faid States on the one part, and all the Chero-
kees on the other, fliall be univerfa! ; and the contracting parties (hall ufe their utmoffc
endeavors to maintain the peace given as afore faid, and friendship re-eftablifhed.
In witness of all and every thing herein determined, between the United
States of America, and all the Cherokees, We their underwitten cornmiffi-
oners, by virtue of our full powers have figned this definitive treaty, and have
caufed our feals to be hereunto affixed. ^
DONE at Hopewell, on the Keowee, this twenty-eighth of November, in
the year of our Lord one thoufand feven hundred and eighty-five.
BENJAMIN HAWKINS (l.s.)
ANDREW PICKENS (l.s.)
JOSEPH MARTIN (l.s.)
LACHLAN MTNTOSH (l.s.)
KO ATOHEE, or Corn Taffel of Toquo . ft (l.s.)
SCHOLAUETTA, or Hanging Man of Chota X 'l.s.)
TUSKEGATAHU, or Long Fellow of Chriftohoe X (l.s.)
OSKWHA, or Abraham of Chilkowa X (l s.)
KOLAKUSTA, or Prince of North Jxj (l.s.)
NEWOTA, or the Gritzs of Chicamaga X(L.s.)
KONATOTA, or the Rifing Fawn of HighwafTay X (l.s.)
TUCKASEE, or Young Tarrapin of Allajoy X ;ls,)
TOOSTAKA, or the Waker of Ooftanwa X'L-s.)
UNTOOLA, or Gun Rod of Seteco M (L.s.)
UNSUOAKANAIL, BufFaloe White Calf New Ciiffee X(l.s.)
KOSTAYEAK, or Sharp Fellow Wataga X (l.s.)
CHONOSTA,
APPENDIX. ■ 773
CHONOSTA, ofCowe X (i-s.)
CHESCOONWHA, Bird in Clofe of Tornotlug X (L.s.)
TUCKASEE, or Tarrapin of Hightowa X (L s-)
CHESETOA, or the Rabbit of Flacoa X (*»«)
CHESECOTETONA, or Yellow Bird of the Pine Log X (l.s.)
SKETALOSKA, Second Man of Tillico X (L-s )
CHOKASATAHE, Chickafaw killer Tafonta X (l.s.)
ONANOOTA, of Koofoatee X (l.s.)
OOKOSETA, or Sower Mufh of Kooloque X (l.s.)
UMATOOETHA, the Water Hunter, Choikamawgce X(l.s.)
WYUKA, of Lookout Mountain X (l.s.)
TULCO, or Tom of Chatuga X {l.s.}
WILL, of Akoha X (l.s.)
NECATEE, ofSawta X (l.s.)
AMOKQNTAKONO, Kutcloa X (l.s.)
KOWETATAHEE, in Frog Town X (l.s.) t
KEUKUCH, Talkoa " X (l.s.)
TULATISCA, ofChaway X (l.s.)
WOOALUKA, the Way Layer, Chota X (l.s.)
TATL1USTA, or Porpus of Tilafli X (l.s.)
JOHN, of Little Tallico X (l.s.)
SKELELAK, X (l.s.)
AKONOLUCHTA, the Cabin 'X (l.s.)
CHEN ANOKA, of Kawetakac X(l.s.)
YELLOW BIRD xJl.s.)
WITNESS— Wm. Blount, Samuel Taylor, major John Owen, Jeffe Walton,
John l/owan, captain commandant, Thomas Gegg, W. Hazzard.-— — James Maddi-
fon, Arthur Coody, fworn interpreters.
N". XL.
Treaty at Hop eiv ell with the Choclaiv Indians, in 1786.
ORIGINAL.
Articles of a Treaty concluded at Hopewell, on the Keowee, near Seneca Old
Town, between Benjamin Hawkins, Andrew Pickens, and Jofeph Martin,
Commiflioners Plenipotentiary of the United States of America, of the one
part ; and Yockonahoma, great medal Chief of Soonacoha : Yockahoopoie,
leading Chief Bugtoogoloo ; Mingohoopoie, leading Chief of Hafhooqua ;
Tobocoh, great medal Chief of Congetoo ; Poofhemaftubie, gorget Captain
of Senayazo; and thirteen fmall medal Chiefs of the firft clafs, twelve medal
and gorget Captains, Commiflioners Plenipotentiary of all the Choctaw na-
tion, of the other part. x
THE commiflioners plenipotentiary of the United States of America give peace to Treaty wit^the
all the Cho&aw nation, and receive them into the favor and .protection of the anij°
United States of America on the following conditions. article
774 APPENDIX,
ARTICLE I.
The cornmiflioners plenipotentiary of all the Choctaw nation, fhall reflore all the
prifoners, citizens of the United States, or fubjecls of their allies, to their entire
liberty, if any there be in the Choctaw nation. They (hall alfo re (lore all the negroes,
and all other property taken during the late war, from the citizens, to fuch perfon,
and at fuch time and places as the cornmiflioners of the United States of America
{hall appoint, if any there be in the Chodtaw nation.
ARTICLE II.
The cornmiflioners plenipotentiary of all the Choctaw nation, do hereby acknow-
ledge the tribes and towns of the faid nation, and the lands within the boundary
allotted to the faid Indians to live and hunt on, as mentioned in the third article, to be
under the protection of the United States of America, and of no other fovereign
v/hofoever.
ARTICLE III.
The boundary of the lands hereby allotted to the Choctaw nation to live and hunt
on, within the limits of the United States of America, is and fhall be the following,
viz. Beginning at a point on the thirty-firft degree of north latitude, where the
eaftern boundary of the Natches d iff wet fhall touch the fame 5 thence eaft along the
faid thirty-firft degree of north latitude, being the fouthern boundary of the United
States of America, until it fhall ftrike the eaftern boundary of the lands on which the
Indians of the faid nation did live and hunt on the twenty-ninth of November, one
thoufand feven hundred and eighty-two, while they were under the protection of the
king of Great Britain; thence northerly along the faid eaftern boundary, until it (hall
meet the northern boundary of the faid lands; thence wefterly along the faid northern
boundary until it fliall meet the weftern boundary thereof; thence foutherly along the
fame to the beginning: faving and referving for the eftablifhment of trading ports,
three tracts or parcels of land of fix miles fquare each, at fuch places as the United.
States in congrefs aflembled fliall think proper; which pofts, and the lands annexed
to them, (hall be to the ufe and under the government of the United States of
America.
ARTICLE IV.
If any citizen of the United States, or other perfon not being an Indian, fhall
attempt to fettle on any of the lands hereby allotted to the Indians to live and hunt
on, fuch perfon fliall forfeit the protection of the United States of America, and the
Indians may punifh him or not as they pleafe.
ARTICLE V.
If any Indian, or Indians, or perfon rending among them, or who fhall take refuge
in their nation, fliall commit a robbery or murder or other capital crime on any
citizen of the United States of America, or perfon under their protection, the tribe
to which fuch offender may belong, or the nation, fhall be bound to deliver him or
them up to be punifhed according to the ordinances of the United States in congrefs
aflembled: Provided, That the punifnment fhall not be greater than if the robbery *or
murder, or other capitah crime, had been committed by a citizen on a citizen.
ARTICLE
APPENDIX, 775
%
ARTICLE VI.
If any citizen of the United States of America, or pcrfon under their prote&ionj
fhall commit a robbery or murder, or other capital crime, on any Indian, fuch offender
or offenders, fhall be punifhed in the fame manner, as if the robbery or murder, or
other capital crime had been committed on a citizen of the United States of America;
and the punifhment fhall be in prefence of fome of the Chodtaws, if any will
attend at the time and place: and that they may have an opportunity fo to do, due
notice, if practicable, of the time of fuch intended punifhment fhall be fent to fome
one of the tribes.
ARTICLE VII.
It is underftood that the punifhment of the innocent, under the idea of retaliation,
is unjufl, and fhall not be pratlifed on either fide, except where there is a manifeft
violation of this treaty; and then it fhall be preceded, fir ft by a demand of juftice,
and if refufed, then by a declaration of hoftilities.
ARTICLE VIII.
For the benefit and comfort of the Indians, and for the prevention of injuries or op-
preffions on the part of the citizens or Indians, the United States in congrefs affembled
fhall have the fole and exclufive right of regulating the trade with the Indians, and
managing all theif affairs in fuch manner as they think proper.
ARTICLE IX.
Until the pleafure of congrefs be known, refpecting the eighth article, all traders,
citizens of the United States of America, fhall have liberty to go to any of the tribes
or towns of the Cho&aws, to trade with them, and they fhall be protected in their
perfons and property, and kindly treated.
ARTICLE X.
The faid Indians fhall give notice to the citizens of the United States of America,
of any defigns which they may know or fufpecl: to be formed in any neighbouring
tribe, or by any perfon whofoever, againit the peace, trade or intereft of the United
States of America.
ARTICLE XI.
The hatchet fhall be for ever buried, and the peace given by the United States of
America, and friendfhip re-eftablifhed between the faid States on the one part, and all
the Choctaw nation on the other part, fhall be univerfal ; and the contracting parties
fhall ufe their utmoft endeavors to maintain the peace given as aforefaid, and friendfhip
re-eftablifhed.
IN Witnefs of all and every thing herein determined, between the United States
of America and all the Cho£taws, we their underwritten commiffioners, by
virtue of our full powers have figned this definitive treaty, and have caufed
our feals to be hereunto affixed,
DONE
77^ A P P- E N D 1 X..
BONE at Hopewell on the-Keowee, l&ls third day of January, in the year of
<sur Lord one thoufand feven hundred and eighty-fix.
BENJAMIN HAWKINS (l.s.)
ANDREW PICKENS (l.s,)
JOSEPH MARTIN (l.s.)
TOOTEHOOMA X (l.s.) YOOSTENOCHHA X (l.s.)
TOOBENOHOOMQCH X (l.s.) CSHECOQPOOHOQMGCH X! (l.s.)
YOCKENAKOMA X (l.s.) STONAKOOITOOPOIE X (l s.)
YOCKEHOOPOIE X (l.s.) TUSHKOHEEGOHTA X(l.s.)
MINGOHOOPIE X(l.s.) TESHUHENOCHLOCH X (l.s.)
TOBOCOH X(l.s.) POOSHONALTLA X (l.s.)
POOSHEMASTUBY X (l.s.) OKANCONNOOBA X (l.s.)
POOSHAHOOiMA X (l.s.) AUTOONACHUBA X (l.s )
TUSCOONOOHOOPOIE X (l.s.) PANGEKOOLOCH x (l.s.)
SH1NSHEMASTUBY X (l.s.) STEABEE M (l.s.)
YOOPAKOOMA X (l.s.) TENCTEHENNA X (l.s.)
STOONOKOOHOOPOIE X (l.s.) TUSHKEMENTAHOCK X (l s.)
TEHAKUKBAY X (l.s.) TUSHTALLAY X (l.s.)
POOSHEMASTUBY X (l.s.) CSHNAANGCHABBA* X (l.s.)
TUSKKAHOOMOCH X (l.s.) CUNNOPOIE . X (l.s.)
TUSHKAHOOMOCH X(l.s.)
WITNESS— William Blount, John Woods, Samuel Taylor, Robert Anderfon,
Benjamin Lawrence, John" Pitchlynn, James Cole, Interpreters.
N<\ XLI.
Treaty at Hopewell 'with the Chickafaiv Indians, in 178(3.
ORIGINAL.
Articles of a Treaty, concluded at Hopewell, on the Keowee, near Seneca Old
Town, between Benjamin Hawkins, . Andrew Pickins, and Jofeph Martin,
Commiflioners Plenipotentiary, of the United States of America, of the one
part: AndPiomingO, head Warrior and firft Minifter of the Chickafaw Na-
tion; Mingatuika-, one of the leading Chiefs; and Latopoia, tirfl beloved,
man of the faid nation, Commiflioners Plenipotentiary of all the Chickafaws,
of the other part.
Treaty with the r^~^HE commiflioners plenipotentiary of the United States of America give peace
Chickafaw In- -Q ^ Chickafaw nation, and receive them into the favor and protection of the.
faid States, on the following conditions.
article Ji
The commiflioners plenipotentiary of the Chickafaw nation, fhall reftore all the pri-
foners, citizens of the United States, to their entire liberty, if any there be in the.
Chickafaw nation. They (hall alfo reftore all the negroes, and other property taken
during ;
APPENDIX. 777
during the late war, from trie citizens, if any there be in the Chickafaw nation, to
fuch perfon, and at fuch time and place, as the commiffioners of *'ie United States
of America (hall appoint.
ARTICLE II.
The commidioners plenipotentiary of the Chickafaws, do herebv acknowledge the
tribes and towns of the Chickafaw nation ; to be under the protection of the United
States of America, and of no other fovereign whatfoever.
ARTICLE III.
The boundary of the lands hereby allotted to the Chickafaw nation to live and hunt
on, within the limits of the United States of America, is, and (hall be the following,
viz. Beginning on the ridge that divides the waters running into the Cumberland, from
thofe running into the Teneffse, at a point to be run in a line north-eaft, which fhall
ftrike the Tent (Tee, at the mouth of Duck river; thence running wefterly along the
faiJ ridge, till it fhall ftrike the Ohio; thence down the fouthern banks thereof to the
Miffiffippi; thence down the fame, to the Choctaw line or Matches diftridt; thence
along the faid line, or the line of the diftricSt. eaftwardlyas far as the Chickafaws claimed,
and lived and hunted on, the twenty-ninth of November, one thoufand feven hundred
and eighty- two: Thence the faid boundary eaftwardly, fhall be the lands allotted to
the Chocktaws and Cherokees to live and hunt on, and the lands prefent in the
poffeffion of the Creeks; faving and referving for the eftablifhment of a trading
poft, a tract or parcel of land to be laid out at the lower port of the Mufcle Shoals,
at the mouth of Ocochappo, in a circle, the diameter of which fhall be five miles on
the * river, which poft, and the lands annexed thereto, fhall be to the ufe
and under the government of the United States of America.
ARTICLE IV.
If any citizen of the United States, or other perfon not being an Indian, fhall at-
tempt to fettle on any of the lands, hereby allotted to the Chickafaws to live and hunt
on, fuch perfon fhall forfeit the protection of the United States of America, and the
Chickafaws may punifh him or not as they pleafe.
ARTICLE v.
If any Indian or Indians, or perfons refiding among them, or who fhall take re-
fuge in their nation, fhall commit a robbery or murder, or other capital crime, on
any citizen of the United States, or perfons under their protection, the tribe to
which fuch offender or offenders may belong, or the nation, fhall be bound to
deliver him or them up to be punifhed according to the ordinances of the United
States in congrefs affembled: Provided, That the punifhment fhall not be greater,
than if the robbery or murder, or other capital crime, had been committed by a citi-
zen on a citizen.
ARTICLE VI.
If any citizen of the United States of America, or perfon under their protection,
fhall commit a robbery or murder, or other capital crime, on any Indian, fuch offender
or offenders fhall be punifhed in the fame manner as if the robbery or murder or
S F other
* The name of the river is not in the original.
778 A P P E N D I X.
other capital crime had been committed on a citizen of the United States of America j
and the punifhment fhall be in prefence of fome of the Chickafaws, . if any will attend
at the time and place, and that they may have an opportunity fo to do, due notice, if
practicable, of fuch intended punifhment, lhall b efent to fome one of the tribes.
ARTICLE VII.
It is underftood that the punifhment of the innocent under the idea of retaliation
is unjuft, and fhall not be prndtifed on either fide, except where there is a manifeft
violation of this treaty ; and then it fhall be preceded, firft by a demand of juftice,
and if refufed, then by a declaration of hoftilities.
ARTICLE VIII.
For the benefit and comfort of the Indians, and for the prevention of injuries
or oppreffions on the part of the citizens or Indians, the United States in congrefs
affembled fhall have the fole and exclufive right of regulating the trade with the In-
dians, and managing all their affairs in fuch manner as they think proper.
ARTICLE IX.
Until the pleafure of congrefs be known, reflecting the eighth article, all traders,
citizens of the United States, fhall have liberty to go to any of the tribes or towns
of the Chickafaws to trade with them, and they fhall be protected in their perfons
and property, and kindly treated.
A- TICLE X.
The faid Indians fhall give notice to the citizens of the United States of America,
of any defigns which they may know or fufpecl: to be formed in any neighbouring
tribe, or by any perfon whofoever, againft the peace, trade or intereft of the United
States of America.
ARTICLE XI.
The hatchet fhall be forever buried, and the peace given by the United States of
America, and friendfhip re-eftablifhed between the faid States on the one part, and
the Chickafaw nation on the other part, fhall be univerfal ; and the contracting par-
ties fhall ufe their utmoft endeavours to maintain the peace given as aforefaid, and
friendfhip re-eftablifhed.
In witness of all and every thing herein contained, between the faid States
and Chickafaws, We their underwritten commiffioners, by virtue of our
full powers, have figned this definitive treaty, and have caufed our feals to
be hereunto annexed.
DONE at Hopewell on the Keowee, this tenth day of January, in the year of
our Lord one thoufand feven hundred and eighty-fix.
BENJAMIN HAWKINS, (l. s.) PIOMINGO, M(l. s.)
ANDREW PICKINS, (l. s.) MINGATUSKA, M(l.s.)
JOSEPH MARTIN, (l. s.) LATOPOIA, X(l. s.)
WITNESS, William Blount, William Hazzard, Samuel Taylor.— James Cole,
fworn interpreter.
N*.
w
APPENDIX. 119
N«. XLII.
Treaty at Shoulder-bone ivith the Creek Indians, in 1786.
GEORGIA.
Articles of a Treaty of peace, amity, and commerce, concluded near the mouth
of Shoulder-bone Creek, a branch of the Oconee River the third day of No-
vember, in the year of our Lord one thoufand feven hundred and eighty-fix, and
of the Independence of the United States of America the eleventh, between the
fubfcribing Commiflioners in behalf of the State of Georgia of the one part,
and the underwritten Kings, head men, and Warriors, in behalf of the
Creek Nation on the other, on the following conditions, namely.
HERE AS fince the figning of the laft treaty held at Galphinton and dated the Treaty with the
twelfth day of November one thoufand feven hundred and eighty-five, be- reei n ians'
tween commiflioners appointed by the faid State, and the kings, head men and warri-
ors of the faid Creek nation, acts of hoftility have been committed by parties of the
Indians on the inhabitants of the faid State, in violation of the faid treaty, whereby
the friendship and harmony fo effentially neceffary to both parties have been greaily
difturbed. And whereas the faid parties are now mutually defirous of renewing
a treaty, which may comprehend fuch articles as will give fatisfa£tion to the party in
jured, and reftore peace, friendfhip, and commerce to both. It is therefore cove-
nanted and agreed.
Fir/i, The Indians for themfelves and the reft of the kings, head men and warriors of
the Creek nation, do promife and engage that fix of their people who were of the
parties that murdered the fame number (fay fix) of the white inhabitants laft fpring
(hall be put to death in a manner fatisfa£tory to the perfon or perfons whom his honor
the governor or the commiflioners may fend to fee it done. And that the white peo-
ple who were the means of the faid murders being committed fhall be removed from
the nation without delay,
Secondy All negroes, horfes, cattle and other property now in the nation, and
which were taken from rhe inhabitants of Georgia, fhall be reftored to fuch perfon
or perfons as his honor the governor or the commiflioners fhall direct. All white
or other free people in the nation who are held as prifoners or fiaves fhall alfo be de-
livered up to the aforefaid perions.
ThirJ, If any citizen of this State or other perfon or perfons fhall attempt to fettle
or run any of the lands referved for the Indians for their hunting grounds, fuch per-
fon or perfons may be detained until the governor fhall be informed thereof and de-
mand him or them, and then any of the tribes near fuch offenders to come and fee
the punifhment according to fuch laws as now are or hereafter may be enadted by the
faid State for trying fuch offenders.
Fourth^ The punifhing of innocent perfons under the idea of retaliation fhall not
be practifed on either fide.
b if thy If any citizen of the State, or other white perfon or perfons fhall commit a
robbery or murder or other capital crime on any Indian, fuch offender fhall be deli-
vered
78o APPENDIX.
vered up to juftice, and be tried according to the laws of the State, and due notice
of fuch intended punifnment (hall be fent to fonie one of the tribes.
Sixth, If any Indian (hall commit a robbery or murder or other capital crime on
any white perfon, fuch offender fhall receive a punifnment adequate to the offence,
and due notice of fuch intended punifnment mall be given to his -honor the gover-
nor.
Seventh, If the Indians mall know or fufpecl of any defign of any neighbouring
tribes againft the peace or fafety of this State, they fhall make the fame known in
the moft expeditious manner to his honor the governor.
Eighth, All white perfdns (hall be at liberty and conducted in fafety into the fet-
tled parts of the State, when they fhall require it, except fuch perfons as fhall come
under the reftriclions pointed out in the third article.
Ninth, The trade with the Indians fhall be carried on as heretofore. And all juft
debts due by any of the faid Indians to any of the merchants or traders of the faid
State fhall be fairly and fully paid.
Tenth, The prefent temporary lines referved to the Indians for their hunting
grounds, fhall be agreeable to the treaties held at Augufta and Galphinton the form-
er bearing date the firft day of November one thoufand feven hundred and eighty-
three, and the latter the twelfth day of November one thoufand feven hundred and
eighty-five, every part of which is hereby fully confirmed. And the faid lines fhall be
marked as foon as the Indians can poffibly make it convenient to come down and fee it
done, the prefent being their hunting feafon. And of their intention of attending
for the faid purpofe they fhall notify his honor the governor at leaft one month be-
fore their departure from the nation.
Eleventh, After the aforefaid lines are marked, neither white perfons nor Indians
fhall be allowed to pafs them without a fpecial licence for that purpofe, that for a
white perfen to be from under the hand of his honor the governor, and that for a
trader or Indian from under the hand of the agent of the State or his deputy refiding
in the nation. Any perfon of either party who fhall be found tranfgreffing this ar-
ticle fhall be detained until the authority to whom fuch offender belongs fhall be in-
formed thereof.
Twelfth, In proof of their good faith and fincere intentions to perform the before
mentioned articles, and for the fecurity of the inhabitants of the faid State, the Indians
agree to leave in the hands of the commiffioners five of their people, namely Chu-
wocklie Mico (of the Cowetas) Cuchas Mico (of the Cuffetas) Suckawockie (brother
to the laft named, alfoof the Cuffetas) Eneathlocks (fecond man of the broken arrow)
and Enautaleche (nephew to the head man of the Swaglos). The faid Indians during
their ftay among the white people fhall be provided with comfortable diet, lodging
and clothing, and be well treated in every other refpect.
In
A P .P E N D I X.
1$i
In witness whereof the parties have hereunto affixed their hands and feals the
day and year before mentioned.
On the part of the State,
JOHN HABERSHAM,
ABRAHAM RAVOT,
J. CLEMENTS,
JAMES M'NEIL,
JOHN KING,
JAMES POWELL,
FERDINAND ONEAL,
JARED IRWIN,
L.S.
L S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
On the part of the Indians,
CUSA MICO
NINNEHOMOHTA-TUSTE
NUCKIE MICO
MICO CHEE,
HOTHLEPOYA MICO
OPOHETHLE MICO, or
Tallefee King,
OPAYA LATA,
OPAYA HAJO,
EUFALLA TESTONOKY
OKELLASA HAJO
ENEATHLACO OPAYA
WAWLATA MICO
OPAYA EMATHLA
OCKEHAN HAJO
OLACKTA
TULJISCA MICO
TUSTO NUCKIE
HOTTESY MICO
OSUCHEE MATHLA
CVSSITA MICO
ENEA MICO
ENEA THLACO
EPHA TUSTO NUCKIE,
ESPANE TUSTO NUKIS
GOPPITCHU TUSTO
NUCKE
OKE LESA
COUSA TUSTONUCKE
YAHOLA MICO
ECONEHOT HAJO
CUSA MICO
CUCHAS MICO *
X(l.s.) OCHUNNEE HOLA
FOUSACHEE MICO
THOLAU HAJO
TUSIKIA MICO
AUSUNUCK TUSTO-
NUCKE
TUSIKIA MICO
TEOMY TUSTO NUCKE
TOLOBE MATHLA
HITCHETA MICO
OPAYE TUSTO NUCKIE
TUSTO NUCKIE
AULACK HAJO
ENEA THLACO
HOP AYE MICO
OTHLEPOYA MICO
CHUWACKLE MICO
ENEUTHLOCKO
OLACTE EMATHLA
MUOJOY
HALLATOWEGIE
WILL JONES
CHATOSSAHA
SOKAKOWAY
CUCHAS HAJO
TOUTKIS HAJO
OPAYOUCHEE
TUSK ENCHA
WAKSE HAJO
x(
L.S.)
x(
L.S.)
x(
L.S.)
x(
L.S.)
x<
L.S.)
x<
L.S.)
x<
L.S.)
X
[l.s.)
XI
[l.s.)
X
L.S )
x(
L.S.)
x<
[l.s.)
x<
[l.s.)
X
[l.s.)
X
[l.s.)
X
[l.s.)
X
[l..s)
X
[l.s.)
X
L.S.)
X
[l.s.)
X
[l.s.)
X
(l.s.)
X
[l.s.)
X
[l.s.)
X
[l.s.)
X
(l.s.)
X
(l.s.)
X
(l.s.)
X
(l.s.)
XI (l.s.)
X(l.s.)
X(l-s.)
X(l.s.)
X (L-s0
X(L-S-)
x(L-s>)
x(L-s-)
X(l.s.)
P>C 1 L • o • I
X (l.s.)
X h-s.)
X (l.s.)
X(l,s )
X (l.s.)
X (l.s.)
X (l.s.)
X (l.s.)
XJ(l,s.)
X(l.s.)
X(l-s.)
X(l.s.)
X(l-s.)
X (l-s.*)
X(l.s.)
X(l.s.)
X(l-s.)
X(l-s.)
Signed, fealed, and delivered in prefence of John Twiggs, Daniel M'Murphy,
John Graves, James Darouzeaux, Philip Scott P. S. his mark, James M. Stewart.
N°o
782 APPENDIX.
N°. XLIII.
Treaty at Neiv York with the Creek Indians, in 1790.
A Treaty of Peace and Friendfhip made and concluded between the Prefident of the
United States of America, on the part and behalf of the faid States, and the un-
derfigned Kings, Chiefs and Warriors of the Creek Nation of Indians, on the part
and behalf of the faid Nation.
Treaty with the 'H ["^HE parties being defirous of eftablifhing permanent peace and friendfhip be-
Creek Indians. J|_ tween the United States and the faid Creek nation, and the citizens and mem-
bers thereof, and to remove the caufes of war by afcertaining their limits, and mak-
ing other neceffary, juft and friendly arrangements: The prefident of the United
States, by Henry Knox, fecretary for the department of war, whom he hath confti-
tuted with full powers for thefe purpofes, by and with the advice and confent of thV
fenate of the United States, and the Creek nation by the underfigned kings, chiefs
and warriors, reprefenting the faid nation, have agreed to the following articles* v *
article 1.
There fhall be a perpetual peace and friendfhip between all the citizens of the Unit-
ed States of America, and all the individuals, towns and tribes of the upper, middle
and lower Creeks and Samanolies, compofing the Creek nation of Indians.
ART ICLE II.
The underfigned kings, chiefs and warriors, for themfelves and all parts of the
Creek nation within the limits of the United States, do acknowledge themfelves, and
the faid parts of the Creek nation, to be under the protection of the United States of
America, and of no other fovereign whofoever; and they alfo ftipulate that the faid
Creek nation will not hold any treaty with an individual State, or with individuals, of
any State.
ARTICLE III.
The Creek nation fhall deliver as foon as practicable to the commanding officer of
the troops of the United States, ftationed at the rock landing on the Oconee river,
all citizens of the United States, white inhabitants or negroes, who are now prifoners
in any part of the faid nation. And if any fuch prifoners or negroes Ihould not be fo
delivered, on or before the firft day of June enfumg, the governor of 'Georgia may
empower three pcrfons to repair to the faid nation, in order to claim arid receive fuch
prifoners and negroes.
ARTICLE IV.
The boundary between the citizens of the United States and the Creek nation is,
and fhall be, from where the old line ltrikes the river Savannah; thence up the faid
river to a place on the mod northern branch of the fame, commonly called the
Keowee, where a north-eatt line to be drawn from the top of the Ocunna mountain
fhall interfecl: ; thence along the faid line in a fouth-weft direction to the Tugaloo
river; thence to the top of the Currahee mountain; thence to the head or fource of
the main fouth branch of the Oconee river called the Apelachee ; thence down the
middle of the faid main fouth branch and river Oconee, to its confluence with the
Oakmulgee,
APPENDIX. 783
Oakmulgee, which form the river Alatamaha; and thence down the middle of the
faid Alatamaha to the old line on the faid river, and thence along the faid old line to
the river St. Mary's.
And in order to preclude forever all difputes relatively to the head, or fource of the
main fouth branch of the river Oconee, at the place where it (hall be interfered by the
line aforefaid, from the Currahee mountain, the fame fhall be afcertained by an able
furveyor on the part of the United States, who fhall be affiled by three old citizens of
Georgia, who may be appointed by the governor of the faid State, and three old
Creek chiefs to be appointed by the faid nation, and the faid furveyor, citizens and
chiefs fhall aflemble for this purpofe, on the firft day of October, one thoufand fcxen
hundred and ninety-one, at the Rock Landing on the faid river Oconee, and thence
proceed to afcertain the faid head or fource of the main fouth branch of the faid river,
at the place where it fhall be interfered by the line aforefaid, to be drawn from the
Currahee mountain. And, in order that the faid boundary fhall be rendered diftinct
and well known, it fhall be marked by a line of felled trees at lead twenty feet wide,
andk^he trees chopped on each fide from the faid Currahee mountain, to the head or
fodrce of the faid main fouth branch of the Oconee river, and thence down the margin
of the faid main fouth branch and river Oconee for thediftance of twenty miles, or
as Jnuch further as may be neceffary to mark diftin£tly the faid boundary. And in
« order to extinguish for ever all claims of the Creek nation, or any part thereof, to any
of the land lying to the northward and eaftward of the boundary herein defcribed, it
is hereby agreed, in addition to the confiderations heretofore made for the faid land,
that the United States will caufe certain valuable Indian goods now in the State of
Georgia, to be delivered to the faid Creek nation, and the faid United States will alfo
, caufe the fum of one thoufand and five hundred dollars to be paid annually to the
- faid Creek nation. And the underfigned kings, chiefs and warriors, do hereby for
themfelves and the whole Creek nation, their heirs and defcendants, for the confider-
ations above mentioned, releafe, quit claim, relinquifh and cede, all the land to the .
northward and eaftward of the boundary herein defcribed,
article v.
The United States folemnly guarantee to the Creek nation, all their lands within
the limits of the United States to the weftward and fouthward of the boundary def-
1 cribed in the preceding article. .
ARTICLE VI.
If any citizen of the United States, or other perfon not being an Indian, fhall
- attempt to fettle on any of the Creek's lands, fuch perfon fhall forfeit the protection
. of the United States, .arid the Creeks may punifh him or not as they pleafe.
j ARTICLE VII.
No citizen or inhabitant of the United States fhall attempt to hunt or deftroy game
on the Creeks' lands: Nor fhall any fuch citizen or inhabitant go into the Creek
country, without a paflport firft obtained from the governor of fome one of the
.United States, or the officer of the troops of the United States commanding at the
neareft
7S4 APPENDIX.
neareft military poft on the frontiers, or fuch other perfon as the prefident of the
United States may from time to time authorife to grant the fame.
ARTICLE VIII.
If any Creek Indian or Indians, or peifon redding among them, or who (hall take
refuge in their nation, (hall commit a robbery or murder, or other capital crime, on
any of the citizens or inhabitants of the United States, the Creek nation, or town, or
tribe to which fuch offender or offenders may belong, (hall be bound to deliver him or
them up, to be punifhed according to the laws of the United States.
ARTICLE IX.
If any citizen or inhabitant of the United States, or of either of the territorial dif-
trifts of the United States, ihall go into any town, fettlementor territory belonging to
the Creek nation of Indians, and lhail there commit any crime upon, ortrefpafs againft
the perfon or property of any peaceable and friendly Indian or Indians, which if com-
mitted within the jurifdi<£tion of any State, or within the jurifdiction of either of the
faid diftricls, againft a citizen or white inhabitant thereof, would be punifhable by the
laws of fuch State or diftrict, fuch offender or offenders fhall be fubjecl to the fame
punifhment, and fhall be proceeded againft in the fame manner, as if the offence had
been committed within the jurifdiction of the State or diftrict, to which he or they
may belong, againft a citizen or white inhabitant thereof.
ARTICLE X. »
In cafes of violence on the perfons or property of the individuals of either party,
neither relation nor reprifal fhall be committed by the other, until fatisfa£tion fhall
have been demanded of the party of which the aggteffor is, and fhall have been refufed.
ARTICLE. XI.
The Creeks fhall give notice to the citizens of the United States of any defigns,
which they may know or fufpect to be formed in any neighbouring tribe, or by any ;
perfon whatever, againft the peace and interefts of the United States.
ARTICLE XII.
That the Creek nation may be led to a greater degree of civilization, and to become
herdfmen and cultivators, inftead of remaining in a ftate of hunters, the United
States will from time to time furnifh gratuitoufly the faid nation with ufeful domeftic
animals and implements of hufbandry. And further to affift the faid nation in fo de-
ferable a purfuit, and at the fame time to eftablifh, a certain mode of communication
the United States will fend fuch, and fo many perfons to refide in faid nation as they
may judge proper, and not exceeding four in number, who fhall qualify themfelves to
act as interpreters. Thefe perfons fhall have lands afhgned them by the Creeks for
cultivation, for themfelves and their fucceffors in office ; but they fhall be precluded
exercifing any kind of traffic.
ARTICLE XIII. ^
All animofities for pad grievances fhall henceforth ceafe; and the contracting parties
will carry the foregoing treaty into full execution, with all good faith andfmcerity.
ARTICLE
APPENDIX.
785
ARTICLE XIV.
This treaty (hall take effect and be obligatoty on the contracting parties, as foon
as the fame (hall have been ratified by the prefident of the United States, with the
advice and confent of the fenate of the United States.
In witness of all and every thing herein determined between the United States
of America and the whole Creek nations, the parties have hereunto fet their
hands and feals, in the city of New York, within the United States, this
feventh day of Auguft, one thoufand feven hundred and ninety.
In behalf of the United States,
H. KNOX, Secretary at War, and Jole Commiffiomr for treating
with the Creek nation of Indians.
In behalf of themfelves and the whole Creek nation of Indians.
ALEXANDER M'GILLIVRAY,
FUSKATCHE MICO, or Birdtail King, X! x.s.)
NEATHLOCK, or Second Man, X! (l.s.)
HALLETEMAL THLE,. or Blue Giver, XI (l.s.)
C OPAY MICO, or the Singer, X! (l.s.)
I TOTKESHAJOU, or Samoniac, M (l.s.)
C HOPOTHE MICO, or Tallifee King, Xj (l.s.)
I OPOTOTACHE, or Long Side, X! (l.s.)
C SOHOLESSEE, or Young Second-Man, X5 (l.s.)
I OCHEEHAJOU, or Aleck Cornel, X! (l.s.)
fCHINABIE, or the Great Natches Warrior, X! (l s )
} NATSOWACHEHEE, or the Great Natches
NATCHES. i Warrior's brother, X (l.s.)
I THAKOTEEHEE, or the Mole, M (l.s )
LOQUABEE, X (l.s,)
f TUSKENAAH, or Big Lieutenant, X! (l.s.)
\ HOMATAH, or Leader, X (l.s.)
j CHINNABIE, or Matthews, X (l.s.)
I JULEETAULEMATHA, or Dry Pine, X (l.s.)
CHAWOCKLY MICO, X (L.s.)
COOSADES HOPOY, or the Meafurer, X (l.s.)
MUTHTEE, or the MifTer, X (l.s.)
STIMAFUfCHKEE, or Good Humour, X! (l.s.)
STILNALEEJE, or Difputer, X (l.s.)
MUMAGECHEE, David Francis, X! (l.s.)
DONE in prefence of Richard Morris, chief juftice of the State of New York.
Richard Varick, mayor of the city of New- York. Marinus Willet. Thomas Lee
Shippen, of Penfylvania. John Rutledge, jun. Jofeph Allen Smith. Henry
Izard. — Jofeph Cornell his XI mark, Interpreter.
5 G N°.
CUSETAHS.
LITTLE TALL IS EE.
BIG TALLISEE,
TUCKABATCHT.
COWETAS.
Of the BROKEN ARROW.
COOSADES.
ALABAMA CHIEF.
OAKSOT.
r86
A ? P E N D I X.
Treaty with the
Cherokee Indi-
ans.
N°. XLIV.
Treaty at Holfton iinth the Cherokee Indians > in 1 79 1 .
A Treaty of Peace and Friendship made and concluded between the Pre fi dent
of the United States of America, on the part and behalf of the faid States,
and the underfigned Chiefs and Warriors of the Cherokee Nation of Indians,
on the part and behalf of the faid Nation.
"THE parties being defirous of eftablifhing permanent peace and friendfhip be-
tween the United States and the faid Cherokee nation, and the citizens and
members thereof, and to remove the caufes of war, by afcertaining their limits, and
making other neceffary, juft and friendly arrangements : The prefident of the United
States, by William Blount, governor of the territory of the United States of Ameri-
ca, fouth of the river Ohio, and fuperintendnnt of Indian affairs for the fouthern
diftricft, who is veiled with full powers for thefe purpofes, by and with the advice
and confent of the fenate of the United States : And the Cherokee nation by the
underfigned chiefs and warriors representing the faid nation, have agreed to the fol-
lowing articles, namely :
article r.
There fhall be a perpetual peace and friendfliip between all the citizens of the
United States of America, and all the individuals compofing the whole Cherokee
nation of Indians.
ARTICLE 11.
The underfigned chiefs and warriors, for themfelves and all parts of the Chero-
kee nation, do acknowledge themfelves and the faid Cherokee nation, to be under
the protection of the United States of America,- and of no other fovereign whofo-
ever ; and they alfo Stipulate that the faid Cherokee nation will not hold any treaty
with any foreign power, individual State, or with individuals of any State.
ARTICLE III.
The Cherokee nation fhall deliver to the Governor of the territory of the United
States of America, fouth of the river Ohio, on or before the firft day of April next,
at this place, all perfons who are now prifoners, captured by them from any part of
the United States : And the United States fhall on or before the fame day, and at
the fame place, reftore to the Cherokees, all the prifoners now in captivity, which
the citizens of the United States have captured from them.
ARTICLE IV.
The boundary between the citizens of the United States and the Cherokee nation,
is and fhall be as follows : Beginning at the top of the Currahee mountain, where the
Creek line paries it ; thence a direct line to Tugaloo river ; thence north-eaft to the
Oeunna mountain, and over the fame along the South Carolina Indian boundary to the
North Carolina boundary ; thence north to a point from which a line is to be extended
to the river Clinch, that fhall pafs the Holfton at the ridge which divides the waters
running into Little river from thofe running into the TenefTee ; thence up the river
Clinch to Campbell's line, and along the fame to the top of Cumberland mountain j
thence
APPENDIX. 787
thence a direct line to the Cumberland river where the Kentucky road crofTes it; thence
down the Cumberland river to a point from which a fouth-weft line will ftrike the
ridge which divides the waters of Cumberland from thofe of Duck river, forty miles
above Nafhville ; thence down the faid ridge to a point from whence a fouth-weft
line will ftrike the mouth of Duck river.
And in order to preclude forever all difputes relative to the faid boundary, the fame
fhall be afcertained, and marked plainly by three perfons appointed on the part of the
United States, and three Cherokees on the part of their nation.
And in order to extinguifh forever all claims of the Cherokee nation, or any part
thereof to any of the land lying to the right of the line above defcribed, beginning as
aforefaid at the Currahee mountain, it is hereby agreed, that in addition to the confi-
deration heretofore made for the faid land, the United States will caufe certain valua-
ble goods, to be immediately delivered to the underfigned chiefs and warriors, for the
ufe of their nation; and the faid United States will alfo caufe the fum of one thoufand
dollars to be paid annually to the faid Cherokee nation. And the underfigned chiefs
and warriors, do hereby for themfelves and the whole Cherokee nation, their heirs
and defendants, for the considerations above mentioned, releafe, quit-claim, relin-
quish and cede all the land to the right of the line defcribed, and beginning as
aforefaid.
ARTICLE v.
It is Stipulated and agreed, that the citizens and inhabitants of the United States,
(lull have a free and unmolefted ufe of a road from Washington district to Mero district,
and of the navigation of the Tenefee river.
ARTICLE VI.
It is agreed on the part of the Cherokees, that the United States Shall have the fole
and exclusive right of regulating their trade.
ARTICLE VII.
The United States folemnly guarantee to the Cherokee nation, all their lands not
hereby ceded.
ARTICLE VIII.
If any citizen of the United States, or other perfon not being an Indian, fhall fettle
on any of the Cherokee's lands, fuch perfon fhall forfeit the protection of the United
States, and the Cherokees may puniSh him or not, as they pleafe.
ARTICLE IX.
No citizen or inhabitant of the United States, Shall attempt to hunt or deStroy the
game on the lands of the Cherokees, nor Shall any citizen or inhabitant go into the
Cherokee country, without a paSTport firft obtained from the governor of fome one
of the United States, or territorial districts, or fuch other perfon as the prefident of
the United States may from time to time authorize to grant the fame.
ARTICLE X.
If any Cherokee Indian or Indians, or perfon refiding among them, or who fhall
take refuge in their nation, Shall Steal a horfe from, or commit a robbery or murder,
or other capital crime, on any citizens or inhabitants of the United States, the
Cherookee
■jSS A P P E N D • I X.
Cherokee nation fhall be -bound to deliver him or them up,, to be punifhed according
to the laws of ths Unittd States.
ARTICLE XI.
■
If any citizen or inhabitant of the United States, or either of the territorial diftrierts
of the United States, (hall go into any town, fettlement or territory belonging to the
Cherokees, and (hall there commit any crime upon, or trefpafs againft the perfon or
property of any peaceable and friendly Indian or Indians, which if committed within
the juiifdiction of any State, or within the jurifdiftion of either of the faid difiritrs,
againfl. a citizen or white inhabitant thereof, would be punifhable by the laws of fuch
State or di (trier, fuch offender or offenders, fhall be fubje£t; to the fame punifhment,
and fhall be proceeded againft in the fame manner as if the offence had been committed
within the jurifdidlion of the State or diftric~l to which he or they may belong, againfl:
a citizen or white inhabitant thereof.
article xir.
In cafe of violence on the perfons or property of the individuals of either party,
neither retaliation or reprifal (hall be committed by the other, until fatisfaction fhall
have been demanded of the party of which the aggreffor is, and fhaU have been refufed.
ARTICLE XIII.
The Cherokees fhall give notice to the citizens of the United States, of any defigns
which they may know, or fufpect to. be formed in any neighbouring tribe or by any
perfon whatever, againft the peace and intereft of the United States.
ARTICLE XIV.
That the Cherokee nation may be led to a greater degree of civilization, and to
become herdfmen and cultivators, inftead of remaining in a ftate of hunters, the
United States will from time to time furnifh gratuitoufly the faid nation with ufeful
' implements of hufbandry, and further to affift the faid nation in fo defirable a purfuit,
and at the fame time to eftablifh a certain mode of communication, the United States
will fend fuch, and fo many perfons to refide in the faid nation as they may judge
proper, not exceeding four in number, who fhall qualify themfelves to act as interpre-
ters. Thefe perfons fhall have lands affigned by the Cherokees for cultivation for
themfelves and their fucceffors in office, but they fhall be precluded exercifing any
kind of traffic.
ARTICLE XV. ,
All animofities for paft grievances fhall henceforth ceafe, and the contracting par-
ties will carry the foregoing treaty into full execution with all good faith and fincerity.
ARTICIE4 XVI.
This treaty fhall take effecl: and be obligatory on the contracting parties, as foon as
the fame fhall have been ratified by the prefident of the United States., with the
advice and confent of the fenate of the United States.
In
A P P ,E N D I X. 789
In witness of all and every thing herein determined between the United States
of America and the whole Cherokee nation, the parties have hereunto fet
their hands and feals, at the treaty ground on the bank of the Holfton, near ,':
the mouth of the French Broad, within the United States, this fecond day
of July, in the year of our Lord one thoufand feven hundred and ninety-
one.
WILLIAM BLOUNT, (l.s.)
Governor in and over the territory of the United States of America fouth of the. river
Ohio, and fuperintendant of Indian affairs for the fouthern diitricl.
CHULEOAH,. or the Boots, J*! (l.s.)
SQUOLLECUTTAH, or Hanging Maw, X (l.s.)
OCUNNA, or the Badger, X (l.s.)
ENOLEH, or Black Fox, x (L.s.)
NONTUAKA, or the Northward, X (l.s.)
TEKAKISKA x (l.s.)
CHUTLOH, or King-fifher, X (l.s.)
TUEKASEH, or Tarrapin, • x (L.s.)
KATEH, h ri!.s )
KUNNOCHATUTLOH, or the Crane, x (L.s.)
CAUQUILLEHANAH, or the Thigh, Xj (L s.)
CHESQUOTTELONLH, or Yellow Bird, x (l.s.)
CHICKASAWTEHE, or Chikafaw Killer, X (l.s.)
TUSKEGATEHE, Tufkega Killer, X (L.s.)
KULSATEHE, X (l.s.)
TINSTSHALENE, X(l.s)
SAWUTTEH, or Slave Catcher, X (l.s.)
AUKUAH, X (l.s.)
OOSENALEH, x (l.s.)
KENOTETAH, or rifing Fawn, X (l.s.)
KANEfETOKA, or (landing Turkey, , ■ X(l.s.)
YONEWATLEH, or Bear at Home, X (l.s.)
LONG WILL, X(l.s.)
KUNOSKESKIE, or John Watts, . X (l.s.)
' NENETOOYAH, or Bloody Fellow, X (l.s.)
CHUQUILATAGUE, or Double Head, X (l.s.)
KOOLAQUAH, or Big Acorn, X (l.s.)
TOOWAYELLOH, or Bold Hunter, X (l.s.)
SAHLE-OONOYEHLA, or Middle Striker, X (l.s.)
KINNESAH, or Cabin, X (l.s.)
TULLOTEHE, or Two Killer, X(l.s!)
KOOLOUSKE, or Stopt Still, X (l.s.)
KULSATEHE, X (l.s.)
AUQUOTAGUE, the Little Turkey's Son, X (l.s.)
TALOHTESKE
793 APPENDIX.
TALOHTESKE, or Upfetter, .M (l.s.)
CHEAKONESKE, or Otter Lifter, X(l.s.)
KESHEKAUNE, or She Reigns, X (l.s.)
TOONAUNAILOH, ^ (l.s.)
TESTEHE, or Common Difturber, ><J (l.s.)
ROBIN M'CLEMORE, X (l.s.)
SKYUKA, j*. (l.s.)
JOHN THOMPSON, Interpreter.
JAMES CARY, Interpreter.
DONE in prefence of Daniel Smith, fecretary of the territory of the United
States, fouth of the river Ohio; Thomas Kennady, of Kentucky; James Robertfon,
of Mero diftrift; Claiborne Watkins, of Virginia ; John M. Whitney of Georgia;
Fauche, of Georgia ; Titus Ogden, North Carolina; John Chifolrn, of Wafhington
DiftricT:; Robert King, Thomas Gegg.
N°. XLV.
Treaty at Philadelphia ivith the Cherokee Indians > in 1794.
Articles of a Treaty concluded between the United States of America and the Che-
rokee Indians.
Treaty with the "^Hk T'HEREAS the treaty made and concluded on Holfton river, on the fecond
Cherokee Indi- Yy day of July, one thoufand feven hundred and ninety-one, between the
United States of America and the Cherokee nation of Indians, has not been fully
carried into execution by reafon of fome mifunderftandings which have «rifen.
1. And whereas the underfigned Henry Knox, fecretary for the department of
war, being authorized thereto by the prefident of the United States in behalf of the
faid United States and the underfigned chiefs and warriors in their own names and
in behalf of the whole Cherokee nation, are defirous of re-eftablifhing peace and
friendihip between the faid parties in a permanent manner, do hereby declare that
the faid treaty of Holfton, is to all intents and purpofes in full force and binding up-
on the faid parties, as well in refpect to the boundaries therein mentioned, as in all
other refpe&s whatever.
2. It is hereby ftipulated that the boundaries mentioned in the fourth article of
the faid treaty (hall be actually afcertained and marked in the manner prefcribed by
the faid article, whenever the Cherokee nation fball have ninety days notice of the
time and place at which the commiflioners of the United States intend to commence
their operation.
3. The United States to evince their juftice by amply compenfating the faid Che-
rokee nation of Indians, for allrelinGuifhments of land made either by the treaty of
Hopewell upon the Keowee river, concluded on the twenty-eighth of November one
thoufand feven hundred and eighty- five, or the aforefaid treaty made upon Holfton
river
ails
APPENDIX. 701
river on the fecond of July, one thoufand {even hundred and ninety-one, do hereby
ftipulate in lieu of all former fums to be paid annually to furnifh the Cherokee Indians
with goods fuitable for their ufe to the amount of five thoufand dollars yearly.
4. And the faid Cherokee nation in order to evince the fincerity of their intenti-.'
ons in future to prevent the practice of dealing horfes, attended with the moft perni-
cious confequences to the lives and peace of both parties, do hereby agree that for eve-
ry horfe which fhall be ftolen from the white inhabitants by any Cherokee Indians and
not returned within three months, that the fum of fifty dollars fhall be deducted from
the faid annuity of the five thoufand dollars.
5. The articles now ftipulated will be confidered as permanent additions to the
treaty of Holfton as foon as they (hall have been ratified by the prefident of the Unit-
ed States and the fenate of the United States.
In witness of all and every thing herein determined, between the United
States of America and the whole Creek nation, the parties have hereunto
fet their hands and feals, in the city of Philadelphia within the United
States, this twenty-fixth day of June, in the year of our Lord one thoufand
feven hundred and ninety-four.
H. KNOX, Secretary at War.
TETAKISSKEE, or taken out of the water,
NONTUAKA, or the Northward,
CINASAW, or the Cabin,
SKYUKA,
CHUQUILATAGUE, D. H. or Double Head,
JOHN M'CLEMORE,
WALALUE, or Humming Bird,
CHULEOWEE,
U ST AN AQUA,
KULLSATHEE,
SITEAHA,
KEENAFUNA, or the lying Fawn,
CHATAKAELESA, or the Fowl Carrier,
Done in the prefence of John Thompfon, Arthur Coody, interpreters
wel Jones, of Delaware. William Waffbrd, of the State of Georgia,
leb of South Carolina. Samuel Lewis, of Philadelphia.
N°. XLVI.
Treaty at Colerain <with the Creek Indians in 1796.
A treaty of peace and friendfhip made and concluded between the prefident of
the United States of America, on the one part, and behalf of the faid States
and the underfigned kings, chiefs and warriors of the Creek nation of Indians,
on the part of the faid nation.
HE parties being defirous of eftablifhing permanent peace and friendfhip Treaty with the
between the United States and the faid Creek nation, and the citizens and
members
X
(l s.)
X
(L.S.)
L
[L.S.)
(L.S.)
X
(l.s.)
X
(l.s.)
\
(l.s.)
G
(l.s.)
X
[l.s.)
[l.s.)
X
(l.s.)
X
l.s.)
c
[l.s.)
rs.-
— Cant-
W
. M'Ca-
T
792 APPENDIX.
members thereof; and to remove the caufes of war, by afcertaining their limits, and
making other neceflary, juft and friendly arrangements; the prefident of the United
States, by Benjamin Hawkins, George Clymer and Andrew Pickens, commiffioners
whom he hath conftituted with powers for thefe purpofes, by and with the advice and
confent of the fenate ; and the Creek nation of Indians, by the underfigned kings,
chiefs and warriors, reprefenting the whole Creek nation, have agreed to the follow-
ing articles:
ARTICLE I.
The treaty entered into at New York, between the parties on the feventh day of
Auguft, 1790, is, and fhall remain obligatory on the contracting parties, according to
the terms of it, except as herein provided for.
ARTICLE II.
The boundary line from the Currahee mountain, to the head, or fource of the main
fouth branch of the Oconee river, called, by the white people, Appalatohee, and by
the Indians, Tulapocka, and. down the middle of the fame, {hall be clearly afcertained,
and marked, at* fuch time, and in fuch manner, as the prefident fhall direct. And the
Indians will, on being informed of the determination of the prefident, fend as many
of their old chiefs, as he may require, to fee the line afcertained and marked.
ARTICLE III.
The prefident of the United States of America mail have full powers, whenever
he may deem it advifeable, "to eftablifh a trading or military pod on the fouth fide of
the Alatamaha, on the Bluff, about one mile above Beard's bluff; or any where from
thence clown the faid river on the lands of the Indians, to garrifon the fame with any
part of the military force of the United States, to protect the pofts, and to prevent the
violation of any of the provifions or regulations fub lifting between the parties : And
the Indians do hereby annex to the poll aforefaid, a tract of land of five miles fquare,
bordering one fide on the river; which poft and the lands annexed thereto, are hereby
ceded to, and fhall be to the ufe, and under the government of the United States of
America.
ARTICLE IV.
As foon as the prefident of the United States has determined on the time and
manner of running the line from the Currahee mountain, to the head or fource of the
main fouth branch of the Oconee, and notified the chiefs of the* Creek land of the
fame, a fuitable number of perfons on their part fhall attend to fee the fame completed :
And if the prefident fhould deem it proper^then to fix on any place or places adjoin-
ing the river, and on the Indian lands for military or trading pofts; the Creeks who
attend there, will concur in fixing the fame, according to the withes of the prefident.
And to each poft, the Indians fhall annex a tract of land of five miles fquare, border-
ing one fide on the river. And the faid lands fhall be to the ufe and under the govern-
ment of the United States of America. Provided always, That whenever any of the
trading or military pofts mentioned in this treaty, (hall, in the opinion of the prefident
of the United States of America, be no longer neceflary for the purpofes intended by
this ceffion, the fame fhall revert to3 and become a part of the Indian lands.
Article
A P P E N D I X.
ARTICLE V.
"Whenever the prefident of the United States of America, and the king of Spain,
may deem it advifeable to mark the boundaries which feparate their territories, the
prefident (hall give notice thereof to the Creek chiefs, who will furnifh two principal
chiefs, and twenty hunters to accompany the perfons employed on this bufmefs, as
hunters and guides from the Chocktaw country to the head of St. Mary's. The chiefs
mail receive each half a dollar per day, and the hunters one quarter of a dollar each
per dav, and ammunition, and a reafonable value for the meat delivered by them for
the ufe of the perfons on this ferviee.
ARTICLE VI.
The treaties of Hopewell, between the United States and the Chocktaws and Chicka-
faws, and at Holfton between the Cherokees and the United States, mark the boun-
daries of thofe tribes of Indians. And the Creek nation do hereby relinquim all
claims to any part of the territory inhabited or claimed by the citizens of the United
States, in conformity with the faid treaties.
ARTICLE- VII.
The Creek nation fhall deliver, as foon as practicable, to the fuperintendant of
Indian affairs, at fuch place as he may direct, all citizens of the United States ; white
inhabitants and negroes who aife now prifoners in any part of the faid nation, agreeable
to the treaty at New York, and alfo all citizens, white inhabitants, negroes and pro-
perty taken fince the figning of that treaty. And if any fuch prifoners, negroes or
property fhould not be delivered, on or before the firil day of January next, the
governor of Georgia may empower, three perfons to repair to the faid nation, in
order to claim and receive fuch prifoners, negroes and property, under the direction of
the prefident of the United States.,
ARTICLE VIII.
In confederation of the friendly difpofition of the Creek nation towards, the
government of the United States, evidenced by the ftipulations in the prefent treaty, ;
and particularly the leaving it in the difcretion of the prefident to eftablifh trading or
military pofts on their lands; the commiffioners of the United States, on behalf of
the faid States, give to the faid nation, goods to the value of fix thoufand dollars, and
ftipulate to fend to the Indian nation, two blackfmiths, with ftrikers, to be employed
for- the upper and lower Creeks with the neceffary tools.
ARTICLE IX.
All animofities for pad grievances (hall henceforth ceafe, and the contracting
parties will carry the foregoing treaty into full execution with all good faith and
fincerity. Provided neverthelefs, That perfons now under arreft.in the State of Georgia
for a violation of the treaty at New York, are not to be included in this amnefty, but
are to abide the decifion of law.
ARTICLE x.
This treaty fhall take effect: and be obligatory on the contracting parties, as foon as
the fame fhall have been ratified by the Prefident of the United States, by and with
the advice and confent of the fenate.
5 H DONE
793
794
APPENDIX.
DONE at Colerain, th
e 29th nf Tune,
one thoufand feven hundred and ninety-fix.
BENJAMIN
HAWKINS,
GEORGE. CLYMER,
ANDREW PICKENS.
Cowetas.
Tallejfees.
Chruchateneah,
X
Talleflee Mico,
X
Tufikia Mico,
X
Othley Poey Mico.
X
Inclenis Mico,
p<q
Little Oakjoys.
Tufkenah,
X!
Meeke Matla.
X
Ookfufkee Tuftuneka,
M
Hicory Ground.
Clewalee Tuftuneka,
X
Opoey Mico.
X
Cujfttas.
Kuyalegees.
Tufikia Mico,
X
Kelefe Hatkie.
X
Cufita Mico,
X
Weakis.
Fufatehee Mico,
X
Nedhomotca Opoey,
X
Opoey Mico.
X
Tufikia Mico.
X
Broken Arrows.
Cleivallees.
Tuftuneka Mico,
X
Opoey-e-Matla.
X
Othley Opoey,
X
Coo/is..
Opoey Tuftuneka,
X
Hofonupe Hodjo.
X
Oboethly Tuftuneka.
X
Tukabathees.
Euchees.
Holahto Mico,
X
Euchee Mico.
X
Tuftunika Thlocco.
X
Ufuchees.
Ofaw Enehah,
X
Oahfujkees.
Ephah Tufkenah,
• 1
X
Pafhphalaha.
■X
Tufikia Mico.
X
Abacouchees.
Chehanvs.
Spani Hodjo,
X
Chehaw Mico.
X
Tuftinoka.
X
Talehanas.
Upper Euphaules.
Othley Poey Mico,
X
Opoey.
X
Othley Poey Tuftimiha.
X
Natchees.-
Oahtnulgees.
Chinibe.
X
Opoey Thlocco,
X
Upper Chehaws.
Parachuckley,
X
Spokoi Hodjo,
X
Tufkenah.
X
Tuftunika.
X
E up hales.
Mackafookos.
Pahofe Mico,
X
Tufkeehenehaw.
X
Tuftunika Chopco.
X
Oeonees.
Ottajfees.
Knapematha Thlocco.
X
Fufatehee Hulloo Mico,
X
Cufetahs,
Tufikia Mico,
X
Cufa Mico,
X
Mico Opoey.
X
Tufekia Mico Ahtee,
X
Halartee
APPENDIX.
785
Halartee Matla,
X
Talahoua Mico,
X
Neathlo&o,
X
Nuckfamico,
X
Eftechaco Mico,
X
Tuflcegee Tuficinagee,
X
Cochus Mico,
X
Opio Hajo,
X
Oneas Tuftenagee,
X
Alak Ajo,
X
Stilcpeck Chatee,
X
Tuchefee Mico.
X
Kealegfes,
Cheea Hajo.
X
Hitchetaws.
Talmafee Matla.
X
Tuckabatchees.
Tuftincke Hajo,
X
Okolifla,
X
Coweta Matla,
X
Coofa Mico,
X
Fufatchee Mico,
X
Pio Hatkee,
X
Foofatchee Mico,
X
Neathlaco,
X
Tuchabatchee Howla,
X
Spoko Hajo.
X
Kiahegees.
0
Chuckchack Nincho,
X
Opoyo Matla,
X
Lachlee Matla.
X
Big Tallajfees.
Chowollia Hajo,
X
ISleathloco Opyo,
X
Neathloco,
X
Chowlaftely Mico,
X
Tocofo Hajo,
X
Hoochee Matla,
X
Howlacta,
X
Tuflinica Mico,
X
Opoy Fraico.
X
Big Tallajfee.
Houla£ta,
X
Elcatee Hajo,
X
Chofolop Hajo,
Coofa Hajo.
Tuchabatchees.
Chohajo.
Coo/t's.
Tufhegee Tuftinagee,
Talmafa Watalica.
Euphalees.
Tothes Hago.
Otafees.
Opio Tuftinagee,
Yaf kee Mail Haja,
Oboyethlee Tuftinagee,
Tuftinagee Hajo,
Hillibee Tuftinagee Hajo,
EfFa Tulkeena,
Emathlce Loco,
Tuftenagee Mico,
Yaha Tuftinagee,
Cunclaftee Juftinagee.
OttaJJees.
Coofa Tuftinagee,
Neamatle Matla.
Weeokee's.
Tufticnika Hajo.
Tuchabatchee s.
Neamatoochee.
CuJJita's.
Telewa Othleopoya,
Talmafie Matla,
Niah Weathla,
Emathlee-laco,
Otteffee Matla,
MuclafTee Matla,
Eufalle Matla.
Tuckabatchees.
Cunipee Howla.
Coivetas.
Hofpotak Tuftinagee.
Natchees.
Spcko Hodjo.
Uchees,
Tuftinagee Chatee.
X
X!
X
X
X
X
X
X
XI
X
X
x.
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Ufuchees,
p* APPENDIX.
Ufuchees. Othley-poey-Tuftinagee, X
Spokoca Tuftinagee, X Tufkeeneah. X
Witness — James Seagrove, fuperinteudantof Indian affairs, C.N. Henry Gaither,
lieutenant-colonel-coramandant. Conft. Freeman, A. W. D. major artillery and engi-
neers. Samuel Tinfley, capt. 3d fub-legion. Samuel Allifon, enfign 2d fub-legion. John
W. Thompfon, enfign id U.S. fub-legion. Geo. Gillafipy, furgeon L. U. S. Timo-
thy Barnard, D. A. and fworn interpreter. James Burges, D. A. and fworn inter-
preter. James Jordan. Richard Thomas. Alexander Cornels. William Eaton, capt.
fourth U. S. fub-legion, commandant at Colerain and fecretary to the commiffion.
And whereas, the fcnate of the United States, two-thirds of the fenators prefent
concurring, did, by their refolution of the fecond day of March inflant, ' confent to
and advife the Prefident of the United States to ratify the treaty of peace and friend-
fhip, made and concluded at Colerain, in the State of Georgia, on the 29th June, 1 796,
between the prefident of the United States of x\merica, on the part and behalf of
the faid States, and the kings, chiefs and warriors of the Creek nation of Indians, on
the part of the faid nation: Provided, and on condition, that nothing in the third and
fourth articles of the faid treaty, expreffed in the words following,' " Article 3d,
The prefident of the United States of America fnall have full powers, whenever he
may deem it advifable, to eftablifh a trading or military poft on the fouth fide of the
Alatamaha, on the Bluff, about one mile above Beard's bluff; or any where from
thence down the faid river on the lands of the Indians, to garrifon the fame with
any part of the military force of the United States, to protect, the poft, and to prevent
the violation of any of the provisions or regulations fubfifting between the parties:
And the Indians do hereby annex to the poll aforefaid, a tract of land of five miles
fquare, bordering one fide on the river, which pod and the lands annexed thereto, are
hereby ceded to, and (ball be to the ufe, and under the government of the United
States of America.
" Article 4th, As foon as the prefident of the United States has determined on
the time and manner of running the line from the Currahee mountain, to the head
or fource of the main fouth branch of the Oconee, and notified the chiefs of the
Creek land of the fame, a fuitable number of perfons on their part fhall attend, to fee
the fame completed : And if the prefident fhould deem it proper, then to fix on any
place or places adjoining the river, and on the Indian lands for military or trading
» pofts: the Creeks who attend there will concur in fixing the fame, according to the
wifhes of the prefident. And to each poft, the Indians fhall annex a tract of land of
five miles fquare, bordering one fide on the river. And the faid lands fhall be to the
ufe and under the government of the United States of America. Provided always,
That whenever any of the trading or military pofts mentioned in this treaty, fhall, in
the opinion of the prefident of the United States of America, be no longer necefiary
for the purpofes intended by this cefiion, the fame fhall revert to, and become a part
of the Indian lands," fhall be conftrued to effect any claim of the State of Georgia, to
the right of pre-emption in the land therein fet apart for military or trading pofts; or
to give to the United States without the confent of the faid State, any right to the
foil,
APPENDIX. 797
foil, or to the exclufive legiflation over the fame, or any other right than that of efta*
biifhing, maintaining, and exclufively governing military and trading pofts within the
Indian territory mentioned in the faid articles, as long as the frontier of Georgia may
require thefe eftabiifhments.
Now know ye, that I, having feen and confidered the faid treaty, do hereby accept,
ratify and confirm the fame, and every article and claufe thereof \ under and fubject
to the provifo and condition mentioned and contained in the aforefaid refolution of
the fenate of the United States. In teftimony whereof, I have caufed the feal of the
United States to be hereunto affixed, an figned the fame with my hand.
GIVEN at the citv of Philadelphia, the eighteenth day of March, in the year of
our Lord, one thoufand feven hundred and ninety-feven, and in the twenty-
firft year of the fovereignty and independence of the United States of America.
JOHN ADAMS.
By the prefident of the United States:
TIMOTHY PICKERING, Secretary of State.
N°. XLVII.
Articles of Confederation and perpetual Union, between the States of
Neiv Hampfloire, Majfachufetts Bay, Rhode I/land and Providence
Plantations, Conneclicut, Neiv York, Neiv Jerfey, Pennfylvania,
Delaivare, Maryland, Virginia, North Carolina, South Carolina
and Georgia.
ARTICLE I.
I HE ftile of this confederacy ihall be, " The United States of America."
ARTICLE II.
Each State retains its fovereignty, freedom and independence, every power, jurif-
di£lion and right which is not by this confederation exprefsly delegated to the United
States in congrefs affembled,
ARTICLE III.
The faid States hereby feverally enter into a firm league of friendship with each
other, for their common defence, the fecurity of their liberties, and their mutual
and general welfare, binding themfelves to aflift each other, againft all force offered
to, or attacks made upon them, or any of them, on account of religion, fovereignty,
trade, or any other pretence whatever.
ARTICLE IV.
The better to fecure and perpetuate mutual friendship and intercourfe among the
people of the different States in this union, the free inhabitants of each of thefe
States, paupers, vagabonds, and fugitives excepted, mail be entitled to all privi-
leges and immunities of free citizens in the feveral States; and the people of each
fhall have free ingrefs and regrefs to and from any other State, and fhall enjoy there-
in all the privileges of trade and commerce, fubjedl to the fame duties, impofitions
and reftri£Hons as the inhabitants thereof refpe£ttvely, provided that fuch reftrifti-
tions
793 APPENDIX.
•
cms flia.ll not extend fo far as to prevent the removal of property imported into any
State, to any other State of which the owner is an inhabitant; provided alfo that no
impofition, duties or reftriclion (hall be laid by any State, on the property of the
United States, or either of them.
If any perfon guilty of, or charged withtreafon, felony, or other high mifdemean-
or in any State, (hall flee from judice, and be found in any of the United States, he
fhall upon demand of the governor, or executive power of the State from which he
fled, be delivered up and removed to the State having jurifdiction of his offence.
Full faith and credit (hall be given in each of thefe States to the records, acts and
judicial proceedings of the courts and magistrates of every other State.
article v.
For the more convenient management of the general interefts of the United States,
delegates (hall be annually appointed, in fuch manner as- the legislature of each State
{hall direct, to meet in congrefs on the fir ft Monday in November, in every year,
with a power referved to each State, to recall its delegates, or any of them, at any
time within the year, and to fend others in their ftead for the remainder of the year.
No State fhall be reprefented in congrefs by lefs than two, nor more than feven
members and no perfon fhall be capable of being a delegate for more than three years,
in any term of fix years; nor (hall any perfon, being a delegate, be capable of holding
any office under the United States, for which he, or any other for his benefit, re-
ceives any falary, fees or emolument of any kind.
Each State (hall maintain its own delegates in a meeting of the States, and while
they act as members of a committee of the States.
In determining queftions in the United States in congrefs affembled, each State
{hall have one vote.
Freedom of fpeech and debate in congrefs (hall not be impeached or queftioned in
anv court, or place out of congrefs, and the members of congrefs fhall be protected
in their perfons from arrefes and imprifonments, during the time of their going to and
from, and attendance on congrefs, except for treafon, felony, or breach of the
peace.
ARTICLE VI-
No State, without the confent of the United States in congrefs affembled, fhall
fend any embaffy to, or receive any embaffy from, or enter into any conference, agree-
ment, alliance, or treaty with any king, prince or State; nor fhall any perfon holding
any office of profit or truft under the United States, or any of them, accept of any
prefent emolument, office or title of any kind whatever from any king, prince or
foreign State; nor fhall the United States in congrefs affembled, or any of them,
grant any title of nobility.
No two or more States fhall enter into any treaty, confederation or alliance whatever
between them, without the confent of the United States in congrefs affembled, Speci-
fying acurately the purpofes for which/the fame is to be entered into, and how long it
fhall continue.
No
APPENDIX. 799
No State {hall lay any imports or duties, which may interfere with any flipulatious
in treaties, entered into by the United States in congrefs aflembled, with any king,
prince or State, in purfuance of any treaties already propofed by congrefs, to the
courts of France and Spain.
No vefTels of war {hall be kept up in time of peace by any State, except fuch number
only as {hall be deemed neceffary by the United States in congrefs aflembled, for the
defence of fuch State, or its trade ; nor {hall any body of forces be kept up by any
State, in time of peace, except fuch number only as in the judgment of the United
States, in congrefs aflembled, {hall be deemed requifite to garrifon the forts neceffary
for the defence of fuch State ; but every State {hall always keep up a well regulated
and difciplined militia, fufhciently armed and accoutred, and {hall provide and con-
stantly have ready for ufe, in public {lores, a due number of field pieces and tents,
and a proper quantity of arms, ammunition, and camp equipage.
No State {hall engage in any war without the confent of the United States in con-
grefs affembled, unlefs fuch State be actually invaded by enemies, or {hall have
received certain advice of a refolution being formed by forne nation of Indians
to invade fuch State, and the danger is fo eminent as not to admit of a delay,
till the United States in congrefs aflembled can be confulted : nor {hall any
State grant commiflions to {hips or veflels of war, nor letters of marque or repri-
fal, except it be after a declaration of war by the United States in congrefs aflembled,
and then only againft the kingdom or State and the fubjects thereof, againft which
war has been fo declared, and under fuch regulations as {hall be eftablifhed by the
United States in congrefs aflembled, unlefs fuch State be inferred by pirates, in which
cafe veflels of war may be fitted out for that occafion, and kept fo long as the danger
(hall continue, or until the United States in congrefs aflembled (hall determine other-
wife.
ARTICLE VII.
When land forces are raifed by any State for the common defence, all officers of
or under the rank of colonel, {hall be appointed by the legislature of each State re-
flectively, by whom fuch forces fhall be raifed, or in fuch manner as fuch State
{hall direct, and all vacancies fhall be filled up by the State which firft made the ap-
pointment.
ARTICLE VIII.
All charges of war, and all other expences that fhall be incurred for the common
defence or general welfare, and allowed by the United States in congrefs aflembled,
fhall be defrayed out of a common treafury, which fhall be fupplied by the feveral
States, in proportion to the value of all land within each State, granted to or furvey-
ed for any perfon, as fuch land and the buildings and improvements thereon fhall be
eftimated, according to fuch mode as the United States in congrefs aflembled, fhall
from time to time direct and appoint. The taxes for paying that proportion fhall be
laid and levied by the authority and direction of the legiilature of the feveral States
within the time agreed upon by United States in congrefs affembled.
ARTICLE
Soo A P P E N D I X.
ARTICLE IK.
The United States in eongrefs affembled, {hall have the fole and exclufive right and
power of determining on peace and war, except in the cafes mentioned in the fixth
article ; of fending and receiving ambaffadors ; entering into treaties and alliances,
provided that no treaty of commerce fhall be made, whereby the legiflative power of
the refpedtive States fhall be restrained from impofing fuch impofts and duties on fo^
reigners, as their own people are fubjected to, or from prohibiting the exportation
or importation of any fpecies of goods or commodities whatfoever ; of eftablifhing
rules for deciding in all cafes, what captures by land or water fhall be legal, and in
what manner prizes taken by land or naval forces in the fervice of the. United States
(hall be divided or appropriated j, of granting letters of marq.ue and reprifal in times of
peace ; appointing courts for the trial of piracies and felonies committed on the high
feas, and e ft abli thing courts for receiving and determining finally appeals in all cafes
of captures, provided that no member of eongrefs (hall be appointed a judge of any
of the faid courts^
The United States in eongrefs affembled fhall alfo be the laft refort on appeal in
all difputes and differences now fubfifting or that hereafter may arife between two or
more States concerning boundary, jurisdiction, or any other caufe whatever ; which
authority fhall always be exercifed in the manner following. Whenever the legiflative
or executive authority or lawful agent of any State incontroverfy with another, fhall pre.-
fentapetition to eongrefs, Hating the matter in queftion, and praying for a hearing, notice
thereof fhall be given by order of eongrefs to the legiflative or executive authority
of the other State in controverfy, and a day affigned for the appearance of the parties
by their lawful agents, who fhall then be directed to appoint by. joint confent, cora-
raiffioners or judges to constitute a court for hearing and determining the matter in
queftion j but if they cannot agree, eongrefs fhall name three perfons out of each of
the United States, and from the lift of fuch perfons each party fhall alternately ftrike
out one, the petitioners beginning, until the number fhall be reduced to thirteen;
and from that number not lefs- than feven, nor more than nine names as eongrefs
fhall direct, fhall in the prefence of eongrefs be drawn out by lot; and the perfons
whofe names fhall be fo drawn, or any five of them, fhall be commiffioners or judges, to
hear and finally determine the controverfy, fo always as a major part of the judges, who
fhall hear the caufe, fhall agree in the. determination : and if either party fhall neglect to
attend. at the day appointed, without fhewing reafons which eongrefs fhall judge fuffi-
cient, or being prefent fhall refufe to ftrike, the eongrefs fhall proceed to nominate
three perfons out of each State, and the fecretary of eongrefs fhall ftrike in behalf of
fuch party abfent or refufing ; and the judgment and fentence of the court to be
appointed, in the manner before prefcribed,, fhall be final and conclufive;. and if.any
of the parties fhall refufe to fubmit to the authority of fuch court, or appear to de-
fend their claim or caufc, the court fhall neverthelefs proceed to pronounce fentence,
or judgment, which fhall in like manner be final and decifive ; the. judgment or
fentence and other proceedings being in either cafe tranfmitted to eongrefs, and lodged
among the acts of eongrefs, for the fecurity of the parties concerned : Provided, That
every
APPENDIX. So*
every commiffioner," before he fits in judgment, fhall take an oath, to be adminifter-
ed by one of the judges of the fupreme or fuperior court of the State, where the
cauie fhall be tried, " well and truly to hear and determine the matter in queftion,
according to the beft of his judgment, without favor, affection, or hope of reward :"
Provided alfo, That no State fhall be. deprived of territory, for the benefit of the
United States.
All controverfies concerning the private right of foil claimed under different grants
of two or more States, whofe jurifdictions as they may refpect fuch lands, and the
States which paffed fuch grants are adjured, the faid grants or either of them being at
the fame time claimed to have originated antecedent to fuch fettlement of jurisdiction,
fhall on the petition of either party to the congrefs of the United States, be finally
determined, as near as may be, in the fame manner as is before prefcribed for deciding
difputes reflecting territorial jurisdiction between different States.
The United States in congrefs affernbled fhall alfo have the fole and exclufive right
and power of regulating the alloy and value of coin ftruck by their own authority, or
by that of the refpective States; fixing the ftandard of weights and meafures through-
out the United States; regulating the trade and managing all affairs with the Indians,
not members of any of the States, provided that the legiflative right of any State
within its own limits be not infringed or violated; .eftablifhing and regulating pod
offices from one State to another, throughout all the United States, and exacting
fuch poftage on the papers pafiing through the fame, as may be requifite to defray the
expences of the faid office; appointing all officers of the land forces, in thefervice of
the United States, excepting regimental officers; appointing, all the officers of the
naval forces, and commiffioning all officers whatever in the fervice of the United
States *, making rules for the government and regulation of the faid land and naval
forces, and directing their operations.
The United States in congrefs affernbled fhall have authority to appoint a commit-
tee, to fit in the recefs- of congrefs, to be denominated, a committee of the States, and
to confift of one delegate from each State; and to appoint fuch other committees
and civil officers as may be neceflary for managing the general affairs of the United
States under their direction, to appoint one of their number to prefide, provided that
no perfon be allowed to ferve in the office of prefident more than one year, in any
term of three years; to ascertain the neceffary fums of money to be railed for the
fervice, of the United States, and to appropriate and apply the fame for defraying the
public expences; to borrow money or emit bills on the credit of the United States,
tranfmitting every half year to the refpective States, an account of the fums of money
fo borrowed or emitted; to build and equip a navy; to agree upon the number of
land forces, and to make requisitions from each State for its quota, in proportion to
the number of white inhabitants in fuch State, which requifition fhall be binding, and
thereupon the legiflature of each State fhall appoint the regimental officers, raife the
men, and clothe, arm, and equip them in a foldierlike manner, at the expence of the
United States, and the officers and men fo clothed, armed, andequiped, fhall march
to the place appointed and within the time agreed on by the United States in congrefs
5 I affernbled
«o2 APPENDIX.
affembled: but if the United States in congress affembled {hall, on confederation of
circumflances, judge proper that any State fhould not raife men, or fliould raife a fmaller
number than its quota, and that any other State fhould raife a greater number of men
than the quota thereof, fuch extra number (hall be raifed, officered, clothed, armed, and
equipped in the fame manner- as the quota of fuch State, unlefs the legiflature of fuch
State ihall judge that fuch extra number cannot be fafciy fpared out of the fame, in which
cafe they fhall raife, officer, clothe, arm, and equip, as many of fuch extra number as
they judge can be fafely fpared. And the officers and men fo clothed, armed, and
equipped, lhall march to the place appointed, and within the time agreed on by the
United States in congrefs aflembled.
The United States in congrefs affembled {hall never engage in a war, nor grant
letters of marque andreprifal, in time of peace, nor enter into any treaties or alliances
nor coin money, ncr regulate the value thereof, nor afcertain the fums and expences
neceffary for the defence and welfare of the United States or any of them, nor emit
bills, nor borrow money on the credit of the United States, nor appropriate money,
nor agree upon the number of veffels of war, to be built or purchafed, or the number
of land or fea forces to be raifed, nor appoint a commander in chief of the army or
navy, unlefs nine States affent to the fame : Nor fhall a queftion on any other point,
except for adjourning from day to day, be determined, unlefs by the votes of a majo-
rity of the United States in congrefs aflTembled.
The congrefs of the United States fhall have power to adjourn to any time within
the year, and to any place within the United States, fo that no period of adjourn-
ment be for a longer duration than the fpace of fix months, and fhall publifh the jour-
nal of their proceedings monthly, except fuch parts thereof relating to treaties, alli-
ances or military operations, as in their judgment require fecrecy, and the yeas and
nays of the delegates of each State on any queftion fhall be entered on the journal,
when it is defired by any delegate; and the delegates of a State, or any of them, at
his or their requeft fhall be furnifhed with a tranfeript of the faid journal, exeept
fuch parts as are above excepted, to lay before the legiflatures of the feveral States.
article x.
The committee of the States, or any nine of them, fhall be authorized to execute,
in the recefs of congrefs, fuch of the powers of congrefs as the United States in con-
grefs affembled, by the confent of nine States, fliall from time to time think expedi-
ent to veil them with; provided that no power be delegated to the faid committee,
for the exercife of which, by the articles of confederation, the voice of nine States,
in the congrefs of the United States affembled, is requifite.
ARTICLE XI.
Canada acceding to this confederation, and joining in the meafures of the United
States, fhall be admitted into, and entitled to all the advantages of this union : But no o-
ther colony fhall be admitted into the fame, unlefs fuch admiffion be agreed to by nine States.
ARTICLE XII.
All bills Of credit emitted, monies borrowed and debts contracted by or under the
authority of congrefs, before the afiembling of the United States, in purfuance of
I the
APPENDIX. 803
the nrefent confederation, {hall be deemed and confidered as a charge r.gainffc the
United States, for payment and fatisfaclion whereof the faid United States, and the .
public faith are hereby folemnly pledged.
article xnr.
Every State (hall abide by the determinations of the United States, in congrefs af-
fembled, on all queftions which by this confederation are fubmitted to them. And
the articles of this confederation ihall be inviolably- obferved by every State, and the
union (hall be perpetual; nor fhall any alteration at any time hereafter be made in any
of them; , unlefs fuch alteration be agreed to in a congrefs of the United States, and
be afterwards confirmed by the legifiature of every State.
AND V/HEREAS it hath pleafed the great Governor of the world to incline the
hearts of the legillatures we respectively reprefent in congrefs, to approve of,
and to authorife us to ratify the faid articles of confederation and perpetual union.
enow ye, that we the underfigned delegates, by virtue of the power and authority
to us given for that purpofe, do, by thefe prefents, in the name and in behalf of our
refpetlive conftituents, fully and entirely ratify and confirm each and every of the
faid articles of confederation and perpetual union, and all and lingular the matters
and things therein contained. ^ And we do further folemnly plight and engage the
faith of our refpe&ive conftituents, that they fhall abide by the determinations of the
United States in congrefs aflembled, on all queftions which by the faid confederation
are fubmitted to them, and that the articles thereof fhall be inviolably obferved by
the States we refpeclively reprefent; and that the union fhall be perpetual. In wit-
ness whereof, we have hereunto fet our hands in congrefs.
DONE at Philadelphia, in the State of Pennfylvania, the 9th day of July in the
year of our Lord, 1778. and in the third year of the independence of
America.
The aforefaid articles of confederation were finally ratified on the firft day of March,
1 78 1 ; the State of Maryland having, by their members in congrefs, on that day ac- ■
ceded thereto, and completed the fame.
NEW HAMPSHIRE C JOSIAH B ARTLETT,
jxa iy liAMl AittJUL £ JOHN WENTWORTH, jun.
f JOHN HANCOCK,
j SAMUEL ADAMS,
Mssjcavsnrs bat. f SKdS*'
I JAMES LOVELL,
LSAMUEL HOLTON.
WILLIAM ELLERY,
RHODE ISLAND, &c.:- ^ HENRY MERCHANT,
JOHN COLLINS.
CONNECTICUT.
804
APPENDIX.
CONNECTICUT.
NEW FORK.
NEW JERSEY.
PENNSYLVANIA.
DELAWARE.
MARYLAND.
VIRGINIA.
NORTH CAROLINA.
SOUTH CAROLINA.
GEORGIA.
fROGER SHERMAN,
j SAMUEL HUNTINGTON,
H OLIVER WOLCOTT,
[ TITUS HOSMER,
L ANDREW ADAMS.
f JAMES DUANE,
f FRANCIS LEWIS,
WILLIAM DUER,
L GOVERNEUR MORRIS.
1
C JOHN WITHERSPOON,
I NATHANIEL SCUDDER.
f ROBERT MORRIS,
' DANIEL ROBERDEAU,
JONATHAN BAYARD SMITH,
I WILLIAM CLINGAN,
[JOSEPH REED.
THOMAS M'KEAN,
JOHN DICKINSON,
NICHOLAS VANDYKE.
CJOHN HANSON,
I DANIEL CARROLL.
fRICHARD HENRY LEE,
j JOHN BANISTER,
i THOMAS ADAMS,
1 JOHN HARVEY,
LFRANCIS LIGHTFOOT LEE.
JOHN PENN,
CORNELIUS HARNETT,
JOHN WILLIAMS.
f HENRY LAURENS,
[ WILLIAM HENRY DRAYTON,
1 JOHN MATTHEWS,
j RICHARDHU ISON,
LTHOMAS HEYWARD, jun.
JOHN WALTON,
EDWARD TELFAIR,
EDWARD LANGWORTHY.
N<
APPENDIX. 805
N°. XLVIIL
THE CONSTITUTION
OF THE
nitetr States of America*
'E the people of the United States, in order to form a more perfect union, Preamble.
eftablifh juftice, infure domeftic tranquility, provide for the common
defence, promote the general welfare, and fecure the bleflings of liberty to ourfelves
and our poilerity, do ordain and eftablifh this conftitution for the United States of
America.
ARTICLE i.
LEGISLATURE.
Sect. 2. All legiflative powers herein granted fhall be veiled in a congrefs of the
United States, which {hall confift of a fenate andhoufe of reprefentatives.
Sect. 2. The houfe of reprefentatives fhall be compofed of members chofen every Houfe of re-
fecond year by the people of the feveral States, and the electors in each State fhall Prefentatives-
have the qualifications requifite for electors of the mofl numerous branch of the
State legiflature.
No perfon fhall be a reprefentative who fhall not have attained to the age of twenty- Qualification
five years, and been feven years a citizen of the United States, and who fhall not tnereI°r-
when elected, be an inhabitant of that State in which he fhall be chofen.
Reprefentatives and direct taxes fhall be apportioned among the feveral States, Proportion of
^which may be included within this union, according to their refpective numbers, rePrefentatlves«
which fhall be determined by adding to the whole number of free perfons, including
thofe bound to fervice for a term of years, and excluding Indians not taxed, three
fifths of all other perfons. The actual enumeration fhall be made within three years
after the firft meeting of the congrefs of the United States, and within every fubfe-
quent term of ten years, in fuch manner as they fhall by law direct. The number of
reprefentatives fhall not exceed one for every thirty thoufand, but each State fhall
have at leaft one reprefentative; and until fuch enumeration fhall be made, the State
of New Hampfhire fhall be entitled to chufe three, MafTachufetts eight, Rhode Ifland
and Providence plantations one, Connecticut five, New York fix, New Jerfey four,
Pennfylvania eight, Delaware one, Maryland fix, Virginia ten, North Carolina five,
South Carolina five, and Georgia three.
When vacancies happen in the reprefentation from any State, the executive autho Vacancieshow
rity thereof fhall iflue writs of election, to fill fuch vacancies. filled.
The houfe of reprefentatives fhall chufe their fpeaker and other officers, and fhall officers how
have the fole power of impeachment. chofen.
Sect. 3. The fenate of the United States fhall be compofed of two fenators from Senate.
each State, chofen by the legiflature thereof, for fix years ; and each fenator fhall
have one vote.
Immediately
806 A P P E N D I X.
How diviJcJ. Immediately after they ilia.ll be aiTembled in confequence of the firft election,
they ftiall be divided as equally as may be into three claffes. The feats of the fenators
of the firit clafs (hall, be vacated at the expiration of the fecond year, of the fecond clafs
at the expiration of the fourth year, and of the third clafs at the expiration of the
Vacancies how (ixth year, fo that one third may be chofen every fecond year; and if vacancies hap-
pen by resignation, or otherwise,, during the recefs of the legiflature of any State, the
executive thereof may make temporary appointments until the next meeting of the
legiflature, which (hall then fill fuch vacancies.
(Qualification of ]n,j0 perforv fhall be a fenator who fhall not have attained to the age of thirty years,
fenator; . . . J
and been nine years a citizen of the United States, and who fliall not, when elected,
be an inhabitant of that State for which he fliall be chofen.
The vice prefident of the United States fliall be prefident of the fenate, but fhall
have no vote unlefs they be equally divided.
Thofe officers The fenate fliall chufe their other oilicers, and alfo a -prefident pro tempore, in the
chofeabythem. ab fence of the vice prefident, or when he fliall exercife the office of prefident of the
United States.
Shall try im- The fenate fliall have the fole power to try all impeachments. When fitting for that
psachme.its. purpofe, they fhall be on oath or affirmation. When the prefident of the United
States is tried, the chief juftice lhal! prefide: And no perfon fhall be convidled with-
out the concurrence of two thirds of the members prefent.
judgment- Judgment in cafes of impeachment fliall not extend further than to removal from
therefor. office, and difqualification to hold and enjoy any office of honor, truftor profit under
the United States;, but the party convicled fliall neverthelefs be liable and fubjeel to
indiclment, trial, judgment and punifliment according to law.
Elections. Seel. 4. The times, places and manner of holding eleclions for fenators and
reprefentatives, fhall be prefcribed in each State by the legislature thereof, but the-
congrefs may at any time by law make or alter fuch regulations, except as to the
places for chufing fenators.
The congrefs fliall affemble at lea ft once in every year, and fuch meeting fhall be on
the firft Monday in December, unlefs they fhall by law appoint a different' day.
Particular Seel. 5.. Each houfe fhall be the judge of eleclions, returns and qualifications of
houfe. * its own members, and a majority of each fliall conftitute a quorum to do bufinefs,
but a-fmaller number may adjourn from day to day, and may be authorifed to compel
the attendance of abfent members, . in fuch manner, and under fuch penalties, as
each houfe may provide*
Each houfe may determine the rules of its proceedings, pmiifh its members for
diforderly behaviour, and with the concurrence of two thirds, expel a member.
Each houfe fliall keep a journal of its proceedings, and from time to time publifh
the fame, excepting fuch parts as may in their judgment require fecrecy : And the
yeas and nays of the members of either houfe on any queftion fhall, at the defire of
one fifth of thofe prefent, be entered on the journal.
Neither houfe, during the ceffion of congrefs, fhall, without the confent'of the
other, adjourn for more than three days, nor to any other place than that in which
the two houfes fhall be fitting.
Sea,
APPENDIX. 807
Seft. 6. The fenators and reprefentatives fhall receive a compenfation for their SSSredli'tE
fervices, to be afcertained by law, and paid out of the treafury of the United States, legiflature, pri-
They fhall in all cafes, except treafon, felony, and breach of the peace, be privileged ^tffreeTcmi
from arreft, during the attendance at the fefiion of their refpeclive houfes, and in of aHfpsech
o-oing to and returning from the fame, and for any fpeech or debate in either houfe,
they fhall not be qaeilioned in any other place.
No fenator or representative fhall, during the time for which he was elected, be No member to
appointed to any civil office under the authority of the United States, which fhall have ficerj and no
been created, or the emoluments whereof fhall have been encreafed during fuch time; officer to be a
member,
and no perfon holding any office under the United States, fhall be a member of either
houfe, during his continuance in office.
Seel. 7. All bills for raifmg revenue fhall originate in the houfe of reprefentatives; Revenue bills to
, , - /- . , t ,r 1 •],* originate with
but the fenate may propoie or concur wirn amendments as on other buis. reprefemives.
Every bill which fhall have paffed the houfe of reprefentatives and the fenate, fhall, How bills (hail
before it become a law, be prcfented to the prefldent of the United States; if he
approve he (hall fign it, but if not he fhall return it, with his objections, to that houfe
in which it fhall have originated, who fhall enter the objections at large on their
journal, and proceed to re-confider it. If after fuch re-confideration, two thirds of
that houfe fhall agree to pafs the bill, it fhall be fent, together with the objections, to
the other houfe, by which it fhall iikewife be re-confidered, and if approved by two
thirds of that houfe, it fhall become a law. But in all fuch cafes, the votes of both
houfes fhall be determined by yeas and nays, and the names of the perfons voting
for and againft the bill fhall be entered on the journal of each houfe respectively. If
any bill fhall not be returned by the prefident within ten days, (fundays excepted)
after it (hall have been prefented to him, the fame fhall be a law, in like manner as if
he had figned it, unlefs the congrefs, by their adjournment, prevent its return, in
which cafe it fhall not be a law.
Every order, refolution, or vote to which the concurrence of the fenate and houfe And -orders, re-
r ■ r^ n- \ iolv.es or votes.
of reprefentatives may be neceiiary (except on a <]ueftion of adjournment) fhall be
prefented to the prefident of the United States; and before the fame fhall take effect,
ihall be approved by him, or, being difapproved by him, fhall be re-paffed by two
thirds of the fenate and houfe of reprefentatives, according to the rules and limitations
prefcribed in the cafe of a bill.
Sea. 8. The congrefs fhall have power, 1™'*°* """
To lay and collea taxes, duties, impofts, and excifes, to pay the debts, and
provide for the common defence and the general welfare of the United States; but
all duties, impofts and excifes, fhail be uniform throughout the United States;
To borrow money on the credit of the United States;
To regulate commerce with foreign nations, and among the feveral States, and
with the Indian tribes;
To eftablifh an uniform rule of naturalization, and uniform laws on the fubjea of
bankruptcies throughout the United States;
To coin money, to regulate the value thereof, and of foreign coin, and fix the
ftandard of weights and meafures; To
8o8. APPENDIX
To provide for the punifhment of counterfeiting the fecurities and current coin of
the United States;
To eftabliffi poft offices and poft roads*,
To promote the progrefs of fcience and ufeful arts, by fecuring for limited times to
the authors and inventors, the exclufive right to their refpective writings and difco-
veries;
To conftitute tribunals, inferior to the fupreme court;
To define and puni(h piracies and felonies, committed on the high feas, and offences
againft the law of nations;
To declare war, grant letters of marque and reprifal, and make rules concerning
captures on land and water;
To raife and fupport armies, but no appropriation of money to that ufe fhall be
for a longer term than two years :
To provide and maintain a navy ;
To make rules for the government and regulation of the land and naval forces ;
To provide for calling forth the militia, to execute the laws of the union, fupprefs
infurreclions, and repel invafions ;
To provide for organizing, arming, and difciplining the. militia, and for govern-
ing fuch part of them as may be employed in the fervice of the United States, referv-
ing to the States refpecKvely, the appointment of the officers, and the authority of
training the militia, according to the difcipline prefcribed by congrefs ;
To exercife exclufive legiflation in all cafes whatfoever, over fuch diftricT: (not ex-
ceeding ten miles fquare) as may, by ceffion of particular States, and the acceptance
of congrefs, become the feat of government of the United States ; and to exercife
like authority over all places purchased by the confent of the legiflature of the State
in which the fame fhall be, for the erection of forts, magazines, arfenals, dock yards
and other needful buildings ; and
To make all laws which fhall be neceffary and proper for carrying into execution
the foregoing powers, and all other powers veiled by this conftitution in the govern-
ment of the United States, or in any department or officer thereof.
Powers of con- - Sect. 9. The migration or importation of fuch perfons as any of the States now
grefsreftrameJ. exift"ng i>jaj} think proper to admit, fhall not be prohibited by congrefs prior to the
year 1808; but a tax or duty may be impofed on fuch importation, not exceeding
ten dollars for each perfon.
The privilege of the writ of habeas corpus fhall not be fufpended, unlefs when in
cafes of rebellion, or invafion, the public fafety may require it.
No bill of attainder, or ex poft faclo law fhall be pafied.
No capitation, or other direct: tax fhall be laid, unlefs in proportion to the cenfus or
enumeration herein before directed to be taken.
No tax or duty fhall be laid on articles exported from any State. No preference
mall be given by any regulation of commerce or revenue to the ports of one State
over thofe of another: Nor fhall veffels bound to, or from, one State, be obliged to
enter, clear, or pay duties in another.
\ No
A P P E N D I X. 809
No money (hall be drawn from the treafury, but in confequence of appropriations
made by law; and a regular ftatement and account of the receipts and expenditures-
of all public money ihall be published from time to time.
No title of nobility fhall be granted by the United States : And no perfon holding-
any office of profit or truft under them, mall," without the content of congrefs, accept
of any prefent, emolument, office, or title, of. any kind whatever, from any king, prince,
or foreign State.
Seel. 10. No State (hall enter into any treaty, alliance, or confederation ; grant Limitation gF
letters of marque and reprifa! ; coin money ;. emit bills of credit; make any thing the powers of
, 111 n • 1 • rjL r i-nr • j individual
but gold and hlver coin a tender in payment or debts; pals any bill 01 attainder, ex states.
pall faclo law,, or law irnparing the obligation of contracts, or grant any'title of.
nobility.
No State fhall, without the confent of congrefs, lay any import' or duties on imports,,
or exports, except what may be abfolutely neceflary for executing its iufpeetion laws;
and the net produce of all duties and imports, laid by any State on imports or exports,
fhall be for the ule of the treafury of the United States; and all fuch laws fhall be
fubjedt to the revifion and controul of the congrefs.. No State (hall, without the con-
fent of congrefs, lay any duty of tonnage, keep troops, or fhips of war, in time of peaces
enter into any agreement or compact with another State, or with a foreign power, or
engage in war, unlefs actually invaded, or in fuch imminent danger as will not admit
of delay.
article ir.
EXECUTIVE..
Seel. I. The executive power {hall be vefted in a prefident of the United States Prefident elect-
of America. He fhall hold his office during the term of four years, and, together ed ior four
o ; » ' b years.
with the vice prefident, choftn for the fame term, be elected as follows;.
Each State fhall appoint, in fuch manner as the Jegiflature thereof may direct a How defied,
number of electors, equal to the whole number of fenators and reprefentatives- to
which the State may be entitled in the congrefs; but no fenator or reprefentative, ov~
perfon holding any office of truft ©r profit under the United States fhall be appointed'
an elector.
The electors fhall meet in their refpective States, and vote by ballot for two perfons,
of whom one at leaft (hall not be an inhabitant of the laid State with themfelves. And'
they fhall make a lift of all the perfons voted for, and of the number of votes for
each ; which lift they fhall fign and certify, and tranfmit fealed to the feat of govern-
ment of the United States, directed to the prefident of the fenate. The prefident of
the fenate fhall, in the prefence of the fenate and houfe of reprefentatives, open all the
certificates, and the votes fhall then be counted. The perfon having the greateft num-
ber of votes fhall be the prefident, if fuch number be a majority of the whole number
of electors appointed'; and if there be more than one who have fuch majority, and
have an equal number of votes, then the houfe of reprefentatives fhall immediately
chufe by ballot one of them for prefident; and if no perfon have a majority, then
from.. the five higheft on the lift the faid houfe fhall in like manner chufe the prefident.
5K But'
"8io
A "P P E N D I X.
Time and clay
of election to
lie determined
by congrefs.
Qualification of
president.
Vacancy of pre-
fident how fup-
plied.
Compenfation
to prefident.
And his oath.
Powers of pre-
fident.
But ia chufmg the prefident the votes (hall be taken by States, the reprefentation
from each Slate having one vote; a quorum for this purpofe dial! confift of a member
or members from two thirds of the States, and a majority of the States fhall be necef-
fary to a choice. In every cafe, after the choice of the prefident, the perfon having
the greateft number of votes of the electors mall be the vice prefident. But if there
mould remain two or more who have equal votes, the fenate (hall chufe from them,
by ballot, the vice prefident.
The congrefs may determine the time of chafing the electors, and the day on
which they mall give their votes ; which day mall be the fame throughout the United
States.
No perfon except a natural born citizen, or a citizen of the United States,
at the time of the adoption of this conuitution, fhall be eligible to the office
of prefident; neither (hall any perfon be eligible to that office who (hall not have
attained to the age of thirty-five years, and been fourteen years a refident: within the
United States.
In cafe of the removal of the prefident from office, or of his death, refignation, or
inability, to difcharge the powers and duties of the faid office, the .fame fhall devolve
on the vice prefident, and the congrefs may by law provide for the cafe of removal,
death, refignation or inability, both of the prefident and vice prefident, declaring
what officer fhall then acl: as prefident, and fuch officer fhall acl: accordingly, until
the difability be removed, or a prefident fhall be elected.
The prefident fhall, at ftated times, receive for his fervices, a compenfation, which
fhall neither be encreafed nor diminifhed during the period for which he fhall have been
elected, and he fhall not receive, within that period, any other emolument from the
United States, or any of them.
Before he enter on the execution of his office, he fhall take the following oath or
affirmation.
" I do folemnly fwear (or affirm) that I will faithfully execute the office of prefi-
dent of the United States, and will, to the bed of my ability, preferve, protect and
defend the conftitution of the United States."
Sect. 2. The prefident fhall be commander in chief of the army and navy of the
United States, and of the militia of the feveral States, when called into actual fervice
of the United States; he may require the opinion in writing, of the principal officer
in each of the executive departments, upon any fubject relating to the duties of their
refpeclive offices, and he fhall have power to grant reprieves and pardons for offences
againfl the United States, except in cafes of impeachment.
He fhall have power, by and with the advice and confent of the fenate, to make
treaties, provided two thirds of the fenators prefent concur; and he fhall nominate,
and by and with the advice and confent of the fenate, fhall appoint ambaffadors, other
public minifters and confuls, judges of the fupreme court, and all other officers of the
United States, whofe appointments are not herein otherwife provided for, and which
fhall be eftablifhed by law. But the congrefs may by law veil the appointment of fuch
inferior officers, as they think proper, in the prefident alone, in the courts of law, or
in the heads of departments. The
APPENDIX. 8|1
The prefident ffiall have power to fill up all vacancies that may happen during the
recefs of the fcnate, by granting commiffions which {hall expire at the end of "their
next feffion.
Sea. 3. He {hall from time to time give to the congrefs information of the State To^veiaform-
of the union, and recommend to their confideration fuch meafures as he {hall judge S'Sdmav
neceffaryand expedient; he may, on extraordinary occafions, convene both houfes ^™ thenf
or either of them, and in cafe of disagreement between them, with refpeft to the fS^SSS
time ot adjournment, he may adjourn them to fuch time as he /hall think proper • he iaws' ai,d com"
ihall receive ambaffadors and other public minifters; he (hall take care that the' Jaw "^ *$"*"
be faithfully executed, and {hall commiffion all the officers of the United States.
• Sea. 4. The jrefident, vice prefident and all civil officers of the United States, Officers whea
.hall be removed from office on impeachment for, and common of, treafen, bribery removable-
or other high crimes and mifdemeanors.
ARTICLE III,
JUDICIARY.
Seel, i The judicial power of the United States, (hall be veiled in one fupreme One court,
court, and in fuch inferior courts as the congrefs may from time to time ordain and
eftabliffi. The judges both of the fupreme and inferior courts, {hall hold their offices Judge, to be
during good behaviour, and (hall, at dated times, receive for their fervices, a comnen- aPPcintc,<\ d,u-^
fation which (hall not be diminiffied during their continuance in office. P SJK&'S*
Sea. 2. The judicial power (hall extend to all cafes, in law and equity, arifinp; {?e Compen'
under this conftitution, the laws of the United States, and treaties made, or which Powers of judi.-
ihall be made, under their authority, to all cafes affixing ambaffadors, other public Ciary"
mmifters and confuls; in all cafes of admiralty and maritime jurifdiaion; to contro-
verfies to which the United States (hall be a party; to controverts between two or
more States, between a State and citizens of another State, between citizens of
different States, between citizens of the fame State claiming lands under grants of
different States, and between a State, or the citizens thereof, and foreign States,
citizens or fubjeas.
In all cafes affecting ambaffadors, other public minifters and confuls, and thofe in
which a State (hall be party, the fupreme court (hall have original jurifdiaion. In all
the other cafes before mentioned the fupreme court ffiall have appellate jurifdiaion,
both as to law and fafc, with fuch exceptions, and under fuch regulations, as the"
congrefs ffiall make.
. • Tl6 »K °t u ^Tc CXCept ^ C3-e °f "P"5*****. ffiall be by jury; and fuch
trial ffiall be held m the State where the faid crimes ffiall have been committed; but
when not committed within any State, the trial ffiall be at fuch place or places as the
congrefs may by law have direaed.
Sea. 3. Treafon againft the United States ffiall confift only in levying war againft Declaration of;
tuVOT m4dhfn^ t0rtheir enehlies> Sivi"g ^em aid and comfort. No perfon treafo-
ffiall be convive 1 of treafon, unlefs on the teftimony of two witneffes to the fame overt
act, or on conieliion 111 open court.
The
813
APPENDIX.
And its punifh-
ment to lie de-
clared by csn-
grefs.
Reciprocal cre-
dit to be given
to records, ike.
Priveleges of
citizens.
Fugitives' from
juftice to be
delivered up.
Servants, &c.
not discharged
from fuch fer-
vice on efcape
into another
State.
New States to
be admitted.
Powers of con-
grefs refpecting
territory, &c.
Republican
form of govern-
. ment granted
to each State.
Amendments
"how propofed
-and ratified.
The congrefs fliall have power to declare the punifiiment of treafon, but no attain*
der of treafon fliall work corruption of blood, or forfeiture, except during the life of
the perfon attainted.
ARTICLE IV.
Sect, i. Full faith and credit fliall be given in each State to the public ads, records5
and judicial proceedings of every other State. And the congrefs may by general laws
prefcribe the manner in which fuch acts, records, and proceedings (hall be proved,
and the effect thereof.
Sect. 2. The citizens of each State fhall be entitled to all privileges and immunities
of citizens in the feveral States.
A perfon charged in any State with treafon, felony, Or other crime, who fliall ilee
from juftice, and be found in another State, fliall, on demand of the executive autho-
rity of the State from which he fled be delivered up, to be removed to the State
having jurisdiction of the crime.
No perfon held to fervice or labor in one State, under the laws thereof, efcaping
into another, fliall, in confequence of any law or regulation therein, be difcharged
from fuch fervice or labor, but fliail be delivered up on claim of the party to whom
fuch fervice or labor may be due.
Seel. 3. New States may be admitted by the congrefs into this union; but no new
State fliall be formed er erected within the jurifdiction of any other State; nor any
State be formed by the junction of two or more States, or parts of States, without
the content of the legiflatures of the States concerned, as well as of the congrefs.
The congrefs (hall have power to difpofe of and make all needful rules and regula-
tions refpetting the territory or other property belonging to the United States; and
nothing in this conftitution (hall be fo conflrued as to prejudice any claims of the
United States, or of any particular State.
Seel. 4. The United States fliall guarantee to every State in this union, a repub-
lican form of government, and fliall protect each of them againft invafion; and on
application of the legiflature, or of the executive (when the legiflature cannot be
convened) againfl domeftic violence.
ARTICLE V.
AMENDMENTS.
The congrefs, whenever two thirds of both houfes fliall deem it necefTary, fliall
propofe amendments to this conftitution, or, on the application of the legiflature of
two thirds of the feveral States, fliall call a convention for propofing amendments,
which, in either cafe, fliall be valid to all intents and purpofes, as part of this confti-
tution, when ratified by the legiflatures of three fourths of the feveral States, or by
conventions in three fourths thereof, as the one or the other mode of ratification may
be propofed by the congrefs; Provided, that no amendments which may be made
prior to the year one thoufand eight hundred and eight, fliall in any manner afreet the
firft and fourth claufes in the ninth feet ion, of the firft article; and that no State,
without its confent, fliall be deprived of its equal fuffrage in the fenate.
ARTICLE
APPENDIX.
8iJ
ARTICLE VI.
All debts contrafted, and engagements entered into, before the adoption of this
constitution, fhall be as valid againft the United States, under this conftitution, as
under the confederation.
This conftitution, and the laws of the United States which (hall be made in purfu-
ance thereof, and all treaties made, or which (hall be made under the authority of
the United States fhall be the fupreme law of the land, and the judges in every State
fhall be bound thereby; any thing in the conftitution or laws of any State to the con-
trary notvvithftanding.
The fenators and reprefentatives before mentioned, and the members of the feveral
State legiflatures., and all executive and judicial officers, both of the United States
and of the feveral States, fhall be bound by oath or affirmation, to fupport this confti-
tution. But no religious teft fhall ever be required as a qualification to any office or
public truft under the United States.
ARTICLE VII.
The ratification of the conventions of nine States, fhall be fufficient for the
eftablifhment of this conftitution between the States fo ratifying the fame.
DONE in Convention by the unanimous confent of the States prefent, the j'jth day
of September, in the year of our Lord 1 787, and of the independence of the United
States of America the 1 2th. In nvitnefs whereof ive have hereunto fubferibed our
names.
GEORGE WASHINGTON, Prefident, and Deputy from Virginia.
Debts, &c. of
United States
vajid.
Conftitution
laws, &c. of
United States to
be fupreme law
of land.
Oath of legifla-
ture and of all
officers of the
United States
and of the feve-
ral States.
No religious
teft a qualifica-
tion for any of-
ffice.
Ratification of
nine States efta-
blifhes this toa-
ftitution.
NEW HAMPSHIRE.
MASSACHUSETTS.
CONNECTICUT
NEW YORK.
NEW JERSEY.
PENNSYLVANIA,
CJOHN LANGDON.
£ NICHOLAS GILMAN.
C NATHANIEL GORHAM,
£RUFUS KING.
$ WILLIAM SAML. JOHNSON
£ROGER SHERMAN.
^ ALEXANDER HAMILTON.
WILLIAM LIVINGSTON,
I DAVID BREARLEY,
I WILLIAM PATERSON,
[ JONATHAN DAYTON.
f BENJAMIN FRANKLIN,
THOMAS MIFFLIN,
ROBERT MORRIS,
GEORGE CLYMER,
THOMAS FITZSIMMONS,
JARED INGERSOL,
JAMES WILSON,
GOUV. MORRIS.
DELAWARE.
i
8, '4
A P E N P D I X.
DELAWARE,
MARYLAND.
VIRGINIA.
NORTH CAROLINA.
SOUTH CAROLINA,
GEORGIA.
Atteft.
f GEORGE READ,
| GUNNING BEDFORD, jun.
«{ JOHN DICKINSON,
| RICHARD BASSETT,
[JACOB BROOM.
f JAMES M'HENRY,
) DANIEL OF ST. THOS. JENIFER,
(DANIEL CARROLL.
^"JOHN BLAIR,
I JAMES MADISON, jun.
r WILLIAM BLOUNT,
3 RICHARD DOBBS SPAIGHT,
(HUGH WILLIAMSON.
fj. RUTLEDGE,
j CHARLES C. PINCKNEY.
] CHARLES PINCKNEY,
(_PIERCE BUTLER,
£ WILLIAM FEW,
I ABRAHAM BALDWIN.
WILLIAM JACKSON, Secretary.
Amendments.
The convention of a number of States, having, at the time of their adopting the
conftitution, exprefied a defire, in order to prevent mifconflrudtion or abufe
of its powers, that further declaratory and reftriclive claufes fhould be added :
And, as extending the ground of public confidence in the government, will
bed infure the beneficent ends of its inftitution:
ESOLVED by the fenate and hoafe of representatives of the United States of Ame-
rica, fh congrefs' affembled, invo thirds of both houfes concurring, That the following
articles be propofed to the legiflatures pf the feveral States, as amendments to the con-
ftitution of the United States, all or any of which articles, when ratified by three-
fourths of, the faid legiflatures, to be valid to all intents and purpofes, as part of the
faid conftitution, viz.
Articles in addition to, and amendment of the conjlitution of the United States of America)
propofed by congrefs, and ratified by the legiflatures of the feveral States, purfuant to the
fifth article of the original confutation.
ARTICLE I.
FTER the firft enumeration required by the firft article c-f the conflitution,
there fhall be one reprefentative for every thirty thoufand, until the number
fhall amount to one hundred, after which the proportion fhall be fo regulated by
congrefs
APPENDIX. '815
congrefs, that there {half be not lefs than one hundred representatives, nor lefs than ,
one yeprefentative for every forty thoufand perfons, until the number of reprefenta-
tives (hall amount to two hundred; after which the proportion fhall be fo regulated
by congrefs, that there (hall be not lefs than two hundred reprefentatives, nor more
than one reprefentarive for every fifty thoufand perfons.
ARTICLE 11.
No law varying the compenfation for the fervices of the Senators and reprefenta-
tives, fhall take effect, until an election of reprefentatives (hall have intervened.
ARTICLE III.
Congrefs fhall make no law refpecting an eftablifhment of religion, or prohibiting
the free exercife thereof; or abridging the freedom of fpeech or of the prefs; or
the right of the people peaceably to affemble, and to petition the government for a
redrefs of grievances.
ARTICLE IV.
A well regulated militia being neceiTary to the fecurity of a free State, the right of
the people to keep and bear arms fhall not be infringed.
ARTICLE v.
No foldier fhall in time of peace be quartered in any houfe, without the confent of
the owner ; nor in time of war, but in a manner to be prefcribed by law.
ARTICLE VI.
The right of the people to be fecure in their perfons, houfes, papers and effects,
r.gainft unreafonable fearches and feizures, fhall not be violated, and no warrants
fhall iffue, but upon probable caufe, fupported by oath or affirmation, and particularly
defcribing the place to be fearched, and the perfons or things to be feized.
ARTICLE VII.
No perfon fhall be held to anfwer for a capital crime, or otherwife infamous
crime, unlefs on a prefentment or indictment of a grand jury, except in cafes arifino-
in the land or naval forces, or in the militia when in actual fervice in time of war
or public danger; nor fhall any perfon be fubject for the fame offence to be twice put
in jeopardy of life or limb; nor fhall be compelled, in any criminal cafe, to be wit-
nefs againft himfelf, nor be deprived of life, liberty, or property, without clue procefs
of law; nor ihall private property be taken for public ufe without juft compenfation.
ARTICLE VIII.
In all criminal profecutions the accufed fhall enjoy the right to a fpeedyand public
trial, by an impartial jury of the State and diftrict wherein the crime fhall have been
committed, which diftrict fhall have been previoufly afcertained by law, and to be
informed of the nature and caufe of the accufation; to be confronted with the wit-
neffes againft him; to have compulfory procefs for obtaining witneffes in his favour,
and to have the affiftance of counfel for his defence.
ARTICLE IX.
In fuits at common law, where the value in controverfy fhall exceed twenty dollars,
the right of trial by jury fhall be preferved, and no fact, tried by a jury, ihall be
otherwife
B16 APPENDIX
otherwife re-examined in any court of the United States, than according to the mle.s
of the common law.
article x.
Exceffive hail (hall not be required, nor exceffive fines impofed, nor cruel and
nnuiual puniihments inflicted.
ARTICLE XI.
The enumeration in the conflitution, of certain rights, (hall not be conftrued to
deny or difparage others retained by the people.
ARTICLE XII.
The powers not delegated to the United States by the conflitution, nor prohibited.
by it to the Slates, are referved to the States refpe&ively, or to the people.
No. XLIX.
An Acl more effectually to provide for the national defence by ejlablifb.~
ing an uniform militia throughout the United States .
Militia how, I. lfj$ E if enact td by the fenate and houje.of reprefeniatives of the United Slates ofAtne-
and by whom
to be enrolled. JLJ' rica, in congre/s aj/tmbled, lnat each and every rree able bod-ed white mate
citizen of the refpecrive States, reOdent therein, who is or fliall be of the age of
eighteen years, and under the age of forty-five years (except as is herein after except-
ed) mail feveraliy and refpectively be enrolled in the militia by the captain or com-
manding officer of the company, within whofe bounds fuch citizen fhall refide, and
that within twelve months after the palling of this act. And it (hall at all times
hereafter be the duty of every fuch captain or commanding officer of a company to
enrol every fuch citizen, as aforefaid, and alfo thofe who fhall, from time to time,
arrive at the age of eighteen years, or being of the age of eighteen years and under
the age of forty-five years (except as before excepted) fhall come to refide within his
bounds ; and fliall without delay notify fuch citizen of the faid enrolment, by a proper
non-commiffioned officer of the company, by whom fuch notice may be proved/
How to be That every citizen fo enrolled and notified, ihall, within fix months thereafter, pro-
coutr'e/.11' a vide himfelf with a good mufket or firelock, a fufficient bayonet and belt, two fpare
flints, and a knapfack, a pouch with a box therein, to contain not lefs than twenty-
four cartridges, fuited to the bore of his mufket or firelock, each cartridge to contain a
a proper quantity of powder and ball; or with a good rifle, knapfack, fhot pouch and
powder horn, twenty balls fuited to the bore of hisriflle, and a quarter of a pound of
powder; and fnall appear fo armed, accoutred and provided, when called out to ex-
ercife or into fervice, except that, when called out on company days, to exercife only,
he may appear without a knapfack. That the commiflioned officers fliall feveraliy be
armed with a fwerd or hanger and efpontoon,.and that from and after five years from
the paffing of this act, all mufkets for arming- the militia as herein required, fhall be
of bores fufficient for bails of the eighteenth part of a pound. And every citizen fo en-
roiled, and providing himfelf with the arms, ammunition and accoutrements requiredj
as
APPENDIX. 817
as afore faid, fhall hold the fame exempted from all fuits, diftrefTes, executions or
fales for debt or for the payment of taxes.
II. And be it further enacted) That the vice prefident of the United States; the officers, Executive cffi-
judicial and executive of the government of the United States; the members of both gmp'ted!" C
houfes of congrefs, and their refpeftive officers ; all cuftom houfe officers with their clerks ;
all poft officers and ftage drivers, who are employed in the care and conveyance of
the mail of the poft office of the United States ; all ferrymen employed at any ferry
on the poft road ; all infpectors of exports ; all pilots ; all mariners actually employ-
ed in the fea fervice of any citizen or merchant within the United States ; and all
perfons who now are or may hereafter he exempted by the laws of the refpe£tive
Stares, (hail be and they are hereby exempted from militia duty, notwithftanding
their being above the age of eighteen, and under the age of forty- five years. Militia how to
III And be it further enacled, That within one year after the paffing of this a£t, ^darranSed>
the militia of the refpective States fhall be arranged into divifions, brigades, regiments,
battalions and companies, as the legiflature of each State (hall direct.; and each divi-
fion, brigade and regiment, fhall be numbered at the formation thereof; and a
record made of fuch numbers in the adjutant general's office in the State; and when
in the field, or in the fervice in the State, each divifion, brigade and regiment, fhall
refpeCtivdy take rank according to their numbers, reckoning the firft or lowed
number higheft in rank. That if the fame be convenient, each brigade fhall confift
of four regiments; each regiment of two battalions; each battalion of five compa- By whom offi-
mes; each company of fixty four privates- That the faid militia fhall be officered by cered-
the relpective States, as follows: To each divifion one major general, and two aid-
de camps with the rank of major, to each brigade one brigadier general, with one
brigade infpedtor, to ferve alfo as a brigade major, with die rank of a major; to each re-
giment one lieutenant colonel commandant; and to each battalion one major; to each
company one captain, one lieutenant, one enfign, four fergeanls, four corporals,
one drummer, and one fifer or bugler. That there fhall be a regimental ftafF, to confift
of one adjutant and one quarter-mafter, to rank as lieutenants; one paymafter;one fur-
geon and one furgeon's mate; one fergeant major, one drum-major and one fife-major.
IV. And be it further enacted) That out of the militia enrolled, as is herein direct- Each battalion
ed, there fhall be formed for each battalion at leaft one company of grenadiers, light t0 havc one
infantry or riflemen; and that to each divifion there fhall be at leaft one company of grenadiers, &c,
artillery and one troop of horfe: There fhall be to each company of artillery one can- and orj^com"
1 , * * / ■ r pany 01 aitille-
tain, two lieutenants, four fergeants, four corporals, fix gunners, fix bombadiers, ry.
one drummer and one fifer. The officers to be armed with a fword or hanger, a Officers how to
fufee, bayonet and belt, with a cartridge box to contain twelve cartridges; and each
private or matrofs fhall furnifh himfelf with all the equipments of a private in the in-
fantry, until proper ordinance and field artillery is provided. There fhall be to each Troops of horfs
troop of horfe, one captain, two lieutenants, one cornet, four fergeants, four cor- how officered,
porals, one faddler, one farrier and one trumpeter. The commiffioned officers to
furnifh themfelves with goodhorfes, of at leaft fourteen hands and an half high, and
to be armed with a fword and a pair of piftols, the holders of which to be covered
5 L with.
8x8
A P
■E N D I X.
Artillery and
horfe ot whom
to be formed ;
Tobe uniformly
clad at their
own expence.
What colors,
'&c. and by
whom to be
furnilhtd.
Adjutant c;enc-
r.il in each
State his duty.
Rules of difci-
pline.
Officers how to
Jake rank.
with bearikin caps. Each dragoon to furnifh himfeif with a ferviceable horfe, at
lealt fourteen hands and an half high, a good faddle, bridle, mail-piilion and valice,
holders and a breaM-plate and crupper; a pair of boots and fpurs, a pair of piftols, a
fabre and a cartouch box, to contain twelve cartridges for piftols. That each compa-
ny of artillery and troop of horfe ihall be formed of volunteers from the brigade, at
the discretion of the commander in chief of the State, not exceeding one company of
each to a regiment, nor more in number than one eleventh part of the infantry, and
ihall be uniformly clothed in regimentals, to be furnifhed at their own expence;. the
color and faihion to be determined by the brigadier commanding the brigade to which
they belong.
V. And be it further enaSkdt That each battalion and regiment (hall be provided
with the State and regimental colors by the field officers, and each company with a
drum and fife or bugle horn, by the commifTioned officers of the company, in fuch
manner as the legillature of the refpective States ihall direct.
VI. And be it further enaclcd, That there Ihall be an adjutant general appointed in
each State, whofe duty it ihall be to diftnbute all orders from the commander in chief
of the State to the feveral corps; to attend all public reviews when the commander
in chief of the State ihall review the militia or any part thereof; to obey all orders from
him relative to carrying into execution and perfecting the fyftem of military difcipline
eftablifhed by this act; to furnifh blank forms of different returns that may be required,
and to explain the principles on which they ihould be made; to receive from the fe-
veralofficersof the different corps throughout the State, returnsof the militiaunder their
command, reporting the actual fituation of their arms, accoutrements and ammunition,
their delinquencies, and every other thing which relates to the general advancement of
good order and difcipline: All which the feveral •officers of the divifions, brigades, regi-
ments and battalions, are hereby required to make in the ufual manner, fo that the faid
adjutant-general may be duly furniihed therewith; from all which returns he fhall make
proper abstracts, and lay the fame annually before the commander in chief of the
State.
VII. And be it further enabled. That the rules of difcipline, approved and efta-
blifhed by congrefs in their refoluticn of the twenty-ninth of March, one thoufand
feven hundred and feventy-nine, fhall be the rules of difcipline to be obferved by the
militia throughout the United States, except fuch deviations from the faid rules as
may be rendered neceffary by the requifitions of this act, or by fome other unavoid-
ble circumftances. It fhall be the duty of the commanding officer at every mutter,
whether by battalion, regiment or fingle company, to caufe the militia to be exer-
cifed and trained agreeably to the faid rules of difcipline.
VIII. And be it further enacted. That all commiffioned officers fhall take rank ac-
cording to the date of their commiffions; and when two of the fame grade bear an
equal date, then, their rank fhall be determined by lot, to be drawn by them before
the commanding officer of the brigade, regiment, battalion, company or detach-
ment.
IX.
APPENDIX. 819
IX. And be it further enaEledy That if any perfon whether officer or foldier, belongs Prr°vifion hi
;ng to the militia of any State, and called out into the fervice of the United States, be &c.
wounded or difabled while in actual fervice, he (hall be taken care of,' and provided
for at the public expence.
X. And be it further enaEled> That it (hall be the duty of the brigade infpeSor to Brigade infpec-
attend the regimental and battalion meetings of the militia compofmg their feveral tors duty.
brigades, during the time of their being under arms, to infpecl: their arms, ammu-
nition and accoutrements; fuperintend their exercife and manoeuvres, and introduce
the fyftem of military difcipline before defcribed throughout the brigade, agreeable
to law, and fuch orders as they fhall from time to time, receive from the command-
er in chief of the State; to make returns to the adjutant general of the State, at lead
once in every year, of the militia of the brigade to which he belongs, reporting there-
in the actual fituation of the arms, accoutrements and amunition of the feveral corps,
and every other thing which, in his judgment, may relate to their government, and
the general advancement of good order and military difcipline; and the adjutant gene-
ral (hall make a return of all the militia of the State to the commander in chief of the
faid State, and a duplicate of the fame to the prefident of the United States.
XI. And whereas, fundry corps of artillery, cavalry and infantry, now exift in fe- Artillery, &c,
veralofthe faid Scates, which by the laws, cuftoms or ufages thereof, have not been
incorporated with, or fubject to the general regulations of the militia:
Be it further enabled, That fuch corps retain their accuflomed privileges, fubje£t, T? retain their
neverthelefs, to all other duties required by this a£t, in like manner with the other °ses'
militia.
JONATHAN TRUMBULL, Speaker of the Houfe of Reprefentatives.
RICHARD HENRY LEE, Prefident pro tempore of the Senate.
Approved, May 8th, 1792.
GEORGE WASHINGTON, Prefident of the United States.
Deported among the Rolls in the Office of the Secretary of State.
THOMAS JEFFERSON, Secretory of State.
N<\ L.
Rules and articles for the better government of the troops raifed, or to
be raifed, and kept in pay, by, and at the expence of the United
States of America.
In Congress, September 20, 1776.
RESOLVED, That from and after the publication of the following articles in the
refpecYive armies of the United States, the rules and articles by which the faid
armies have hitherto been governed, (hall be, and they are hereby repealed.
By order of congrefs,
JOHN HANCOCK, Prefident.
SECTION
820 A P E N P D I X,
SECTION I.
Art. r. That every officer who fhall be retained in the army of the United States
{hall, at the time of his acceptance of his commiffion, fubfcribe thefe rules and regu-
lations.
Art. 2. It is earneftly recommended to all officers and foldiers, diligently to attend "
divine fervice. And all officers and foldiers who fhall behave indecently or irreverently
at any place of divine worfhip, fhall if commiffioned officer, be brought before a
general court martial, there to be publicly and feverely reprimanded by the prefident ;
if non-commiffioned officers or foldiers, every perfon fo offending, fhall for his firft
offence, forfeit onefixth of a dollar , to be deducted out of his next pay; for the fecond
offence, he fhall not only forfeit the like fum, but be confined for twenty four hours ;
and for every like offence fhall fuffer and pay in like manner; which money, fo for-
feited fhall be applied to the ufe of fick foldiers of the troop or company to which the
offender belongs.
Art. 3. Whatsoever non-commiffioned officer or foldier, fhall ufe any profane
oaths or execration, fhall incur the penalties expreffed in the foregoing article; and if
a commiffioned officer be thus guilty of profane curfing or fwearing, he fhall forfeit
and pay for each and every fuch ofFence tiuo thirds of a dollar.
Art. 4. Every chaplain, who is commiffioned to a regiment, company, troop, or
garrifon, and (hall abfent himfelf from faid regiment, company, troop, or garrifon
(except in cafe of ficknefs, or leave of abfence) (hall be brought to a court martial,
and be fined, not exceeding one month's pay, befides the lofs of his pay during his
abfence, or be difcharged, as the faid court martial fhall judge moft proper.
SECTION 11.
MUTINY.
Art. I. "Whatsoever officer or foldier fhall prefume to ufe traiterous or difrefpecfful
words againft the authority of the United States in congrefs affembled, or the legifla-
ture of any of the United States, in which he may be quartered; if a commiffioned
officer, he fhall be cafhiered; if a non- commiffioned officer or foldier, he fhall fuffer
fuch punifhment as fhall be inflicted upon him by the fentence of a court martial.
Art. 2. Any officer or foldier, who (hall behave himfelf with contempt or difrefpec~t
towards the general or other commander in chief of the forces of the United States, or
fnall fpeak words tending to his hurt or difhonor, fhall be punifhed according to the
nature of his offence, by the judgment of a court martial.
Art. 3. Any officer or foldier, who fhall begin, excite, caufe or join in any mutiny
or fedition in the troop, company, or regiment to which he belongs, or in any other
troop or company in the fervice of the United States, or in any party, poft, detach-
ment or guard, on any pretence whatsoever, fhall fuffer death, or fuch other punifh-
ment as by a court martial fhall be inflicted.
Art. 4. Any officer, non-commiffioned officer, or foldier, who being prefent at
any mutiny or fedition, does not ufe his utmoft endeavor to fupprefs the fame; or
coming to the knowledge of any intended mutiny, does not, without delay, give in-
formation
APPENDIX. 821
formation thereof to his commanding officer, (hall be punifhed by a court martial with.,
death, or otherwife, according to the nature of the offence.
Art. 5. Any officer or foldier who fhall ftrike his fuperior officer, or draw, or
fhall lift up any weapon, or offer any violence againft him, being in the execution of
his office, on any pretence whatfoever, or fhall difobey any lawful command of his
fuperior officer, fhall fuffer death, or fuch other punifhment as fhall, according to the
nature of his offence, be inflicted upon him by the fentence of a court martial.
SECTION III.
OF ENLISTING SOLDIERS.
Art. 1. Every non-commiffioned officer and foldier, who fhall enlift himfelfin the.
fervice of the United States, (hall, at the time of his fo enlifting, or within fix days*
afterwards, have the articles for the government of the forces of the United States
read to him, and fhall^ by the officer who enlifted him, or by the commanding officer
of the troop or company into which he was enlifted, be taken before the next juftice
of the peace, or chief magistrate of any city or town corporate, not being an officer of,
the army, or where recourfe cannot be had to. the civil magiftrate, before the judge
advocate, and in his prefence fhall take the following oath, or affirmation, if confci-
entioufly fcrupulous about taking an oath:
I fwear, or affirm (as the cafe may be) to be true to the United States of Ame-
rica, and to ferve them honeftly and faithfully againtt all their enemies or oppofers
whatfoever; and to obferve and obey the orders of the continental congrefs, and the.
orders of the generals and officers fet over me by them. .
Which juftice or magiftrate is to give the officer a certificate, Signifying that the.
man enlifted did take the faid oath or affirmation.
Art. 2. After a non-commiffioned officer or foldier fhall have been duly enlifted
and fworn, he fhall not be difmiffed the fervice without a difcharge in writing; and
no difcharge granted to him fhall be allowed of as fufficient, which is not figned by a
field officer of the regiment into which he was enlifted, or commanding officer, where
no field officer of the regiment is in the fame State.
SECTION IV.
MUSTERS and FURLOUGHS.
Art. 1. Every officer commanding a regiment, troop or company, fhall, upon the
notice given to him by the commiffary of mutters, or from one of his deputies,
affemble the regiment, troop or company, under his command, in the next convenient
place for being muttered.
Art. 2. Every colonel, or other field officer commanding the regiment, troop or
company, and actually refiding within it, may give furloughs to non-commiffioned
officers and foldiers, in fuch numbers, and for fo long a time, as he fhall judge to be
moft confiftent with the good of the fervice; but no non-commiffioned officer or fol- •
dier fhall by leave of his captain, or inferior officer commanding the troop or com-*
pany (his field officer not being prefent' be abfent above twenty days in fix months,
nor fhall more than two private men be abfent at the fame time, from their.troop. or
company^ ,
822 • APPENDIX.
company,' excepting fome extraordinary occafion fhall require it, of which occafion the
field officer prefent with, and commanding the regiment, is to be the judge.
Art. 3. At every muiter the commanding officer of each regiment, troop or com-
pany, there prefent, (hall give to the commifTary, certificates figned by himfelf, figni-
fying how long fuch officers, who fhall not appear at the faid mufter, have been abfent,
and the reafon of their abfence. In like manner the commanding officer of every
troop or company, (hall give certificates, fignifying the reafons of the abfence of the
non-commiifioned officers and private foldiers; which reafons, and time of abfence,
fhall be inferted in the muiter- rolls, oppofite to the names of the refpedtive abfent
officers and foldiers. The faid certificates (hall, together with the mufter-rolls, be
remitted by the commifTary to the congrefs, as fpeedily as the diftance of place will
admit.
Art 4. Every officer who fhall be convicted, before a general court-martial of hav-
ing figned a falfe certificate, relating to the abfence of either officer or private foldier,
fhall be cafhiered.
Art. 5. Every officer who (hall knowingly make a falfe mufter of man or horfe,
and every officer or commifTary, who fhall willingly fign, direct, or allow the
figning of the mufter rolls, wherein fuch falfe mufter is contained, fhall, upon proof
made thereof by two witneffes, before a general court-martial, be cafhiered, and fhall
be thereby utterly difabled to have or hold any office or employment in the fervice of
the United States.
Art. 6. Any commifTary who fhall be convicted of having taken money, or any
other thing by way of qualification on the muftering any regiment, troop or company,
or on the figning the mufter-rolls, fhall be difplaced from his office, and fhall be thereby
utterly difabled to have or hold any office or employment under the United States.
Art. 7. Any officer who fhall prefume to mufter any perfon as a foldier, who is
at other times accuftomed to wear a livery, or who does not actually do his duty as a
foldier, fhall be deemed guilty of having made a falfe mufter, and fhall fuffer
accordingly.
SECTION V.
RETURNS.
Art. 1. Every officer who fhall knowingly make a falfe return to the congrefs, or
any committee thereof, to the commander in chief of the forces of the United States,
or to any his fuperior officer, authorifed to call for fuch returns of the State of the
regiment, troop, or company, or garrifon, under his command ; or of arms, amunition,
clothing, or other ftores thereunto belonging, fhall, by a court-martial, be cafhiered.
Art. 2. The commanding officer of every regiment, troop, or independent com-
pany, or garrifon of the United States, fhall, in the beginning of every month, remit
to the commander in chief of the American forces, and to the congrefs, an exact return
of the ftate of the regiment, troop, independent company, or garrifon under his com-
mand, fpecifying the names of the officers not then refiding at their pofts, and the
reafon for, and time of, their abfence. Whoever fhall be convicted of having, through
neglect
APPENDIX. 823
neglect or defign omitted the fending fuch returns, fhall be puniihed according to the
nature of his crime, by the judgment of a general court-martial.
SECTION VI.
DESERTIO N."
Art. I. All officers and foldiers, who having received pay, or having been duly
enlifted in the fervice of the United States, (hall be convicted of having deferted the
fame, (hall fufFer death, or fuch other punifhment as by a court-martial ihall be inflicted*
Art. 2. Any non-commiifioned officer or foldier, who fhall, without leave from
his commanding officer, abfent himfelf from his troop or company, or from any
detachment with which he fhall be commanded, fhall, upon being convicted thereof,
be puniihed according to the nature of his offence, at the difcretion of a court-martial.
Art. 3. No non-commiffioned officer or foldier, fhall enlift himfelf in any other*
regiment, troop or company, without a regular discharge from the regiment, troop
or company in which he laft ferved, on the penalty of being reputed a deferter, and
fuffering accordingly. And in cafe any officer fhall knowingly receive and entertain
fuch non-commiffioned officer or foldier, or fhall not, after his being difcovered to be
a deferter, immediately confine him, and give notice thereof to the corps in which he
laft: ferved, he the faid officer fo offending, fhall by a court-martial be cafhiered.
Art. 4. Whatfoever officer or foldier fhall be convicted of having advifed or per-
fuaded any other officer or foldier to defert the fervice of the United States, fhall fuf- -
fer fuch punifhment as fhall be inflicted on him by the fentence of a court-martial.
SECTION VII.
Of QUARRELS and sending CHALLENGES.
Art. 1. No officer or foldier fhall ufe any reproachful or provoking fpeeches, or
geftures to another, upon pain, if an officer, of being put in arreft ; if a foldier, im-
prifoned, and of afking pardon of the party offended, in the prefence of his command-
ing officer.
Art. 2. No officer or foldier fhall prefume to fend a challenge to any other officer
or foldier, to fight a duel, upon pain, if a commiffioned officer, of being cafhiered*, if
a non-commiffioned officer or foldier, of fuffering corporal punifhment at the difcre-
tion of a court-martial.
Art. 3. If any commiffioned or non-commiffioned officer commanding a guard,
fhall knowingly and willingly fufFer any perfon whatfoever to go forth to fight a
duel, he fhall be punifhed as a challenger; and likewife all feconds, prompters, and
carriers of challenges, in order to duels, fhall be deemed as principals, and be
punifhed accordingly.
Art. 4. All officers of what condition foever, have power to part and quell all
quarrels, frays and diforders though the perfons concerned fhould belong to another
regiment, troop or company; and either to order officers into arreft, or non-commif-
fioned or foldiers to prifon, till their proper fuperior officers fhall be acquainted
therewith; and whofoever fhall refufe to obey fuch officer (though of an inferior
rank) or fhall draw his fword upon him, fhall be punifhed at the difcretion of a general
court-martial.
Art,
-
;82-4 -'A P P E N D I -X.
Art. 5. Whatfoever officer or foldier fhall upbraid anothe* for refuting a challenge,
fhall himfelf be punifhed as a challenger; and all officers and foldiers are hereby discharg-
ed of any difgrace or opinion of difadvantage, which might arife from their having refufed
to accept of challenges, as they will only have acted in obedience to the order of con-
grefsj and done their duty as good foldiers, who fubject themfelves to difcipline.
section vm.
SUTTLING.
Art. 1. No futtler fhall be permitted to fell any kind of liquors or victuals, or to
keep their houfes or (hops open, for the entertainment of foldiers, after nine at night,
or before the beating of the reveilles, or upon Sundays, during divine fervice or fer=
rnon, upon the penalty of being difmifTed from all future futtling.
Art. 2. All officers and foldiers fhall have full liberty to bring into any of the
forts or garrifons of the United American States, any quantity of eatable provifions,
except where any contracts are or fhall be entered into by congrefs, or by their order,
for furnifhing fuch provifions, and with refpect only to the fpecies of provifions fo
contracted for.
Art. 3. All officers commanding in the forts, barracks, or garrifons of the United
States, are hereby required to fee that the perfons permitted to futtle, fhall fupply the
foldiers with good and wholefome provifions, at the market price, as they fhall be
ar.fwerablefor their neglect.
Art. 4. No officers commanding in any of the garrifons, forts, or barracks of the
United States, fhall either themfelves exact exorbitant prices for houfes or ftalls let
out to futtlers, or fhall connive at the like exactions in others; nor by their own au-
thority, and for their private advantage, fhall they lay any duty or impofition upon,
or be interefled in the fale of fuch victuals, liquors, or other neceffaries of life,
ivhich are brought into the garrifon, fort or barracks, for the ufe of -the foldiers, on
the penalty of being difcharged from the fervice.
SECTION IX.
OF GOOD ORDER.
Art. 1. Every officer commanding in quarters, garrifons or on a march, fhall keep
' good order, and to the utmoft of his power redrefs all fuch abufes or diforders which
may be committed by any officer or foldier under his command; if upon complaint
made to him of officers or foldiers beating or otherwife ill treating any perfon; of
diflurbing fairs or markets or of committing any kinds of riots, to the difquieting of
the good people of the United States, he, the faid commander, who fhall refufe or
omit to fee ju Mice done on the offender or offenders, and reparation made to the party
or parties injured, as far as part of the offenders pay fhall enable him or them, fhall,
upon proof thereof, be punifhed by a general court-martial, as if he himfelf had com-
mitted the crimes or diforders complained of.
SECTION x.
OF CRIMES PUNISHABLE by LAW.
Art. 1. Whenever any officer or- foldier fhall be accufed of a capital crime, or of
having ufed violence or committed any offence againft the perfons or property of the
good
APPENDIX. 825
good people of any of the United American States, fuch as is punifhable by the known
laws of the land, the commanding officer, and officers of every regiment, troop or
party, to which the perfon or perfons fo accufed (hall belong, are hereby required,'
upon application duly made by or in behalf of the party or parties injured, to ufe his
utrnoft endeavors to deliver over fuch accufed perfon or perfons to the civil magiftrate,
and likewife to be aiding and affifting to the officers of juftice in apprehending and
fecuring the perfon or perfons fo accufed, in order to bring them to a trial. If any
commanding officer or officers, (hall wilfully neglect, or {hall ref ufe upon the applica-
tion afcrefaid, to deliver over fuch accufed perfon or perfons to the civil magistrates,
or to be aiding and affifting to the officers of juftice, in apprehending fuch perfon or
perfons, the officer or officers fo offending fhall be cafhiered.
Art. 2. No officer fhall protect any perfon from his creditors, on the pretence of
his being a foldier, nor any non-commiffioned officer or foldier, who does not actually
do all duties as fuch, and no further than is allowed by a refolution of congrefs, .
bearing date the 26th day of December, 1775; Any officer offending herein, being
convicted thereof before a court-martial, fhall be cafhiered.
SECTION XI.
OF REDRESSING WPvQNGS.
Art. 1. If any officer fhall think himfelf to be wronged by his colonel or the com*
manding officer of the regiment, and fhall, upon due application made to him, be
refufed to be redreffed, he may complain to the continental general commanding in
the State where fuch regiment fhall be Rationed, in order to obtain juftice, who is
hereby required to examine into the faid complaint, and take proper meafures for
redreiung the wrong complained of, and tranfrnit as fcon as poffible to the congrefs,
a true (tateoffuch complaint, with the proceedings had thereon.
Art. 2. If any inferior officer or foldier fhall think himfelf wronged by his captain,
or other officer commanding the troop or company to which he belongs, he is to com?
plain thereof to the commanding officer of the regiment, who is hereby required to
fummon a regimental court-martial for the doing juftice to the complainant; from
which regimental court-martial either party may, if he thinks himfelf (till aggreived,
appeal to a general court-martial. But if, upon a fecond hearing, the appeal fhall
appear to be vexatious and groundlefs, the perfon (o appealing fhall be puniftiedat
the difcretion of the faid general court-martial.
SECTION XII.
OF STOP>ES, AMMUNITIONS, &c.
Art. 1. Whatfoever commiffioned officer, (tore keeper, or commiffary, (hall be
convicted at a general court-martial of having fold (without a proper order for that
purpofe) embezzled, mifapplied, or wilfully or- through neglect, fuffered any of the
provifions, forage, arms, clothing, ammunition, or other military (tores, belonging
to the United States, to be fpoiled or damaged, the faid officer, (tore keeper, or
commiffary fo offending, fhall, at his own charge, make good the lofs or damage j
{hall moreover forfeit all his pay, and be difmiffed from the fervice.
S.M. Art*
APPENDIX.
Art. 2. Whatfoever non-commiffioned officer or foldier, fhall be convicted at
regimental court-martial, of having fold, or defignedly, or through neglect, wafted
the ammunition delivered out to him to be employed in the fervice of the United States,
fhall, if a non-commiffioned officer, be reduced to a private centinal, and (hall befides,
differ corporeal punifhment, in the fame manner as a private centinal fo offending, at
the difcretion of a regimental court-martial.
Art. 3. Every non-commiffioned officer or foldier who fhall be convicted at a court-
martial, of having fold, loft or fpoiled through neglect, his horfe, arms, clothes, or
accoutrements, (hall undergo fuch weekly ftoppages (not exceeding the half of his pay)
as a court martial fhall judge fufficient for repairing the lofs or damages ; and fhall
fuffer imprifonment, or fuch other corporeal punifhment as his crime fhall deferve.
Art. 4. Every officer who fhall be convicted at a court-martial, of having em-
bezzled or mifapplied any money with which he may have been entrufted for the
payment of the men under his command, or for enlifting men into the fervice; if a
commiffioned officer, fhall be cafhiered and compelled to refund the money, if a
non-commiffioned officer, fhall be reduced to ferve in the ranks as a private foldier,
be put under ftoppages until the money be made good, and fuffer fuch corporeal
punifhment (not extending to life or limb) as the court-martial fhall think fit.
Art. 5. Every captain of a -troop or company is charged with the arms, accoutre-
ments, ammunition, clothing, or other warlike ftores belonging to the troop or com-
pany under his command, which he is to be accountable for to his colonel, in cafe of
their being loft, fpoiled or damaged, not by unavoidable accidents, or on actual fervice.
Of DUTIES in QUARTERS, in GARRISON, or in the FIELD.
Art. 1. All non-commiffioned officers and foldiers who fhall he found one mile
from the camp, without leave in writing from their commanding officer, fhall fuffer
fuch punifhment as fhall be inflicted upon them by the fentence of a court-martial.
Art. 2. No officer or foldier fhall lie out of his quarters, garrifon or camp, with-
out leave from his fuperior officer, upon penalty of being punifhed according to the
nature of his offence, by the fentence of a court-martial.
Art. 3. Every non-commiffioned officer and foldier fhall return to his quarters or
tent, at the beating of the retreat; in the default of which he ihall be punifhed
according to the nature of his offence, by the commanding officer.
Art 4. No officer, non-commiffioned officer, or foldier, fhall fail of repairing, at
the time fixed, to the place of parade of exercife, or other rendezvous appointed by
his commanding officer, if not prevented by ficknefs, or fome other evident neceffity ;
or fhall go from the faid place of rendezvous, or from his guard, without;:leave from
his commanding officer, before he fhall be regularly difmiffed or relieved on the
penalty of being pUnifhed according to the nature of his offence, by the fentence of
a court-martial.
Art. 5. Whatever commiffioned officer fhall be found drunk on his guard, party,
or other duty under arms, fhall be cafhiered for it; any non-commiffioned officer or
foldier,
LAW LIBRARY
UNIVERSITY DF GEORGIA
ATHENS, GEORGIA
APPEND I X. • 827
foldier fo offending, fhall fuffer fuch corporeal punifhment as fiiall be inflicted by the
fentence of a court-martial.
Art. 6. Whatever centinel fhall be found fleeping upon his poft, or fiiall leave it
before he fiiall be regularly relieved, fhall fuffer death, or fuch other punifhment as-
fiiall be inflicted by the fentence of a court-martial.
Art. 7. No foldier belonging to any regiment, troop, or company, . fhall hire ano-
ther to do his duty for him, or be excufed from duty, but in cafe of ficknefs, disa-
bility, or leave of abfence ; and every fuch foldier found guilty of hiring his duty, as
alfo the party fo hired to do another's duty, fhall be punifhed at the, next regimental
court-martial.
Art. 8. And everynon-commiffioned officer conniving at fuch hiring of duty as afore-
faid, fhall be reduced for it; and every commiffioned officer, knowing and allowing of
fuch ill practices in the fervice, fhall be punifhed by the judgment of a general court-
martial.
Art. 9. Any perfon belonging to the forces employed in the fervice of the United
States, who by difcharging of fire arms, drawing of fwords, beating of drums, or by
any other means whatfoever, fhall occafion falfe alarms in camp, garrifon, or quarters,
fhall fuffer death, or fuch other punifhment as fhall be ordered by the fentence of a
general court-martial.
Art. 10. Any officer or foldier who fhall, without urgent neceffity, or without the
leave of his fuperior officer, quit his platoon or divifion, fhall be punifhed according
to the nature of his offence, by the fentence of a court-martial.
Art. 11. No officer or foldier fhall do violence to any perfon who brings provifions
or other neceffaries to the camp, garrifon or quarters of the forces of the United
States, employed in parts out of faid States, on pain of death, or fuch other punifh-
ment as a court-martial fhall direct.
Art. 12. Whatfoever officer or foldier fhall mifbehave himfelf before the enemy,
or fhamefully abandon any poft committed to his charge, or fhall fpeak words
inducing others to do the like, fhall fuffer death.
Art. 13. Whatfoever officer or foldier fhall mifbehave himfelf before the enemy,
and run away, or fhamefully abandon any fort, poft, or guard, which he or they fhall
be commanded to defend, or fpeak words inducing others to do the like; or who,
after victory, fiiall quit his commanding officer, or poft, to plunder and pillage ; every
fuch offender, being duly convicted thereof, fhall be reputed a difobeyer of military
orders; and fhall fuffer death, or fuch other punifhment as by a general court-martial •
fiiall be inflicted on him.
Art. 14. Any perfon belonging to the forces of the United States, who fhall caff,
away his arms and ammunition, fhall fuffer death or fuch other punifhment as fiiall
be ordered by the fentence of a general court-martial.
Art. 15. Any perfon belonging to the forces of the United States, who fhall make
known the watch-word to any perfon who is not entitled to receive it according to the
rules and difcipline of war, or fiiall prefume to give a parole or watch- word different .
from
828 APPENDIX.
from What he received, (hall fuffer dekfe, or fuch other punifhment as fliall be order-
ed by the fentence of a general court-martial.
Art. 1 6. All officers and foldiers are to behave themfelves orderly in quarters and
on their march; and whofoever (hall commit any wade or fpoil, either in walks of
trees, parks, warrens, fifh-ponds, houfes or gardens, cornfields, enclofures or mea-
dows, or fliall malicioufly deftroy any property whatfoever belonging to the good
people of the United States, unlefs by order of the then commander in chief of the
forces of the faid States, to annoy rebels or other enemies in arms againft the faid
States, he or they that mail be found guilty of offending herein (hall (befides fuch
penalties as they are liable to by law) be punifhed according to the nature and degree
of the offence, by the judgment of a regimental or general court-martial.
Art. 17. Whofoever belonging to the forces of the United States, employed in fo-
reign parts, fliall force a fafe guard, fhall fuffer death.
Art. 18. Whofoever fhall relieve the enemy with money, victuals, or ammunition,
or fliall knowingly harbor or protect an enemy, fliall fuffer death, or fuch other -pu-
nifhment as by a court-martial fliall be inflicted.
Art. 19. Whofoever fliall be convicted of holding correfpondence with, or giving
intelligence to the enemy, either directly or indirectly, fhall fuffer death, or fuch other
punifhment as by a court-martial fliall be inflicted.
Art. 20. All public ftores taken in the enemy's camp, towns, forts, or magazines,
•whether of artillery, ammunition, clothing, forage or provifions, (hall be fee ured for
the fervice of the United States, for the neglect of which the commanders in chief are
to be anfwerable.
Arc. 21. If any officer or foidier fhall leave his poft or colors, to go in fearch of
plunder, he fhall, upon being convicted thereof before a general court-martial, fuffer
death, or fuch other punifhment as by a court-martial fhall be inflicted.
Art. 22. If any commander of any garrifon, fortrefs or poft, fliall be compelled by
the officers or foldiers under his command, to give up to the enemy or to abandon it,
the comrniffioned officers, non-commiffioned officers, or foldiers, who fliall be con-
victed of having fo offended, fliall fuffer death, or fuch other punifhment as fliall be
inflicted upon them by the fentence of a court-martial.
Art. 23 . All futtiers and retainers to the camp, and all per fons whatfoever ferving with
the armies of the United States, in the field, though not enlifted foldiers, are to be
fubject to orders, according to the rules and difcipline of war.
Art. 24. Officers having brevetts, or commiffions of a prior date to thofe of the
regiment in which they now ferve, may take place in courts-martial and on detach-
ments, when compofed of different corps, according to the ranks given them in their
brevetts, or dates of their former commiffions ; but in the regiment, troop or company,
to which fuch brevett officers, and thofe who have commiffions of a prior date, do
belong, they fhall do duty and take rank, both on courts-martial and on detachments,
which fliall be compofed only of their own corps, according to the commiffions by
which they are muftered in the faid corps.
Art.
APPENDIX. 8:9
Art. 2^. If upon, marches, guards, or in quarters, different corps (hall happen to
ioin, or do duty together, the eldeft officer by com minion there, on duty, or in
quarters, fha!l command the whole, and give out orders for what is needful to the
fervice, regard being always had to the feveral ranks of thofe corps, and the pofts
they ufually occupy. #
Art. 26. And in like manner alfo, if any regiments, troops, or detachments of
horfe or foot, {hall happen to march with, or be encamped, or quartered with any bodies
or detachments of other troops in the fervice of the United States, the eldeft, officer
without refpett to corps, mall take upon him the command of the whole, and give
the neceiTary orders to the fervice.
SECTION XIV.
ADMINISTRATION of JUSTICE. repealed.
SECTION XV.
EFFECTS of the DEAD.
Art. 1. "When a commifhoned officer fhall happen to die or be killed in the fervice
of the United States, the major of the regiment, or the officer doing the major's duty
in his abfence, fhall immediately fecure all his effects or equipage then in camp or
quarters ; and fhall, before the next regimental court-martial, make an inventory
thereof, and forthwith tranfmit the fame to the officer of the board of war, to the end
that his executors may, after payment of his debts in quarters and interment, receive
the overplus, if any be, to his or their ufe.
Art. 2. When any non-com mi (honed officer or foldier fhall happen to die, or to
be killed in the fervice of the United States the then commanding officer of the troop
or company fhall, in the prefence of two other commiffioned officers, take an account
of whatever effects he dies poffeffed of, above his regimental clothing, arms and
accoutrements, and tranfmit the fame to the officer of the board of war ; which faid
effects are to be accounted for, and paid to, the reprefentatives of fuch deceafed non-
commiffioned officer or foldier. And in cafe any of the officers fo authorized to take
care of the effects of dead officers and foldiers, fhould, before they fhall have ac-
counted to their reprefentatives for the fame, have occafion to leave the regiment, by
preferment or otherwife, they fhall, before they be permitted to quit the fame, de-
pofit in the hands of the commanding officer, or of the agent of the regiment, all the
effects of fuch deceafed non-commiffioned officers and foldiers, in order that the fame
may be fecured for, and paid to, their refpective reprefentatives.
section xvi.
ARTILLERY, &c.
Art. 1. All officers, conductors, gunners, matroffes, drivers, or any other per-
fons whatfoevcr, receiving pay or hire in the fervice of the artillery, of the United
States, fhall be governed by the aforefaid rules and articles, #and fhall be fubject to
be tried by courts-martial, in like manner with the officers and foldiers of the other
troops in the fervice of the United States.
Art. 2. For differences arifing amongft themfelves or in matters relating fclely to
their own corps, the couvts-martial may be compofed of theit own officers y but
where
83o APPENDIX.
where a number ftifficienfc of fuch officers cannot be affembled, or in matters wherein,
other corps are interested, the officers of artillery fhall fit in courts-martial with the
officers of other corps, taking their ranks according to the dates of their refpective
eommiflions, and no ©therWife.
^ SECTION XVII.
MILITIA DOING DUTY and RANK.
Art. i. the officers and foldiers of any troops, whether minute men militia, or
others, being muttered and in continental pay, fhall, at all times, and in all places,
when joined,, or acting in conjunction with the regular forces of the United States,
be governed by thefe rules or articles of war, and fhail be fubject to be tried by
courts-martial, in like manner with the officers and foldiers in the regular forces,,
fave only, that fuch courts-martial fhall be corhpofed entirely of militia officers, of
the fame provincial corps with the offender.
That fuch militia and minute men as are now in fervice, and have, by particular
contract with their refpective States, engaged to be governed by particular regulati-
ons, while in continental fervice, fhall not be fubject to the above articles of war.
Art. 2. For the future, all general officers and colonels, ferving by commiffion
from the authority of any particular State, fhall, on all detachments, courts-martial,
or other duty wherein they may be employed in conjunction with the regular forces
of the United States, take rank next after all generals and colonels ferving by com*
millions from congrefs, though the commiffions of fuch particular generals and colo-
nels fhould be of elder date: And in like manner lieutenant colonels, majors, captains
and other inferior officers, ferving by commiffion from any particular State, fhall, on
all detachments, courts-martial, or other duty, wherein they may be employed in ;
conjunction with the regular forces of the United States, have rank next after all of-
ficers of the like rank ferving by commiffion from the congrefs, though the commif-
fions of fuch lieutenant colonels, majors, captains and other inferior officers fhould be
of elder date to thofe of the like rank from congrefs.
SECTION XVIII.
RELATIVE to the FOREGOING ARTICLES.
Art. I. The foregoing articles are to be read and publifhed once in every two
months at the head of every regiment, troop or company, muttered or to be mutter-
ed in the fervice of the United States, and are to be duly obferved and exactly obeyed,
by all officers and foldiers, v/hoare or fhall be in the faid fervice.
Art. 2. The continental general commanding in either of the American States for
tjietime being, fhall have full power of appointing general courts-martial to be held,
and of pardoning and mitigating any of the punifhments ordered to be inflicted for
any of the offiences mentioned in the aforementioned rules and articles for the better
government of the troops, except the paniffiment of offenders under the fentence of
death by a general court-martial, which he may order to be fufpended until the plea-
fure of congrefs can be known; which fufpenfion, with the proceedings of the court-
martial, the faid general fhall immediately tranfmit to congrefs for their determinati-
on; and every offender convi&ed by any regimental court-martial, may be pardoned, .
or.
APPENDIX- 831
or have the punifhment mitigated by the colonel, or commanding officer of the re-
giment.
Art. 3. No perfon fhall be fentenced to fuffer death, except in the cafes exprefs«
ly mentianed in the forgoing articles; nor (hall more than one hundred lames be
inflicted on any offender at the difcretion of a court-martial.
That every judge advocate, or perfon officiating as fuch, at any general court-mar-
tial, do, and he is hereby required to tranfmit, with as much expedition as the op-
portunity of time and distance of place can admit, the original proceedings and fen-
tence of fuch court-martial, to the fecretary at war, which faid original proceedings
and fentence fhall be carefully kept and preferved in the office of faid fecretary, to the'
end that perfons entitled thereto, may be enabled, upon application to the faid office,
to obtain copies thereof.
That the party tried by any general court-martial, fhall be entitled to a copy of
the fentence and proceedings of fuch court-martial, upon demand thereof made by
himfelf, or by any other perfon or perfons on his behalf, whether fuch fentence be
approved or not.
. m, r , 1 rr r 1 , • • r r • 1 ,
Art. 4. ine field officers of each and every regiment are to appoint fome fuitable
perfons belonging to fuch regiment, to receive all fuch fines as may .arife within the
fame, for any breach of any of the foregoing articles ; and fhall direct the fame to
be carefully and properly applied to the relief of fuch fick, wounded or neceflitous
foldiers as belong to fuch regiment ; and fuch perfon fhall account with fuch officer
for all fines received, and the application thereof.
Art. 5. All crimes not capital, and all diforders and neglects which officers and
foldiers may be guilty of, to the prejudice of good order and military difcipline,
though not mentioned in the above articles of war, are to be taken cognizance of by
a general or regimental court-martial, according to the nature and degree of the
offence, and be punifhed at their difcretion.
Art. 6. That the general and commander in chief for the time being, fhall have
full power of pardoning or mitigating any of the punifhments ordered to be inflicted,
for any of the offences mentioned in the rules and articles of war, for the better go-
vernment of the troops raifed and to be raifed, and kept in pay by, and at the expence
of the United States of America, the fourth article refolved in congrefs the fourteenth
day of April laft is notwithflanding. ( Pajfed May 2f]th, 1777.^
Art. 7. That a general officer, commanding in a feparate department, be empow-
ered to grant pardons to, or order execution of, perfons condemned to fuffer death
by a general courts-martial, without being obliged to report the matter to congrefs,
or the commander in chief. (Pajfed June 172$, 1 777->^
In Congress, Auguft 21, 1776.
Revived, That the following refolution be printed. at the end of the rules and articled
of war, viz.
That all perfons not members of, nor owing allegiance to any of the United States
of America, as defcribed in a refolution of congrefs, of the 24th of June laft, who
fhall be found lurking as fpies, in-or about the fortifications or in encampments of the
armies
832 APPENDIX.
armies of the United States, or any of them, {hall fuffer death, according to the law
and ufage of nations, by fentence of a court-martial, or fuch other punifhmeut as fuch
court-martial fhail direct.
By order of congrefs,
JOHN HANCOCK, Prefdent,
Philadelphia, Sept. 20th, 1776. >
:©>:
APPENDIX.
By the UNITED STATES in CONGRESS ASSEMBLED.
May 31, 1786.
G^ngrefs refumed the ccnf deration of the repot t nf the committee, to ivhom was referred a
report of the fecretary at war, on the articles of war and courts-martial, and thereupon
came to the following reflations :
T"HEREAS, crimes may be committed by officers and foldiers, ferving with
' 4|/ fmall detachments of the forces of the United States, and where there may
not be a fufficient number of officers to hold a general court-martial, according to the
rules and articles of war, in confequence of which criminals may efcape punifhment,
to the great injury of the difcipline of the troops, and the public fervice :
Rrfolved, That the fourteenth fedlion of the rules and articles for the better govern-
ment of the troops of the United States, and fuch other articles as relate to the
holding of courts-martial, and the confirmation cf the fentences thereof, be, and they
are hereby repealed.
Refolded, That the following rules and articles for the adminiftration of juftice,
and the holding of courts-martial, and the confirmation of the fentences thereof, be
dulv obferved, and exactly obeyed by all officers and foldiers, who.are, or {hall be in
the armies of the United States.
ADMINISTRATION of JUSTICE.
Art. 1. General courts-martial may confift of any number of commiffioned officers
from five to thirteen inelufively, but they fhail not confift of lefs than thirteen where
that number can be convened without manifeft injury to the fervicei
Art. 2. General courts-martial fhail be ordered as often as the cafes may require,
by the general or officer commanding the troops. But no fentence of a court-martial
fhail be carried into execution, until after the whole proceedings fhail have been laid
before the faid general, or officer commanding the troops for the time being; neither
fhail any fentence of a general court-martial in time of peace, extending to the lofs of
life, the difmiffion of a commiffioned officer, or which fhail, either in time of peace or
war refpecr. ageneral.offieer, be carried into execution, until after the whole proceed-
ings fhail have been tranfmitted to the fecretary at war, to.be laid before congrefs for
their confirmation or difapproval, and their orders on the cafe. Ail other fentences
maybe confirmed and executed by the officer ordering the court to affemble, or the
commanding officer for the time being, as the cafe may be.
regiment
APPENDIX, 833
Art. 3. Every officer commanding a regiment or corps, may appoint of his own
regiment or corps, courts-martiai to confift of three commiffioned officers, for the
trial of offences, not capital, and the inflicting corporeal punifhments, and decide upon
their fentences. For the fame purpofe, all officers commanding any of the garriions,
forts, barracks, or other place, where the troops confift of different corps, may affemble
courts-martial, to confift of three commiffioned officers, and decide upon their fentences.
Art. 4. No garrifon or regimental court-martial fhail have the power to try capital
cafes, or commiffioned officers; neither fhail they inflict a fine exceeding one month's
pay, nor imprifon, nor put to hard labour any non-comrniffioned officer or foldier,
for a longer time than one month.
Art. 5. The members of all courts-martial (hall, when belonging to different
corps, take the fame rank in court which they hold in the army. But when courts-
martial fhail be compofed of officers of one corps, they fhail take rank according to
the commiffions by which they are muflered in the faid corps.
Art. 6. The judge advocate, or fome perfon deputed by him, or by the general, or
officer commanding the army, detachment or garrifon, fhail profecute in the nameof
the United States of America; but fhail fo far confider himfelf as counfel for the
prifoner, after the faid prifoner fhail have made his plea, as to object to any leading
queftion to any of the witneffes, or any queilion to the prifoner, the anfvver to which
might tend to criminate himfelf; and adminifter to each member the following oaths
which fhail alfo be taken by all members of regimental and garrifon courts-martial.
" You fhail well and truly try and determine, according to evidence, the matter
now before you, between the United States of America, and the prifoner to be tried;
So help you God."
" You A. B. do fwear, that you will duly adminifter juftice, according to the
rules and articles for the better government of the forces of the United States of
America, without partiality, favor or affection; and if any doubt fhail arife, which
is not explained by faid articles, according to your confcience, the beft of your under-
ftanding, and the cuftom of war in the like cafes; And you do further fwear, that
you will not divulge the fentence of the court until it fhail be publifhed by the com-
manding officer. Neither will you, upon any account, at any time whatfoever, difclofe
or difcover the vote or opinion of any particular member of the court-martial, unlefs
required to give evidence thereof as a witnefs, by a court of juftice, in a due courfe
of law. So help you God."
And as foon as the faid oaths fhail have been adminiftered to the refpeclive mem-
bers, the prefident of the court fhail adminifter to the judge advocate, or perfon offici-
ating as fuch, an oath in the following words:
" You A. B. do fwear, that you will not upon any account, at any time whatfoever,
difclofe or difcover the vote or opinion of any particular member of the court-martial,
unlefs required to give evidence thereof as a witnefs, by a court of juftice, ^n a due
courfe of law. So help you Ged."
Art. 7. All members of a court-martial are to behave with decency and calmnefs;
and in giving their votes, are to begin with the youngeft in commiffion.
5 N Art,
g,4 A P P E N D I X.
Art. 8. All perfons who give evidence before a court-martial are to be examined
on oath or affirmation, as the cafe may be; and no fentence of death (hall be given
againft any offender by any general court-martial, unlefs two thirds of the members
of the court (hall concur therein.
Art. 9. Whenever an oath or affirmation mall be adminiftered by a court-martial,
the oath or affirmation fhaSl be in the following form :
" You fwear (or affirm, as the cafe maybe) the evidence you fhall give in the oa'iue
now in hearing, (hail be the truth, the whole truth, and nothing but the truth. So
help you God"
Art. ic. On the trials of cafes not capital, before courts-martial, the depofitions
of witnefTes, not in the line or ftaffof the army, may be taken before fome juftice of
the peace, and read in evidence, provided the profecutor and perfon accufed are prefent
at the taking the fame.
Art. 1 1. No officer fhall be tried but by a general court-martial, nor by officers of
an inferior rank, if it can be avoided. Nor fhall any proceedings or trials be carried
on excepting between the hours of eight in the morning and three in the afternoon,
except in cafes which, in the opinion of the officer appointing the court, require
immediate example.
Art. 12. No perfon whatfoever fhall ufe menacing words, figns or geflures, in the
prefence of a court-martial, or fhall caufe any diforder or riot, to difturb their pro-
ceedings, on the penalty of being punifhed at the difcretion of the faid court-martial.
Art. 13. No non-commiffioned officer fhall be cafhiered or difmiffed from the
fervice, excepting by order of congrefs, or by the fentence of a general court-martial;
and no non-commmiffioned officer or foldier fhall be difcharged the fervice, but by
the order of congrefs, the fecretary at war, the commander in chief, or commanding
officer of a department, or by the fentence of a general court-martial.
Art. 14. Whenever any officer fhall be charged with a crime, he fhall be arretted
and confined to his barracks, quarters or tent, and deprived of his fword by his com-
manding officer. And any officer who fhall leave his confinement before he fhall be
fet at liberty by his commanding officer, or by a funerior power, fhall be cafhiered
for it.
Art. 15. Non-commiffioned officers and foldiers, who fhall be charged with crimes,
fhall be imprifoned, until they fhall be tried by a court-martial, or releafed by proper
authority.
Art. 16. No officer or foldier who fhall be put in arreft or imprifonment, fhall con-
tinue in his confinement more than eight days, or until fuch time as a court-martial
can be affembled.
Art. 1 7. No officer commanding a guard, or provofl martial, fhall refufe to receive
or keep any prifoner committed to his charge, by any officer belonging to the forces
of the United States; provided the officer commanding fhall at the fame time, deliver
an account in writing, figned by himfelf, of the crime with which the faid prifoner
is charged.
Art.
APPENDIX. 83:
Art. 18. No officer commanding a guard, or provoM martial, fliall prefume to
releafe any prifoner committed to his charge, without proper authority for fo doing;
nor fliall he fuffer any perfon to efcape on the penalty of being punifhed for it by the
fentence of a court-martial.
Art. 19. Every officer or provoft-martial, to whofe charge prifoners fhall be com-
mitted, {hall within twenty-four hours after fuch commitment, or as foon as he fhall
be relieved from his guard, make report in writing, to the commander in chief, or
commanding officer, of their names, their crimes, and the names of the officers who
committed them, on the penalty of his being punifhed for difcbedience or neglect, at
the difcretion of a court-martial.
Art. 20. Whatever commiffioned officer fhall be convicted before a general court-
martial, of behaving in a fcandalous and infamous manner, fuch as is unbecoming
an officer and a gentleman, fhall be difmiffed the fervice.
Art. 21. In cafes where a court-martial may think it proper to fentence a com-
miffioned officer to be fufpended from command, they fhall have power alfo to fuf-
pend his pay and emoluments for the fame time, according to the nature and hein-
oufnefs of the offence.
Art. 22. In all cafes where a commiffioned officer is cafhiered for cowardice, or
fraud, it fhall be added in the fentence, that the crime, name, place of abode, and
punifhment of the delinquent be publifhed in the news-papers, in and about camp, and
of the particular State from which the offender came, or ufually refides; after which
it fhall be deemed fcandalous for any officer to affociate with him.
Art. 23. The commanding officer of any poft or detachment, in which there fliall
be a number of officers adequate to form a general court-martial, fhall in cafes which
require the cognizance of fuch court, report to the commanding officer of the depart-
ment, who fhall order a court to be affembled, at the nearefl poft or detachment, and
the party accufed with the neceffary witneffes to be tranfported to the place where
the faid court fhall be affembled.
Art. 24. No perfon fliall be fentenced to fuffer death, except in the cafes exprefsly
mentioned in the aforegoing articles ; nor fhall more than one hundred lafhes be inflicted
on any offender, at the difcretion of a court-martial.
Every judge advocate, or perfon officiating as fuch at any general court-martial, fhall
tranfmit, with as much expedition as the opportunity of time and diftance of place
can admit, the original proceedings and fentence of fuch court-martial, to the fecretary
at war, which faid original proceedings and fentence, fliall be carefully kept and pre-
fcrved in the office of the faid fecretary, to the end, that the perfons entitled thereto,
may be enabled, upon application to the faid office, to obtain copies thereof.
The party tried by any general court-martial, fhall be entitled to a copy of the fen-
tence and proceedings of fuch court-martial after a decifion on the fentence, upon
demand thereof made by himfelf, or by any perfon or perfons in his behalf, whether
fuch fentence be approved or not.
Art. 25. In fuch cafes where the general, or commanding officer may think proper
to order a court of enquiry, to examine into the nature of any tranfaction, accufation
or
835 APPENDIX.
or imputation againft any officer or foldier, the faid court fhall be conducleo! conform-
ably to the following regulations : It may confift of one or more officers, not exceed-
ing three, with the judge advocate, or a fuitable perfon, as a recorder to reduce the
proceedings and evidences to writing, all of whom (hall be fworn to the faithful per-
formance of their duty. This court fhall have the fame power to fummon witneffes as
a court-martial, and to examine them on oath. But they fhall not give their opinion
on the merits of the cafe, excepting they fhall be thereto fpecially required. The
parties accufed (hail alfo be permitted to crofs-examine and interrogate the witneffes,
fo as to invefligate fully the circumftances in queftion.
Art. 26. The proceedings of a court of enquiry muft be authenticated bv the
fignature of the recorder, and the prefident, and delivered to the commanding officer,
and the faid proceedings may be admitted as evidence by a court-martial, in cafes not
capital or extending to the difmiffion of an officer ; provided that the circumftances
are fuch, that oral teftimony cannot be obtained. But as courts of enquiry may be
perverted to dishonorable purpofes, and may be confidered as engines of deftruction
to military merit, in the hands of weak, and envious commandants, they are hereby
prohibited, unlefs demanded by the accufed.
Art. 27. The judge advocate, or the recorder, fhall adminifter the members the
following oath:
" You fhall well and truly examine and enquire^ according to your evidence, into
the matter now before you, without favor or affection. So help you God."
After which the prefident fhall adminifter to the judge advocate, or recorder, the
following oath :
" You A. B. do fwear, that you will, according to the belt of your abilities, accu-
rately and impartially record the proceedings of the court, and the evidences to be
given in the cafe in hearing. So help yon God"
The witneffes fhall take the fame oath as is directed to be adminiftered to witneffes
fworn before a court-martial.
Refolved, That when any defertion fhall happen from the troops of the United
States, the officer commanding the regiment or corps to which the deferters belonged
fhall be refponfible, that an immediate report of the fame be made to the command-
ing officer of the forces of the United States prefent.
Refolved, That the commanding officer of any of the forces in the fervice of the
United States, fhall, upon report made to him of any defertions in the troops under
his orders, caufe the moft immediate and vigorous fearch to be made after the deferter
or deferters, which may be conducted by a commiffioned or non-commiffioned officer,
as the cafe fhall require: That if fuch fearch fhould prove ineffectual, the officer
commanding the regiment or corps to which the deferter or deferters belonged, fhall
infert in the neareft gazette, or news-paper, an advertifement, defcriptive of the
deferter or deferters, and offering a reward,, not exceeding ten dollars, for each de-
ferter who fhall be apprehended and fecured in any of the goals of the neighboring
States. That the charges of advertifing deferters, the reafonable extra expences in-
curred
APPENDIX. 837
curred by the perfon conducting the purfuir, and the reward, fhall be paid by the
fecretary at war,, on the certificate of the commanding officer of the troops.
N°; LI.
An Ac~l to prefcribe the mode in which the public affis, records and
judicial proceedings in each State, Jhall be authenticated fo as to
take ejfecl in every other State.
I. ~5 E it enatled by the fenate and houfe of reprefentatives of the United States of America Legiflative acls,
^3 in congrefs ajpmbled, That the acts of the legiflatures of the feveral States ^";0ar] pro"eed""
fhaH be authenticated by having the feal of their refpedtive States affixed thereto: That ingsofthe feve-
the records and judicial proceedings of the courts of any State, fhall be proved or ad- to be authemi-
mitted in any other court within the United States, by the atteftation of the clerk, cated;
and the feal of the court annexed, if there be a feal, together with a certificate of the
judge, chief juflice, or prefiding magiflrate, as the cafe maybe, that the faid attef- and the effeft
tation is in due form; and the faid records and judicial proceedings authenticated as
aforefaid, (hall have fuch faith and credit given to them in every court within the
United States, as they have by law or ufage in the courts of the State from whence
the faid records are, or fhall be taken.
FREDERICK AUGUSTUS MUHLENBURG,
Speaker of the Houfe of Reprefentatives
JOHN ADAMS, Vice-Prefidentofthe United States and
Preftdent of the Senate.
Approved May,. 26th, 1790.
GEORGE WASHINGTON, Prefdent of the United States.
* The compilers on a review of the appendix, are induced to believe they may have erred,
as to the date of the commiffion to governor Johnflone of Wefl Florida. It appears from the
documents furnifjed by the attorney general that the commifjion of governor Grant of Eaji
Florida was dated the 4th October, in the third year of the reign of George III; and, .
governor Johnf one's of Wz& Florida the 21ft November, in the fourth year of his reign s
yet the commiffions fdem to have been ijfued in the fame year. This we have thought proper
to remark, in juflice to Mr. Pendleton, for whom we avow aperfonal refpecl : But, at the
fame time, we feel ourfelves warranted in the inferences drawn from a view of the whale
fubjecl, and fill conclude, that the boundary of Wefl Florida was never extended to the .
north, by anyfolemn acl of the crown*
I
D E
ACADEMY or free fchools to beeftabliffied
in each county at public expenfe, 15. 373
See the refpeclive counties.
Commiffioners of, empowered to purchafe
confifcated property, 615
Liable for mifapplication of public
funds, 6^6
Univerfity — See Univer/ity.
Accounts, public, how to be kept, 600
——Open, not to bear intereft, 489. 631
Actions, limitations of, 138
See limitation.
Abatement of, 623
Adminiftrators, &c. 100
See executors.
To give bond and fecurity, 10.2
Adminiftration, letters of — See Regifler of Pro-
bates.
Adultery and fornication, how puniihed, 520
Affirmation, 47
Alatamaha river, lands fouth of, added to this
State, 114
See Territory.
Lands between this and St. Mary's
river, 326
Lottery authorized to improve the naviga-
tion of, 6 84
— Canal from this river to Brunfwick, 685
Aliens, 302
How fecured for loans,
When liable to militia duty,
Appeal, 630
From inferior courts, 636
Allowed to executors and adminiftrators
without fecurity, 534
Arbitration, 534 631. 699
Armftrong James, allowed pay as colonel, 470
250.
307
523
• Refidents may hold real eftate, but not by
600
306
250
251
252
253
251
grant, 567 — Repealed,
Amercement,
Commiffioners appointed,
To account with the tieafurer,
Their duty,
Proceedings guaranteed,
Perfons refuling to account,
Liable to certain difqualifications, and to
fuit, 252
Anabaptift church on Kioka incorporated, 409
Apprentices — Sec Orphans,
Articles of confederation,
-Of war,
329'
28.
624.
406.
632.
797
819
42
729
566
477
7c 1
475
Arts and fciences to be promoted,
Attachment, 67. 256. 397. 489
Attornies, admiffion of,
Fees,
. Attorney general,
See State's Attorney.
Fees of,
To prepare forms of commiffions, andgive
advice to the governor when required, 413
Letters of attorney from other States, how
to be proven, 48. 319
Sales by attornies or agents, 48. 319
Auditor, 278
How to fettle doubtful cafes, 278
■To liquidate claims of officers, foldiers,
&c 295. 335—6
How to correct errors, 33c1
To report to the executive, 336
His oath powers and duty, 296 — 7
To audit treafury certificates, and bills of
credit, 314. 336
And claims againft confifcated eftates 316.
J7-?35-
Oath to be adminiftered, 317
. Appeal allowed to the fuperior court, 3 1 7
Further powers vefted in the auditor, 358
To fettle with the United States, 359
To liquidate claims of State, troops, 417.
469
Augufta, town of,
Church, St. Paul,
Cemetery,
Seat of government, 233«
Lot holders to build,
Vacant lands above and below added, 2 a
5.83.
To be laid out into lots and fold, 233
Augufhj
5*
54
54
321
233
■
INDEX.
A agufta,
Monies arifing therefrom, 234.
Commiffioners appointed, 233. 236.
To account with the executive,
Lots forfeited to be re-fold, 283.
Conditions thereof,
-Commiffioners or truflees to convey,
284
285
284
345
284
284
Lots refer ved for court houfe and gaol, 234
-Public fchool, &c. 2 34- 284
-Houfes of worfhip, 234. 283
-Ferry under direction of truftees, 284
-Bridge at — See IVade i-ampton. 419
-Truftees entitled to certain rent, 420
-To leafe out the common, 344
-To lay out lots below & on fouth common , 345
-Veiled with like powers as commiffioners
of Savannah, ?4j
-Two members added, 345
-Others appointed, 588
-Number of, not to be encreafed, and how
many to form a board, 665
-Warehoufes in and near, 339. 445. 660
-Town incorporated, 416.
-Court houfe and gaol therein,
-Commiffioners of, appointed,
ers,
670
426
426
Mayor and aldermen to be commiffion-
433
557
660
553
547
587
-Other commiffioners appointed,
-Vendue matter at, 539.
-Fire company,
Mechanical fociety incorporated,
-Broad-ftreet to be made uniform,
Meeting-houfe, lot appropriated, and com
miffioners appointed, 587
— Piers to be built by lottery, 588
-Green-ftreet to be made uniform, 664
Auftin, a mulattoe man, emancipated for fer-
vices in the late war, 346
B
AIL, 220. 225. 390.441.487.623. 694
. In criminal cafes, 531 — 2
See Habeas Corpus.
Bailey Budd, pardoned, 384
Baillie George, 425
Baker Sir William, his claims — See limitation.
Baldwin Abraham. 643
Ballaft, &c. not to be thrown into n-avigable ri-
vers, 109. 398
See Navigation.
Banks — See Dams.
Banifhment — See Enemies.
— ,_~ Certain perfons relieved from, 362. 552.
.58$. 645.
Bard Mrs. Ann, certain lots vefted in, 322
Baftardy, 406
See Adultery and Fornication.
Bayley Samuel Proctor, admitted to practice
law, 616
Beef, pork, &c. infpeclion of, 126 — 7. 150
Bethefda college — See Chatham Academy.
Billingflea Walter and wife divorced, 646
Billiard table, not to be kept without li-
cenfe, 454
Bills of credit — See Paper Money.
Bills of fale — See Deeds.
Biting, gouging, &c. 357
Bonds, notes and other fpecialties, how to be
proven, 48. 319. 623.
-Not to be denied but on oath,
— May be recovered by action of debt,
--Of equal dignity, and negociable,
488, 627. 698.
-Joint obligers,
623
404
424.
693
Bounty of landtoofficers,foldiers,&c— See Land.
Boundary of this State, declaration of, 264. 749
Commiffioners appointed to fettle differ-
ences with South Carolina, 356
Convention at Beaufort, 752
Ratified, 378
Of certain counties altered, 541
Bourbon county, 304
The act laying it out repealed, 37 1
Brands — See Marks.
Bread, affize of, 146
■Bakers, 147
Frauds therein, 148
Duty of juftices therein — appeal allow-
ed, 148
Briar Creek, navigation of to improve, 322. 427.
606. 668. — -See Ogechee.
Bridges, eftablifhment and regulation of, verted
in fuperior court, 346
Act reflecting, 386
Under direction of inferior courts — county
tax to be levied, 500. 502
-How to be built and kept in repair, 507
Acrofs North Newport river, 661
Toll bridges at Augufla and Great Oge-
chee— — See Wade Hampton.
At Ogechee. near Louifville, 588
— Toll, acrofs little' river and other water
courfes, 602
The latter act repealed in part, 666
Briggs Ifaac, &c. patent right to fleam engine,
382
Broad river, to be kept open for the paffage of
fiftij 609
Brunfwick
INDEX.
Brunfv/ick, commiilioners appointed for town
of, 38l« 598
/Their powers refpe&ing re-furvey and fale
of lots and town common, 598
Seat of public buildings, 669
Academy therein, 381
. Commiflioners authorized to open a canal,
and purchafe confifcated property, 685
Commiflioners of pilotage appointed for
the port of, and moneyadvanced, 352 — 3
. Harbor and tonnage rnafter, 353
Tonnage on veiTels, 353
Bryce John, pardoned, 322
Bryan county, laid out, 528
. Commiilioners of court houfe and gaol,5 28
Others added, 555
Empowered to fix on place for building
court houfe and gaol, 555
Inferior court to contract for the building
and lay a tax, 528
Empowered to fix place for public build-
ings, 617
Suits depending againft perfons there-
in, 528
Part of Effingham added to this county,
New county laid out of this and Scriven,
573
— — Court houfe and gaol under direction of
595
596
511
592
573
inferior court,
-Courts, where to be held,
-Roads, act of 1792 in force here,
Bulkley Ichabod and wife, divorced
Bullock, county laid out, its boundary;
Commiflioners of court houfe and gaol,
573-
Courts, where to be held, 573
Inferior court to levy counry tax, 573
To appoint commiflioners for Ogechee
river, 685
Court houfe and gaol under their direction,
573
-Roads, act of 1792 in force here,
499
8- 53
285
298
595
Burke county defined,
Waynefborough,
Court houfe, &c.
Under direction of inferior courts,
A new county laid out of this and Effing
ham, 5 1 2
Another county laid out of this and War-
ren, 593
Academy, lands granted for the ufe of, 285
Roads, acts of 1792 in force here, 499
Butler Benjamin and wife divorced, 660
C
VjAMDEN county defined, 8. 114
Court houfe and gaol at St. Patricks, 360
Commiflioners appointed, 361. 427. 433.
455
Empowered to purchafe confifcated pro-
perty, 503
Road through to St. Mary's, how to be
opened, 501 — 2
Inferior court to appoint commiflioners of
roads, 510
-Roads, act of 1792 in force here, 511
Court houfe and gaol under direction of
inferior court, 595
Canals, 685. 687
Carr Patrick, pardoned, 419
Cafwell Alexander,
675
S
Cattle, &c. unlawfully branding, ftealing &c.
622. 184. — 5 — 6. ,
Sales of, 185
Toll-mailers, 1 85
Exportation of, 187
Wild cattle, &c. 186
Caveats, how tried, 260
See land.
Againft the proving of wills, &c. — See ex-
ecutors and adminijlrators \
Ceded lands, 760
See treaty of 1 7 7 3 •
Claims to, by Indian traders, " 236
Late ceflion of land between Alatamaha
and St. Mary's, to prevent fettling, 326
Cemetery at Savannah, 54. 85. 149
At Augufta, 54
Cenfus or .enumeration, 36
Certificates, to be renewed and funded, 274.
3l5- 3*6 *
Form thereof, 274
Holders, how barred, 275
Of commiflaries and other officers, 278
Of officers and foldiers, 279. 316
New certificates to be iflued with proper
checks in lieu of the old, 537. 682
Chatham county defined, 8. 53 — 4
Court houfe, &c. in Savannah, 91. 298
Mayor and alderman commiflioners of,
433- 596-
Empowered with inferior courts to iiTue
bills of credit and levy county tax, 47 1
Authorized to purdhafe confifcated pro-
perty, 503
5 O Chatham
INDEX.
Chatham Commiflioners of, county allowed a
fum of money, 675
Academy, 372
Truflees appointed, and vacancies how
filled, 374
Zuberbuhler's efiate and other property
veiled in, 373 — 4
See Waldburger.
Orphan houfe efiate or Belthefda college
veiled in countefs of Huntingdon, 373
Since her death vefted in trufiees for a
college, 435
• The truflees to be a body corporate and to
account annually with the executive, 435
Vacancies, how to be filled, 435
New roads in Chatham, to be approved by
grand jury, 501
See Roads.
Inferior court to appoint commiflioners of
roads, 5 ] l
Road aft of 1792 in force here, 511
New county laid out of this, 528
Charter of incorporation granted, to the univer-
fity of Georgia,
-Town of Savannah,
-Augufla,
-Kioka Anabaptifl church,
-Epifcopal church in Savannah,
-Congregational church at Midway,
-Union fociety,
-Mechanical fociety at Savannah,
-Augufla,
302
416
621
409
410
411
344
5z8
547
Grand lodge at Savannah and others, 5 7 1
Augufla meeting houfe, 587
, May be granted by the governor to religi-
ous affiliations, 412
Chrifr. church, parifhof, Si
Church Chrift, 54
St. Paul, . 54
-Anabaptifl, on Kioka, incorporated, 409
410
411
2.3 7-
362.
Epifcopal in Savannah
Congregational at Midway,
Citizenfhip. certain perfons reflored to,
^57- 3°5« 3°6- 3°7- 326- 34°- 343
378. 379. 430. 522. 538.
How admitted to the rights of,
Claims, to property under execution,
Againft the State, when barred,
-May be recovered by fuit,
302
631
335
422
492.
Clerks of courts, how appointed, 425
611.
Tobe appointed during good behaviour, 40
Their oath and duty, 632 — 3. 701
Clerks of courts to give bond and fecurity, 633
Fees in civil and criminal cafes, 476 — 7
To receive State fees, 479-
Clerk of houfe of reprefentatives, his
fees, 478
Clergymen ineligible to feat in the legifla-
ture, 16. 27
Coin, gold and filver, to prevent clipping. 384
'Forging and paffing bafe metals, 467
Rates of, 553
Cocke Nathaniel and Philip Clayton, money
allowed them, 567
Columbia county laid out, 426
Commiflioners of court houfe and jail, 426
Additional commiflioners appointed, 433
Certain monies paid them, 503
Seat of public buildings made perma-
nent, 538
Court houfe and gaol under direction of the
inferior court, 595
, Academy, commiflioners to fix place
for, 538
. Roads, aft of 1792, in force here, 499
Coleman Reubin, certain property vefted in
him, 554
College Bethefda — See Chatham Academy.
Land. — See Univerfity.
Colleftors and harbour mailers empowered to
aft as commiflioners of pilotage, 352
Comptroller general, 682
Conffitution of Georgia, 7. 25. 30. 71
Alterations how to be made, 43
Commiflioners appointed to revife federal
conftitution, 365
United States, 805
Explanatory amendment as to the judicial
power ratified, 538
Confederation, articles of, 797
An alteration of, to ratify. 337
Congregational church at Midway incorpo-
rated.. 411
Convention, at Beaufort. — See Boundary.
-Of Georgia to meet at Louifville, and
when,
Conveyances. — See Deeds.
Conflables,
Their duty on Lord's day, .
Refpefting patroles,
In executing Haves,
——In receiving runaways,
In juftices courts,
Fees in patrole duty,
— —Fees for other fervices,
39. 546.
6z
81
17.0. 171'
'73
6.9
121 — 2
478. 641
Conflables
INDEX.
Conftables,
-How appointed,
637
To be fworn and give bond and fecuri-
ty. ; 637
How punifhable, 640
May levy on lands, but fherifF to fell, 642
Confeffion of judgment. — See Judgment,
Confifcation ads, 208. 227. 229. 231. 240.
242.
Recommended by congrefs, 209
Perfons named, 209. 243 — 4
Others not named, 231. 240. 245
Banifhed, 238. 245
Not to return, 210. 245"
— , — Their wives & children provided for, 218.
248.
Who may return, 237
Oath to be taken by them, 237
— — Lands, negroes, debts, &c. forfeited and
confifcated, 310. 240. 245 — 6
And eftates of perfons refiding in Britifh
dominions, 231. 245
Certificates to be iffued on the credit
of, 240. 241
Form thereof, 240
Confifcation,
Auditor to liquidate them/3 1 6 — 1 7. 335
Appointments of commiflioners made
void, 227
Sales of forfeited eftates to be made by
fheriff of Chatham, 228
Truftees appointed, 228
■ Commiflioners to deliver up eftates, papers
&c. 228
Claims againft confifcated eftates, 246.
2?7. 278—9. 257. 335.
1 Commiflioners to liquidate, 277
May be recovered by attachment in certain
cafes, 498
——Debtors to make known amount, 213
May pay the fame into treafury, 498
Copartners may fue for the debts and take
poifeffion of real eftate, 336
Certain debts fequeftered, 246
-Joint debtors may pay their proportion in
343
2X1
-I a.
treafury, 337. — In paper money,
-Commiffioners appointed,
-Their powers and duty, 211. 212
216.
■To make fales of property — terms and
conditions thereof, 314--15--16--17--18
Titles, how to be made, 216
To be fworn and give bond and fecu-
rity, 2 l 7
Vacancies, how filled, 218
To call in outftanding certificates and bills
of credit, 537
How to commence fuits, 216
Claims to property confifcated, how to be
tried, 215 — 16. 228. 246. 277. 278.
316.
Board of commiflioners to liquidate, 277
Property forfeited, felony to remove it out
of State, 229
Embezzlement of, 248
Manner and terms of fale in former aft
repealed, 230
Sheriffs of the feveral counties to fell, 230.
336\.
Conditions of fale, 230. 247. 248. 249.
273- 337-
Sales guaranteed by the State, 249
Certain fales made void, 246
Other commiflioners appointed for the fe-
veral counties, 247. 273. 279
To be fworn and give bond and fecurity,
248
■ To account with the legiflature, 275
To fell forfeited eftates, 247
Terms and conditions of fale, 247
Purchafers releafed, 252. 272. 316
Not allowed to tranfpofe payments from
principal to intereft bonds, 498
Conditions of fale altered, 272. 277
Officers certificates to be received, 279.
316.
Further time given for payment, 537
Bonds, mortgages, &c. appropriated to
difcharge national, French, Dutch, and
domeftic debts, 276
Negroes forfeited and out of the State may
be held by fair purchafers, 307
Reverted property how to be difpofed ofj
498. 534.
To be fold by commiflioners at Savannah
and Augufta, 535
Three commiflioners to be appointed and
to give bond and fecurity, 536
Terms and conditions of fale, 51c
May be fold at purchafers rifque, 536
Perfons giving information of confifcated
property allowed ten per cent. $$6
Contagious diforders, j 1 4
See quarantine.
Congrefs members of — See eleSions.
Continuation of former laws — See revival.
Copy
I N D EX.
Copy right, 323
Co-j artners, 336 — -7
Coroners, how appointed, 425- 49a
When to do the duty of meriff, 634
Fees, 474
Public when accountable, 478
Coils, in criminal cafes to be paid by profecutor
orprifonerat difcretion of the juftices,, 641
Cotton, infpedion of, 596
Ad repealed, 616
Manufadory, lottery authorized for, 684
Counties, boundaries of, 2-6. 35
Courts, fuperior, to be held in each county,
13. 28. 39.
Ad of 1777, for regulating the fuperior
courts, 207
1 77B, to open and regulate, 219
— ] 782 for opening the fuperior courts, 254
1786, repealing certain parts thereof, 338
Ad of 1789, for regulating the judiciary
department, 389
1790, to amend, explain, &c. 422
179 J, to revife and amend the judicia-
ry* ; 43?
1 792, to revife, amend, and confoli-
date, 480
1 793. to revife and amend, 532
1796, to regulate the judiciary, 616
7797> to revife and amend, 619
J79Qj to give concurrent jurifdidion to
fuperior court, 689
— — I 799, to amend, revife, &c. the judiciary
fyftem, 689
To be held twice a year in each coun-
ty, 620
Times for holding, 620
Reports of the trial of capital cafes to be
published, 621
Manner of adjournment, 622
Rules, 622
> Procefs, 622
Suits, continuation of, 623
May be managed with or without coun-
fel, 40. 623
Abatement of, 623
■ Evidence, 626
Appeal, 630
. Mis-trial, 630
State fees, 633
Officers of court, how punifhable, 635
Courts inferior, authorifed, 29. 39
. Juftices of, how appointed, 3 9
Held quarterly, 396
Courts inferior, held half yearly, 443. 636
The times for holding, 6:6
Their jurifdidion, 6 6. 638— 9
Governed by fuperior court rules and
pradice, 638
Appeal, allowed,. 6 6
Their fees on fuits, cgi. 638
— i — Empowered to appoint tax receivers and
colledors, 614
To levy county tax, 596. 602
Courthoufesandgaols, public roads, bridges
and the poor, under their diredion, 497.
499- 595-.
May eftablifh ferries, 66%-
To regulate ware-houfes and weights. —
See Tobacco.
Courts of confeience, 14. 64. 80
Judgments, bear intereft, 255
See jfudgments,
Merchant, 28. 9c. 128
— — Of oyer and terminer, 288
■ Juftices courts, 639
Courts-martial. — See Militia.
Court of ordinary, 40
Court houfes, and gaols, places for building, 298
Commiffioners of to be appointed by fu*
perior courts, 374
To give bond and fecurity, 375
To purchafe con fife ated property, 50g
Monies granted for the ufe of, 430
Inferior courts to levy tax for, 434. 502".
596.
The building and keeping them in repair
under their diredion, except in Chatham
596. and Richmond, 557-
i Fines and forfeitures, and monies arifing
from tavern licences and eftrays appropri-
ated for the ufe of, 374- 596
Counties, boundary of how altered, * 26
County lines to be afcertained," 31*
County furveyors how appointed, 425. 492
Fees, 47a
On what warrants to make furveys, 543-
Count D'Eftaing, 20,000 acres land granted
to him, 312
Counterfeit See Felony.
D
X-/AMS or banks, 86. 182. 348
■ Damages by, how afcertained and reme-
died, 1 83
Acrofs rice grounds, at what time to be
opened, 348
Dams,
I N D E
Dams, mill, roads acrofs, 500
Debt funded, 275—6. 316
——National, 276
French, Dutch and domeftic, 276
Due to the public, how to be paid, 277
Debts. — See Small Debts.
Debtors, 42
.. ,, Infolvent, 134
Declaration of independence, 1
Deeds and conveyances, 44.45.63.80. 155-318
By hufband and wife, 63
How to be hereafter made and proven, 63.
— ! — To prevent frauds in making, 86. 155
When and where to be recorded, 6^,
155.318.
— . Time for recording extended, 372. 425
Defect of form, not fatal, 156, 318
Livery and feizin not necefiary, 156
-Loft deeds, &c. howto be eftabiifhed, 3 1 9.
592. 626.
Deer, to prevent hunting by- fire light, 428
"Delegal, Philip and John, certain property veft-
ed in them, 362
Depreciation, fcale of, 268
Dickinfon Richard, admitted to practice
law, 382
Diftribution of inteftates' eftates — See Efiates.
Divorces, how to be obtained, 40
Dorfey Thomas E. admited to practice law, 382
Dower. — See Hvjband and Wife.
Relinquifhment of, 64. 318
1 Right of, to lands- fold under attach-
ment, 156
156
-How barred by mortgages,
Drunkennefs, 81
Dumoufay and others, how to eftablifh. certain
loft deeds, 592
E
E
BENEZER, town of.— See Effingham.
Effingham, county defined, 8. 53
■ Courthoufeandgaol at Tukefee King's, 298
——— At I^ian bluff, 360
Commiflioners of appointed, 360. 427.
433-
— — Empowered to purchafe confifcated pro-
perty, 503
■ And to fix on place for court houfe and
gaol, s56
New county laid outof this and Burke, 5 1 2
Part of added to Bryan, , 541
Effingham,
— I — Commiflioners, town
pointed,
of
Ebenezer ap-
59*
Their powers and duty rejecting re-fur-
vey, fale of lots, &c. 591
To apply the monies to ufe of courthoufe,
gaol and academy, 59 1
Courthoufe and gaol under direction of
inferior court, 595
-Commiflioners appointed to fix on perma-
nent feat of,
-Courts where
to be held in the
645
mean
645
499
429
time,
-Roads, act of 1792 in force here,
Elbert county, laid out,
Court houfe and gaol, inferior court to fix
place, 429
Commiflioners of, empowered to purchafe
confifcated property, 503
Inferior court have direction of, 595
7 Roads, act of 1792 in force here, 502
Elections, by the general affembly to be by joint
ballot, 41
Thofe by the people, to be viva voce, 41
Places for holding, 498. 61 1
Members of the legiflature, 387. 611.
613.
t— — Electors, their qualification, 41
Free from arreft, 6 1 2
Their oath, 6 1 2
■ Fraudulent returns of, hew punifhed, 612
Freedom of, to preferve, 612
Polls at, how to be kept, 614
Three juftices to prefide at, and fheriff to
preferve order, 61 1
Inferior and county officers, 389. 6x1
— — Juftices of the peace and of inferior
courts, 413. 612. 666.
Receivers of tax returns and collec-
tors, 6X 4.
Members to congrefs, 419. 4-4. 613
Enemies, internal, to expel or baniin, 207.
238
251.
Epifcopal church in Savannah incorporated, aio
Epidemical and contagious diforders, 516
See Quarantine.
Eftates, not to be entailed,
Inteftates, diftribution of, 15
313. 414. 623.
Dividend of, when to be made, 102
Of the wife, yelled inj;he hufband, 333.
4»4- .
Eftates,
*5-
17-
29
29.
INDEX.
Eftates real and perfona], of the fame nature as
to diftribution, . 313. 414
Adminiftration of, rules for granting. 3 1 3.
414.
If granted to a widow, may be revoked on
her marrying, 496
Temporary letters, to take care of. — See
Reg'ijhr of Probates.
Letters of adminiftration with the will an-
nexed, 494
Apprifers of to be fworn, 1 02
Inventory and appraifement of, not evi-
dence of value, 494
Real eftates of deceafed perfons, may be
fold by order of fuperior court, 424
By order of inferior court, 496
Of orphans to protect, 493
Eftrays, by whom and in what manner to be
taken up, 186. 436
To be viewed by freeholders, 436
Valuation and defcription of, to be fent to
clerk fuperior court, 436
Juftices and clerk how to proceed and their
fees, 436 — 7 — 8
Defcriptions of, to be advertifed, 437
Amount fales of, for county purpofes,
437. 596.
— — May be put to labor, or owner to make
compenfation for the care of, 437
> Proceedings reflecting, to be examined
by fuperior court, 438
Perfons neglecting their duty herein, fined,
. 438. .
Evidence, in State courts, 626
How to be taken in caufes depending in
other States, 514
Executive power, vefted in a governor, 37
Executors and adminiftrators, their duty, 100
— * — How chargeable, 10 1, 103. 496
496
495
102
496
-In their own wrong,
IOI.
-Their oath,
-Not freed from debs,
-Sales by them to be publifhed, 101
-Adminiftrators to give bond and fecurity,
102. 494.
-Bond to be recorded in clerk's office, 495
-Securities for, how to be relieved, 495
-If principal creditors they are to act in truft
for the reft, 102
-In what order to pay debts, IC2- 496
-How to recover thofe due, ica
-Neglect of duty, 103
Executors, their commiTIions, 103
Additional commiffions may be fued for,
104.
How to be apportioned, 104
- To account annually with regifter of pro-
bates, 493
Executors may be compelled to give bond
and fecurity, 493
Co-executors liable to bill in equity, 621
Notice to creditors, 496
Free from fuit 12 months, 496. 623. 693
May appeal without fecurity, 534. 630
Adminiftrators with the will annexed, 494
To give bond and fecurity, to be recorded
in clerk's ofrice, 495
Caveats Sec againft the proving of wills
and obtaining adminiftration, to be tried
by fuperior court,
— Execution,
How ftaid,
Illegality of,
226.
631.
F
: AUCHE Jonas,
Fees of public officers,
Public when accountable,
Of inferior court,
389-
534-
4i5
700
631
631
539
471
478
638
State fees See State fees.
Of juftices of the peace — See Jufiices.
Of conftables in patrol duty, &c. 121 — 2.
478. 64.1.
Felony, to counterfeit paper money, or pafs
forged bills, &c . 18 J. 342
Or audited certificates, governors or other
warrants, &c. 467
To forge or pafs bafe metals as good coin,
a68. • •
1
Committed by flaves, 1 67
Perfons convicted of, ineligible to office,
34-
Felons, tranfports, &c. from other places, 363.
377-
Feme covert — See Eujband and wife.
Fences. 9 46. 59
Ferries, eftablifhed at fundry places.
Great Ogechee — See Ogechee.
Bridge at — Sec Hampton CsV..
Bruton's near Savannah, 129
now Turnbull's, 573
■ Sbenezer, 146
_ — Mill town and upper road on Briar creek,
146.
Ferries,
I N D E X.
146
333
333
333
334
Ferries Augufta, 146. 284
Bridge at, 419
See Hampton.
— Fort Barrington on Alatamaha,
Skidaway,
M'Gowan's on Savannah river,
Mouth of Choga creek,
Reed's bluff on Alatamaha,
— Eftablifhment and regulation of, veiled in
fuperior court, 346. 386
■ Act for the regulation of, 386
May be eftablifhed &c. by inferior courts,
662
Ferrie John, and others, act for their relief,
Fines, forfeitures, &c. limitation of recovery,
141.
How to be recovered and applied, , 479
See court houfes and gaols.
~— Reflecting roads, 501. 510
Fire-wood, inflection of, 125
Fire-arms, &c. patrols to fearch for, 123. 153
Whiteperfons to carrythem to church, 157
Slaves, not to carry, 153. 170. 176
Of militia men not liable to feizure for
debts. &c. 816
Nor of perfons working on roads, 508
Fire company in Savannah, 553
In Augufta, 553
Members of, exempt from militia duty,
except in certain cafes, 553
Fleming Mary, certain property vefted in, 362
Foreigners, how fecured for loans of money
307
Residents, may hold real eftate, but not
by grant, 567
Repealed, 60 O
Forgery — See felony-.
Forbes John, certain property vefted inhischil-
326
520
dren,
Fornication and adultery,
Franklin Benjamin,
Franklin county boundary,
Head rights, &c. in,
See Land.
Courts, &c. where to be held,
491.
315-
and
l5l
291*
3C9
361
gaol,
Juftices appointed for,
Commiffioners of court houfe
382. 433.. 457
Empowered to purchafe conhTcated pro-
perty, 503
Roads, act of 1 792 in force here, 499
——Width of, 502
Franklin, new county laid out of this, 575;
Franklin, State of (fo called), governor of this
State authorized to make certain engage-
ments with the people of, 368
Frederica, town of, commiffioners appointed,
their powers and duty, 47°. 599
French fubjects, eftates of, 312
Count D'Eftaing, land granted to him, 3 r 2
Debt to the French nation, pretended to
be provided for by fales of confifcated
eftates, 276
Free perfons of color coming into this State,
how to proceed, 530
Funded debt — See debt.
Furlow John, act for his relief, 546
G
(jjrALPHIN old town, warehoufe at, 339;
Gaming, 93. 111. 2Ci
Bonds, bills, &c. void, 94
Money loft at, how to be recovered, 95.
1 1 1 — 12
Winners, to difcover amount on oath, 95
To forfeit 4 times amount won, 96
Fighting on account of, 96
■ Tavern keepers fubject to fine, 96. 112.
201. 345
Apprentices, Sec. to be fined for, 96
Juftices their duty refpeding, 97
Appeal from their decifions allowed, 98
Gaols, under the direction of inferior courts,
certain counties excepted, 595
Gaolers, under the fuperintendance of inferior
courts,
-Fees,
-The public when accountable for,
-When to be paid by county tax,
•Property of prifoners liable for,.
595
474
478
602
532
25.
33
General alTembly,
See legijlature.
To meet annually,
Georgia State or — See boundary and conjlitut'ion*
Divided into 3 fuperior court circuits, 620
Settlement to promote, 12^
Proteftant families allowed town/hips, 125
Great feal of the State, 3 8
Georgia company, their purchafe of weftern
territory, 560. 02
Gibbons Thomas, admitted to practice law,
.34°-
Gilpin Ignatius and wife divorced, 666
Glynn county defined, 8. 1 14
Certain iflands added to, 386
Glynn
INDEX.
Glynn county,
Court houfe and gaol of Brunfwick the
permanent feat of public buildings,
669.
Commiffioners of, appointed, 433
To purchafe confifcated property,
Academy,
— — Road through to St. Mary's, how to be
opened, 5 o 1
— — -Commiffioners of roads, how appointed,
511.
-Road act of 1 792 in force here,
359-
669
503
3S1
511
64.
323
233
Gouging — See Biting,
Government, houfe at Savannah,
Seat of, at Auguita,
Another place to be pointed out by com-
miilioners, 320
■ At Louifville, 3 1
Departments of government diilinct, 3 1
Governor, his constitutional powers <Scc. 37 — 8
His fecretaries, 38
Grand jury, 627
Their oath, 7 1 1
Grand lodge — See Mafons.
Grant Daniel his will emancipating certain flaves
to be carried into effect, 585
Great Ogechee — See Ogechee.
Greene county laid out, 322
Court houfe and gaol, 323. 360
Commiffioners of, 360
To purchafe confifcated property, 503
Roads aft of 1792 in force here, 499
Width of, 502
New county laid out of this and Washing-
ton,
521
Part of this county added to Oglethorpe,
546
Greenfborough, town of, 323
Greene Nicholas, pardoned, 384
H
1 J ABE AS corpus, 19. 42. 691
Inferior court may grant, 4&5« 638
Hampton Wade, exclufive right to erect bridge
at Augufta, veiled in him and his heirs on
certain terms and conditions, 419
Time allowed for building the bridge, 665
Rates of toll, 420
No other bridge or ferry to be permitted
between Wallicon's and Rae's ferry, 420
Empowered with James Gunn to erect a
bridge at Great Ogechee ferry; on certain
conditions, 421
Further time allowed them, 468
■ Rates of toll, 42 1
Hampfon Wade,
No other bridge or ferry to be allowed in
three miles,
Hampton river, canal to Racoon point,
Hancock county laid out,
■ ■ — -Commiffioners of court houfe
gaol,
421
687
521
and
521
Courts and elections, where to be held, 521
Inferior court to levy county tax, 521. 596
Officers, civil and military, continued, 522
Roads, act of 1792, in force here, 499
Harbor mailer, port of Savannah, duty of, his
oath and fees, 198 — 9. 35-3.
How removeable. Vacancies to be filled
by the executive, gj?
Empowered to act as commiffioners of
pilotage, 352
Hardwick, warehoufe at, 339
Commiffioners of the town, 525
Plat of re-furvey to be recorded in furveyor
general's office, 525
Harry, a negro emancipated for fervices in the
late war, 346
Haynes Anthony his will, emancipating certain
Haves, to carry into effect, 58 c
Health officer, under the direction of the com-
miffioners of feamens' hofpital, 3^1
His fees, 351. 517
Hornby Philip, certain property vefted in, 347
Horfes, &c fales of, 1 84
Toll mailers, 185
Stolen and tolled, how regained, 185
Mifchievous branding, disfiguring, &c. 1 85.
186.
Exportation of,
Wild,
-To improve the breed of,
187
186
436
201
43°
53l
53*
S32
Horfe, racing, penalty for,
Stealing,
Puniffiment, death, without clergy,
Perfons charged, how to be treated,
How bailable,
Their property liable for payment of
fees, 532
Duty of peace officers therein, 532
Bail maybe required tojuflify, 532
Hofpital for feamen at Savannah, 351
Huntingdon, Selina countefs of, — See Chatham
Academy.
Hufband and wife — the wife may convey her
eflate, 63
Her eflate veiled in the hufband, 313.
4H-
The wife liberally provided for. — See
EJlates. I
INDEX.
J.
I
A.CKSON county laid out, 575
— Commiffioners to fix on place for court
houfe and gaol, ,575. 678
— Courts and elections where to be held, 575
Roads, act of 179a in force here, 499
Jackfon Abraham, admitted topractice law, 350
Jails. — See Gaols.
Jefterfon county laid cut, 5^3
CommifTionersof court houfearsd gaol, 593
Courts and elections, to be held in Louif-
ville, 594
Road act of 1792, in force here, 499
Jekyl Ifland, added to St. James's Parifh, 1 14
Certain loft deeds for land on this ifla.d
to eftablifh, 592
Jerry a negro man pardoned, 66 f
Impeachment, 32 — 3
Former convictions, 42
Impoft. — See Tonnage.
Incorporation. — See Charters of.
Indentures. — See Deeds.
Independence — See Declaration of. 1
Indians, fales of land, jr. 288
Penalty for erecting huts on their lands, 99
Murder of, 200
Agents to be appointed to refide among
them, 3 3 1
• A ct repealed, 365
To fupprefs the violences of, 365. 375
-Their claims to certain lands, to extin-
_ guifli, 550. 605
Indigo, planters of, to deftroy ftecped weed, 193
Inferior courts. — See Courts.
Inferior officers — See Officers:
Ingles Alexander, his heirs to relieve,
Inflection, of beef, pork, &c. 125
Of tobacco. — See Tobacco.
28
620
622
620
62 x
621
Johnfon Rachel and her children, certain pro-
perty vefted in, 387
Jones John, money granted to him, 656
Iron works, 205. 235
Judicial power, vefted in fuperior and inferior
courts, (See Courts.) 28. 39
Judges of the fuperior court elected for three
years,
' Their oath,
May adminifter all necefTary oaths,
To alternate the circuits,
To meet annually at JLouifville,
Their jurifdiction,
Bound to publifh reports of capital cafes,
621.
Judgments, to be according to verdict, 220
To bear intereft, 254. 338. 391. 481.
630.
Property bound from the day of fign-
ing, 39I-48I. 631
Confeflion of, 482. 630. 699
693
476
41
627
702
629
702—3
711
630
7Q7
703
7C4
39-
By default,
Jurors and witneffes fees,
Jury, trial by,
Lifts, how to be made out,
— —Drawing c£y
■ Their oath,
Grand jury,
Their oath,
Special jury,
Their oath,
How fummoned,
-Fined for default.
628
627.
630.
628.
629.
457
6-7
Infolvent debtors,
-Their oath,
May be detained by creditors,
Committing perjury,
Intereft of money, 44. 1^8.
*34
*35
*35
»35
699
-Dedudion of, on account of the war, 336
Payable to the public, 297
Judgments bear intereft. — See judgment.
Not allowed on open accounts, 489. 63 I
Inteft.nes eftates. — &ee Ejiates.
Interrogatories, 544. 626. 697
Inveigling of flaves, 177
See Slaves.
Invalids.
327
Juftices of the peace, how appointed, &c
413. 612.
Their oath, 413
Their duty, to fupprefs gaming, 97
Proianenefs, &c. of the Lord's day, 80 — i
Profane fwearing, g^
Refpecting feamen, 130 — r
Bakers, 148
Patrols, 1 j g
Horfeftealing andothercriminal cafes, 53 1
Jurifdiction. in civil cafes, 40. 401. 621.
709.
Fees, 534. 641
Juftices courts, 638
See Courts.
May award payment of cofts in criminal
cafes, 641
Indictable for mal-practice, 641
Juftices of inferior courts, howelected, 39.
612.
5 P KEMP
INDEX.
K
IVEMP SOLOMON, certain property vert-
ed in his wife and children, 307
Kioka, Anabaptift church incorporated, 409
L
J_jAND, act of 1777 for opening the land
office, &c. 203
Of 1777 to amend and repeal certain parts,
205
Of 1 780 for the more fpeedy fettling this
State, 232
Of 17S5 for opening the land office, &c.
258.
Of i^S^to^amend and repeal forne part
of the kit a<51, 286
Of 1784 for laying out two counties and
granting th^ lands, 29c
Oi 1785 to amend and repeal certain parts
of the land ads, 308
Of 1789 fupplement to the feveral land
laws, 407
-Of 1794 to prevent abufes in furveying
land, 54;
Sales of, by attornies or agents, 48. 319
By Indians — See Indians.
Claimed under truftees, 54
Titles thereto confirmed, 57
Partition ef, 86. 142
Claimed under South Carolina grants, 105
The grants to be audited, 107
■ Lying fouth of Alatamaha annexed to the
State, 1 14
Frauds in furveying, 117
" ' Claims to, muft be by fuit, 139
Deeds, mortgages, &c. where and when
*55
156
258
3°9
417
3°9
286
286.
291
292
3"-
259
260.
310
to be recorded,
.SV^ Deeds.
-Livery and feizen, not necefTary,
-Office opened, 203. 206.
-Head rights, 203. 205. 234, 259.
-Oath of perfons claiming,
-Forfeited, &c. in cafe of perjury,
-By purchafe, 259- 260.
-Audited certificates to be received,
3l6-
-Gold and filver only to be received,
-Bond and mortgage, to be given,
-Surveyors of, 259. 262. 264. 3 to.
408. .
-Surveyor general,
-Warrants, when and how iffued,
286. 291. 309. 407.
-Renewed for 6 months,
Land warrants,
Never out of date, if furvey is made with-
in two years, 326
Of officers, foldiers, &c. never out of date
but to be laid before land court, 3 r 1
Loft warrants and plats, how eftablifhed,
236
Certain plats added to furveyor general's
office. 677
Transferred warrants not to be renewed,
545
Surveys, how to be conducted, 1 18. 204.
259. 309
Under icoo acves, free of purchafe, 309
Names offurveyors and chain carriers to
be added to all plats, 365
Beginning corner to be fet forth 407. 409
Lapfed or void, 204. 236. 260. 287
— — On what warrants to be made, 545
— : — How to prevent abufes in furveying, 545
Beyond temporary line, or on Indian
lands, void, &c. 236. 262. 310. 326.
064.
Land court,
Grants,
Form thereof, 23:
Not necefTary to be audited,
To be regiftered in the county,
Not necefTary to be regiftered,
Two grants for the fame tract,
' Caveats how to be t:ied,
Appeal allowed,
Settlements on, 203.
Not necefTary,
How exempt from tax,
Settlement and cultivation,
Right of preference, 204. 235. 262. 310
Former allotments of, 204. 23 c — 6
Confirmations of, when alienable, 204
May be given as fecurity in purchafe of
confifcated property, 249
Abfentees, having claims to, notified by
proclamation, 204. 235 — 6. 287
Minors, not affected thereby, 287
! Settlers invited by proclamation, 236
Grants of, to certain widows and minors,
free of cofts, 287
For free fchools in the feveral counties,
285-.
For. the endowment of a college, 293
Certain quantity allowed, for building
faw and grift mills, 205
And for iron works, 2C5. 235
Referved for Virginia petitioners, .292
Rent referved on land granted, 291
Land
261. 286. 294
;. 263. 407—8
206
2C6
326
310
262. jog
293. 407
333- 259
294
293
309. 680
INDEX.
Land, may be granted on old rights or warrants,
204. 286
— — Ceded lands, claims to by Indian traders,
236
Bounties to officers, foldiers, &e. 2-38.
259. 293. 294, 311
To State troops — See State troops.
Rights to land in Franklin and WaShing-
ton, 291
Late ceffion of land between Alatamaha
and St. Mary's not to be furveyed, &c. 326
Set apart as a fund to redeem paper money,
342
The bounds of, to be procellioned, 520.
How to be granted out after extinguish-
ment of certain Indian claims, 548
Sales of, to certain companies, 387. 557
Laws, continuation of (See Revival.) 42
Civil and criminal to be revifed and di-
gested, 40
Ex Pojl FaiJo, not to be pafied, 41
Lawfon John, admitted to practice law, 616
Lazaretto, on Tybee Ifland, land purchafed
for, 137
Legiflative authority. veiled in a fenate and houfe
-Inferior court to appoint commiffioners of
roads, &c 510
-And, to fuperintend court houfes, gaols,
&c.
Road a dr. of 1793, in force here,
. New county laid out pf this,
Riceborough, town laid out,
Light-houfe on Tybee,
-To be ceded to the United States,
of reprefentatives,
Legislature, how constituted,
— — — t ime of meeting,
-Freedom of debate,
-Members of, free from arrelt,
-How to be apportioned,
-Temporary apportionment,
-Qualifications of,
-Certain difqualifications,
-Elections of — See Eleclions.
-Vacancies of,
-Not to be elected to office,
-Their oath,
-Donations or gratuities by, how to
made,
31
3*
33
33
33
3a
32
31— 2
33
33
33
34
be
36
590
Ltjeau William, pardoned,
Letters of attorney. — See Attornies.
Liberty county defined, 8. 53 — 4
Academy, 380
Courts, &c. where to be held, 298. 618
Commiffioners of court houfe and gaol em-
powered to purchafe confifcated proper-
ty, 503
Road through to St. Mary's, how to be
opened, 501
New roads to be approved by the grand
jury, j 0.1
595
5°S
527
618
66
43 2
Limitation of actions, 140 — I
Certain fpace of time not counted, 257.
372.
Further extended, 425
Of recovery of fines, 141
Not to prejudice claims of Sir William
Baker, 141
-Not to affect perfons under age, &c. 141
Line, drawn between citizens and enemies,
Ad! repealed,
-Between whites and Indians, gil.
Lincoln, town of,
County laid out,
Commiffioners to fix on place for court
houfe and gaol, 594. 678
239
239
364
325
594
-Courts where to be held,
-Inferior court to levy county, tax,
59.6
-Suits againfr. perfons therein,
■ Roads, act of 1 792 in force here,
594
594.
595
499
-Literature and genius to encourage, 323
Little river, to be kept open for the paffiige of
fifii> 609
—Repealed in part, (y 8 o
Longftreet William, &c. patent right to (team
5S2
80
81
81
82
177
So
80
81
81
236
691
449
31
320
320
engine,
Lord's day, to be kept hoi)',
Duty of jufrices therein,
Of conitables,
Not a judicial day,
Slaves not to be worked,
No perfon to work or fell goods,
Hunting, fnooting, &c. prohibited,
Public houfes not to Le kept open,
Drunkennefs thereon,
Loft warrants and plats, how eStabliShed,
Deeds and other papers, 319. 626.
Receipts or notes for tobacco,
Lotteries, to fupprefs, 93.
Louifville, feat of government,
Town of,
Commissioners appointed,
Empowered to purchafe confifcated pro-
Pert7> 536
Louifville, ,
I N D -E X.
Louifville, town of,
Commiffioners to convey certain lots, 970
Empowered to purchafe confifcated pro-
perty, _ 536
Academy, commiffioners of, 615
Act for the regulation of the town, 673
Lumber, admeafurement of, 429. 54 !• 677
M
IV
as s
679
AIMING, Sec.
Manderfon John Hume, pardoned,
Marriages ratified, 313
Not to be folemnized without licenfe or
notice, 3H- 4*5
Licenfes, by whom granted, 40
Maries and brands, to be recorded, . 456
See Cattle, &c.
Mafons, grand lodge at Savannah, and others
incorporated, 571
Mathews George and wife, divorced, 669
Mathews John, and others, admitted to prac-
tice law, 35 c*
Maybank Andrew and wife, divorced, 520
M' Allifter Matthew, admitted to practice law, 3 1 1
M'Cormack Frances, certain property veiled in
her and her heirs, 379
M'Donald Henry Moore, and wife divorced, 660
M'Intofh county laid out, 527
Commiflionersof court houfe and gaol, 527
— Inferior court to levy tax, 527« 594
Courts, where to be held, 528
Boundary defined, 541
Roads, adt of 1^93 in force here, 511
M'Leod Donald, his reprefentatives relieved
552
5 1 8. J47
321
allowed for
205
from confifcation,
Mechanical focieties, incorporated,
Merchant.— See Courts Merchant.
Meftizo. — See Negro Slaves.
Mills, grift, toll allowed,
Saw and :gvift mills, land
building,
Sec Dams.
Militia, captains 'of, to appoint patrols and keep
lifts, \ 119 — 20
May employ fubft^itutes in place of defaul-
ters, 120
Company officers to enforce patrol law, 463
— — Fieldofficerstofuperintendpatrolduty, 124
Divifions, brigades, &c. defined, 458.
568. 601.
Major generals to command divifions, 458
. Entitled to two aids de camp, 8 1 7
•= Brigadiers to command brigades, 458
Militia,
■ Brigadiers entitled to I aid de camp, 524
General officers may employ exprefles, 6iz
Adjutant general, 458.681
Compenfation allowed him, 68%
Brigades, fubdivided into regiments, bat-
talions, Sec. 458
Major generals, brigadiers, and adjutant
generals, how appointed, 41. 466
Lieutenant colonels, majors, and compa-
ny officers, how appointed, 459
• Brigade infpedtors, 681
Regimental ftaff, how appointed, 466
Adjutants pay, 682
Vacancies, 465 — 6
Non-commiffioned officers, 463
Counties having lefs than two battalions,
how to be commanded, 459. 568
Officers, how to take rank, 460. 523
How to be inftrudted and trained, 68 1
- Can hold but one commiffion, 524
Orders how to be diftributed, 464
Caffiiered officers, 523
Enrolments, 460
Who liable to duty, 460
Aliens, when liable, 523
Subftitutes, how to be approved, 524
No perfon to leave a company without
notice, 465
Exemptions from duty, 567. 524. 553.-
56S. 687.
Quakers, how exempt from, 467
Arms, accoutrements, Sec. 460
Not liable to feizure for debts, &c. 817
Returns, how to be made, 464
Fines for deficiences, non-attendance, &c.
460 — 2.
Warrants for the recovery of, 462
How to be applied, 465 , 523
Mufters, regimental, battalion and com-
pany, 461
Interruptions of, on parade, 461
May be embodied by the governor, 465
And ordered out in defence of the fron-
tier,
-Volunteer companies,
-No perfon to leave the
tice,
-Courts-martial,
-Oath of members,
-To impofe fines, &c.
For the trial of officers,
-How to be appointed,
m
522
524. 818
without no-
465
461. 464.
523.836
462
464—5
523
Militia,
INDEX.
Militia,
— — Commiffions in new counties void,
601.
Governor to organize militia therein, 568.
6c 1.
New commiflions, how to bear date, 568
How to be made out for lieutenant colo-
nels
Militia laws to be publicly read,
Mis-trial,
Mifliffippi company's purchafe of territory,
Mitchell Abner and wife divorced,
Montgomery county laid out,
Juftices of the peace continued,
Commiflioners of court houfe and gaol, 529
Clerks, fheriffs, &c. how elected, 529
Public buildings therein, feat of, 619
Roads, act of J 792 in force here, 499
Monroe, Simon, certain property veiled in his
heirs, 6 1 9
Money. — See Coin and Paper money.
Moore Matthew, certain property vefted in his
Oath to be adminiftered to clerks,
567. Sheriffs,
Juftices of the peace,
County furveyorsj
Grand jurors,
Pettit jurors,
Special jurors,
Jurors, on the trial of flaves,
On the trial of claims,
Infpectors of tobacco,
Receivers of tax returns,
Tax collectors,
■Electors or voters,
Conftables,
■Infolvent debtors,
Executors and administrators, 101.
Appraifers,
Harbor mafter,
Wharfingers,
Courts martial, 523.
568
466
630
562
669
529
529
heirs,
Mortgages,
-To be recorded.
Frauds in making,
•See Deeds.
Dower, how barred by,
To foreigners,
Foreclofure of,
Murder of flaves,
Of Indians,
362
45. 86
156
308
423. 488. 624. 695
178
200
N
N
1\ AVIGATION, to be kept open 86. 109
■ Penalty for obftrucli ng, 110. 198
How to be recoveredand applied, 110 — 1 1
Negroes, &c. — See/laves.
Mortgage and fale of, 45. 155
See Deeds.
Government of — See Patrols and Slaves.
North Newport river, bridge eftablifhed at, 661
Notary public, his fees, 474
Nowland Elizabeth and her heirs certain pro-
perty vefted in, 379
o
vyATH, or affirmation-— -See affirmation.
To be adminiftered to fenators and repre-
fentatives, 34
Governor, 37
Judges of the fuperior and juftices of the
inferior courts, 620. 636
— — Auditor, 295
632
634
413
261
14
629
630
167
631
450
649
630
612
637
**4
494
102
199
200
83S
Oconee river to be kept open for the paffage of
fifh, 576. 667. 676
— -. — Lottery authorized to improve the naviga-
tion, 684
Officers — See Public officers.
Officers, foldiers, &c. bounties of land
- See Land and State troops.
Their certificates payable for confifcated
property, 272. 316
— — Thofe difabled in the war, provided for,
Militia officers — See Militia.
Ogechee, Great, ferries acrofs, 67. 145. 188.
346-
> — i — Toll bridge at,
-How to be kept in repair,
Navigation of, to improve,
503. 606. 686.
— — Tax on adjacent lands,
Lottery authorized therefor,
Obftruclions, how to be removed,
Mill dams acrofs, how to be paffed,
-Toll bridge acrofs, near Louifville,
419. 468
686
33 »• 427«
608
609
609
606
588
Oglethorpe, county laid out, 526
Juftices of the peace therein continued, 526
Commiflioners of court houfe & gaol, 526
Courts, where to be held, 526
Inferior court to levy county tax, 527
Part of Green county added to this, 546
Ordinary, court of — See Court.
Orphan houfe eftate, or Bethefda college — See
Chatham county.
Orphans, claims to lands. — See Land.
Orphans,
I N D EX.
Orphans may be bound out, &e. 339. 405
. Their eftates to protect — See EJiates.
■ Inferior court may bind them out and ap-
point guardians, 497
Ofborne Henry, indemnified for acting as juf-
tice of the peace, 321
Evidences on his trial, to compenfate, 454
Overfeers to be kept at plantations worked by
flaves, 178
A PER money, fcale of depreciation, 268
-Emiffion of,
•Counterfeiting, 181.
-Specie value thereof,
-How to be redeemed,
-Tender of, extended,
-No longer a tender,
-How rated in payment of taxes,
181
342
3*4
385
335
412
439
Payable to the executive for Sate fees, 479
Parifhes, laid out, 52.
St. Matthew,
Chrift Church,
■ St. George,
St. Paul,
St. Philip,
St. John,
St. Andrew,
St, James, . 54.
St. David,
St. Patrick,
St. Thomas,
— St. Mary,
Partners — See Co-partners.
Partition of lands, &c.
Patrols,
— - — Militia officers to enforce patrol duty — See
Militia.
-Divifions to be laid out,
-Who liable to duty,
114
53
53
53
Si
5o
53
53
114
114
1 J4
114
114
142
119
-How to be armed,
-Who exempt, 121.
-Penalty for neglecting to appoint,
-How to be recovered and applied,
-Subftitutesmay be employed,
-Captains of, how appointed,
-Penalty for refufingto act,
-How to be recovered and applied,
-Their duty and authority,
-May fine defaulters,
-Their powers and duty reflecting flaves —
See Slaves.
-Penalty for abufing flaves, 12:3,
119
J2Q
122
IS4
1.19
119
I20
122
122
122
122
122
Petersburg
Patrols, may fearch fufpected places, and enter
diforderly tippling houfes, 123
. May fearch negro houfes for fire arms, Sec.
W 153-
If iued wrongfully, may recover double
coft's, 1 24
Penalty forgetting drunk on duty, 124
How to prevent nightly diforders and
riots in Savannah, 123. 154
Pendleton Nathaniel, admitted to practice law,
town of,
Warehoufe at, 658
Peter, a negro man pardoned, 455
Piers in Savannah river, lottery authorized for
erecting at Augufta, 588
Pilotage, ^ 75- 134
Commiilioners appointed for certain ports
and money advanced, 352
Empowered to improve the navigation of
Savannah river, 521
Collectors and harbor matters added as
commiffioners at the refpective ports,
Fees, or rates of pilotage, 77.
Pilots duty refpecting quarantine,
PJatt Mary pardoned,
Poor, provided for,
Overfeers of, to be appointed and tax le-
vied by inferior courts for their fupport,
497. 596.
Certain forfeitures appropriated for their
ufe, j 1 a-
Poor-houfe and feaman's hofpital — See Savan-
nah.
Pork, pitch, tar, &c. infpection of, 127. 150
Porter Benjamin, admitted to practice law, 311
Powder receiver's fees, 478
Prefs, Freedom of, 41
Prifoners, their property how liable for pay-
ment of gaolers fees, 53 2
Profanenefs, &c — See Lord's Day.
• Propane fwearing, 34^
Proclamations, notifying perfons- claiming lands
See Land.
Proceffioning of land — See Land.
Procefs — See Court.
Public officers, court eftablifhed for their trial,
347
Liable to impeachment — See Impeachment.
How elected — See Elections.
Their fees, 471
Table thereof to be fet up, 479
To give ftatements thereof, • 478
Public.
392
380
516
32T
339
INDEX.
Public officers-
To forfeit four fold for overcharge and
may be difmifled from office, 479
If fued wrongfully may recover double
cofts, 479
Officers of court how puniffiable, 639
Public monies to be accounted for, 295
Public accounts, in what manner to be kept, 600
Purkins Peter, aft for his relief, 543
CL
QUAKERS, how exempt from militia duty,
' 4^7- 524
Quarantine, in what manner to be performed,5i4
Duty of pilots herein, 516
Duration and places of performing, 5 1 6
— To be enforced by proclamation, 517
Expences incurred, how paid, 517
Former laws re peeling, (Repealed.) 518
R
■TRACING— See Horfe racing.
Records, &c. the mode of authenticating, 837
E.egifter of probates, 15. 425. 492
May grant temporaryletters, to collect and
take care of inteftates eftates, 314. 414
May ifTue maniage licenfes, 415
His fees, 475
Powers of, vefted in the inferior courts, 40
Religious worfhip, 52
Eftablifhment of, prohibited, 42
Toleration, 42
Societies protected in the exercife of reli-
gious duties, 457
And may be incorporated, 412
Rent, diftrefsfor, 492.623
Reprefentatives — See Legi/latures,
Retailers, not to retail fpirituous liquors, &c.
without licenfe, 454
Merchants and planters may retail under certain
reftriclions, 454
Revival and continuation of certain laws, acts
for 60. 114. 128
144. 151. 160. 189. 202. 231. 239.
280. 289.
Richmond county defined, 8. 53
Court houfe, &c. at Kioka, 298. 425
Gaol at Augufta, 425
. County divided, 426
Court houfe and gaol at Augufta, "and
commiffioners appointed, 426.433
. Mayor and aldermen to act as commiffi-
oners, 433
Richmond county,
Other commiffioners appointed, $$7
—Roads, act of 1792 m force here, 499
Riceborough, town of, eftabliffied on North
Newport river, 6 1 8
Rivers and Navigable creeks. — See Navigation.
Roads, &c. 44. 49. 84. 152. 280. 333. 386
The eftablifhment and regulation of, veft-
ed in fuperior court, 34°
Under direction of inferior courts, 499
Act of 1792 in force in certain counties,
499. 505. 6o4
Amendments thereto, 661
Act of 1 793 in force in other counties,
505. 511
New roads and alterations, how to be
made, 499- 5C1
To be approved and recommended by
grand jury, 511
Overfeers or furveyors of, 500. 505
Their powers and duty, 505
Who liable to work and how long,5oo.5o6
How to be fummoned, 506
To carry proper tools, 661
Fines for neglect, 500. 507
Anns and accoutrements, not liable for,
5C7
— — How to be recovered and applied, 510
Perfons exempt from working on, in
Effingham, 511. 668
— — White perfons, to carry fire arms, 507
Free from civil procefs, except for fines,
507.
Roads over mill dams, 500
Sign poftsor ftones to be fet up, 502. 510
How to be laid out through Liberty,
Glynn and Camden, 501
Commiffioners to appoint overfeers, 508
Perfons obftructing roads, bridges, &c. 308
Width of roads, 508
Commiffioners to meet annually in the
feveral counties, 509
Liable to fine for non-attendance, 510
May eftablifh ferries and rates, 509
And lay out private paths, 509
Surveys of, to be made and lodged in
clerk's office, 510
Inferior courts to appoint commiffioners in
certain counties, 510
Certain negroes in Chatham to work on
roads in Bryan, 662
■ ■ ■ Road, from Greenfborough to Sunbury,
how to be opened through Liberty, 662
Roads, &c.
I N D
X.
Roads, from Louifville to Savannah, and to
Wafhinpton, and from Chickafaw ford to
Columbia court honfe, 659
Rules of court, by whom made, 622
s
c
OT. MARY port of, comffrsj oi pilotage, 352
— Harbor and tonnage mailer, 353
— Town of, ccmmiiiioners appointed, 455
Savannah, true plan of the town, where to be
159- 353
53- 73- 87- 93
54, 8;. 149
6j. 32c
66. 1 ;q
found,
-Chrifl church,
-Cemetery,
-Government houfe,
-Common afcertained,
Savannah,
To publifh expenditures monthly, 355
To regulate public docks, 355
■ -And all taverns within the city, 454
May fix the boundary of wharf lots, §55
Empowcredtoappointvendue mafters, 660
Limits of corporation explained, 5^6
Jurisdiction of civil caufes, 389
Additional number of aldermen, 556
■ Qualification of voters, 55^j 664
Fire company, 553
Grand lodge of mafons incorporated, 57a
Mechanical fociety, 5 ! 8
-Stage carriages, a line efiabliihed between
Part of, exchanged for garden lots and
other lands, 83. 133
Water lots at the end of ftreets and other
lots referved for public ufe, 74
Alfo the fpring . 74
Veiled in certain commiffioners to be leaf-
ed for the ufe of a free fchool or col-
lege, 322
Court houfe and gaol. — See Chatham*
Market, 44. 52. 61. 87. 104
Affize of bread. — See Bread.
Work houfe, 88. 136. 171
Nightly diforders and riots/ in what man-
ner to be prevented, 121 1 54
-Wharves and (hipping, J 94
Harbor mafter for the port of, his duty
and fees, 194- *98— 9- 352
Toexecutethe dutyof tonnage mafter, 353
Commiflioners of pilotage. — See Pilotage.
Empowered to improve the channel of
Savannah river, 521
Health officer for the port of, 416
. Seamen's hofpital and poor houfe, commif-
fioners of, Sz2
Lottery authorifed for building, 543
Town and hamletsdivided into wards, 354
Wardens and prefident of, how elected, 354
Their powers and duty, 354
Incorporated and ftiled city, 416
— , — Mayor and aldermen (inftead of wardens)
how elected, 416. 663
. Their powers and duty, 354 — 5
Reflecting quarantine, 514
To ferve without fee or reward, 354
Appointed commiffioners of court houfe
and gaol, 433- 595
. May leafe out public lots, vendue houfe,
and fpring lands, 354
this place and Augufta, 5!9- 610
Unfortunate fufferers by fire, to relieve,
661. 667.
Savannah river, navigation of to improve, 334.
347. 531.
Lottery authorifed therefor, 597
Scales, weights and meafures, 200
How to be regulated, 45c. 531
Schools to be eftablifned in the feveral counties
at public expenfe. — See Academy,
Scriven county laid out, 513
Commiffioners of court houfe and gaol, 513
Others appointed with powers to fix the
public buildings,
617
-Courts and elections where to be held, 513.
617.
Inferior court to levy county tax, 513. 596
Juftices in office continued, 51%
New county laid out of this and Bryan, 575"
Roads, act of 1 792 in force here, 499
Seamen, defertion of, 1 30
Perfons crediting them, * 131
Harbouring them, 131
Entitled to certificate on being difcharg-
ed, 131
Not to be employed, or to pafs ferry with-
out certificate, 132
Hofpital for, 35 1
Secretary of the State, 38
: — . — His fees, 47 1
Secretaries to the executive, how appointed, 29.
4T3-
Their fees,
Semple Alexander, indemnified,
Senate. — See Leg'tflature.
Senatus Academicus. — See Univerftty.
Se que fixation of debts, &C.
• Servants, not flaves, the government of,
Sets-ofr,
475
321
246
570
626. 698
Sharp
I N D EX.
Sharp Henry, certain property verted in his
heirs, 362
. Elizabeth Sharp, certain property vefted
379
611
634
634
473
473
478
602
700
705
in her
Sheriffs, how appointed, 40. 425. 493
To give bond and fecurity,
Their oath and duty,
Fees in civil cafes,
In criminal cafes,
Public, when accountable,
To be paid by county tax,
Sales by, 441. 485. 534. 632.
Their oath, duty, &c.
Shipping in port. — See Wharves.
Slaves, what perfons declared to be, 1 S3
Dealing with to prevent, 123. 174 — 5
May fell fruit . & c . 17 4 — 5
Retailers, not to fell them beer, fpirits,
&c. 174
Claiming freedom, allowed guardians, 1 64
. How to proceed therein, 1 65
■ To carry tickets or paffes, 164 — 5. 175
Refufing to be examined, 165
Unlawfully beating them, 165
Meeting of, 166. 177. 457
— : — Offences committed by them, how tried,
166.
Jurors on the trial of,
Evidence therein,
Certain crimes of, felony,
Poifoning,
Not to adminifter medicine,
When legally executed to be paid for by
the public, J 69
The public not now accountable, 530
How to be executed, 1 70
Expences in profecuting them, how paid,
169.
Penalty on owners concealing their crimes,
170.
167.
168.
167
169
170
169
169
-Not to carry fire arms, 153. 170. 176
-Striking a white perfon, 171
-Runaway flaves, how to be treated, 1 7 x
-Apprehending of, compenfation for,
-Fees for confinement,
-Conftables, &c. negle&ing their duty,
■ Murder of,
-Difmembering of,
• Flarboring of,
-Inveigling cf,
-Not to be taught to write,
■Not allowed to rent houfes,
-Not to be worked on Sundays,
42.
172
172
173
178
42
173
177
377
177
177
Slaves,
Overfeers to be kept among them, 178
— : — Fines, penalties, &c. how to be recovered
and applied, 1 79
Act respecting, how to be conftrued, 163.
179.
Perfons maimed in carrying the fame into
effect, 174
Imported, how to be landed, 517
Importation of, from certain places pro-
hibited, 530. 673
From all foreign places prohibited, 42
Slaves or other colored perfons imported
from certain iflands, to be exported, 601
Emancipation, without confent of owners,.
prohibited, 42
Slander, in actions of, double cofts when reco-
verable, 141
Small debts and damages, 64. 80
See jfu/lices' Courts.
South Carolina, grants for land fouth of the
■ Alatamaha, 106 — 7
Perfons claiming under, how to proceed,
106. 182.
Such grants void on not complying, 108
Claims of certain citizens of, refpecling
ceded lands, 236
Claims of that State to certain territory,
3^9-
Commiflioners appointed to fettle them. —
See Boundary.
Sparta, warehoufe at, 683
Special jury. — See Jury.
Specialties. — See Bonds, Notes, &c.
Stage carriages, a line of, eftablifhed between
Augufta and Savannah, 5,9- 6ro "
State fees, on grants, 472
May be paid in paper money, 475
On fuits, 633
State troops, to be raifed, on what terms, 366.
368.
-h — Bounties of land, 367 — 8. 373. 375-. 549
Irrevokable, 370. 418
— ■ — Clothing allowed them and time of en-
Jiff ment prolonged, 375
Subffitutes may be received,*. 37?
-Entitled to bounties of land, 375. 418
Thofe in volunteer regiments added to the
State troops, 375
— The State troops difcharged and compen-
fation allowed, 418
To account for public property, 4 1 7
Their claims to be audited, 417. 469
— What vouchers neceffary, , 469
5 Q_ State
V -**-Sff»
INDEX.
State troops,
Their heirs and reprefentativesentitled, 470
Un located territory appropriated for the
payment of, 448
Stat eofticers. — See Officers.
State's attorney and folicitors, 39
Staves, fhingles, &c. — See Lumber.
Suits. — See Courts.
Sunbury, town of, 1 44. 43 1
Port of, commiflioners of pilotage, 352- — 3
Harbor and tonnage mailer, 353
Academy, commiflioners of, 380
-Certain appropriations for
381
Commiflioners of the town, how appoint-
ed, 431
Their powers and duty, 43 1
To appoint commiflioners of pilotage, and
aft as juftices of the peace, 432
Sunday. — See Lord's Day.
Superior courts. — See Courts.
Surveyor general and county furveyor. — See
Land.
Their fees, 472
Swearing. — See Profanenefs.
T
A AR, turpentine, &c. infpe&ion of, 126 — 7
Taverns, 374
Not to be kept without licenfe, 454
Licenfes, how to be granted, 453 — 4
Rates to be eftablifhed, 453
In Savannah and Augufta, how regulated,
4-54
Tax, acts, 409. 439- 5°2. 534- 553- 6o1-
646. 68c.
Receivers and collectors of, how appoint-
ed, 614
——Account of arrearages, to be fet up in State
houfe, 680
TennefTee company, purchafe weftern territory,
564
Territory, fouth of Alatamaha added to this
State, 114
——South Carolina, claims to. — See Boundary
and South Carolina.
• Ceffion of weftern territory propofed to
congrefs, 37°
Rejected on account of the terms, 757
Sales of, to certain companies, 388
" Remainder, to be difpofed of by the le-
giflature, 389- 566
■ Appropriations of, for payment of State
troops, 367. 548. 604
Territory,
. AcT: fupplementary thereto, 557
Territorial right of the State declared, 264.
559- 583-
Sales of, to certain other companies, 5 59
Adt of January 1795 difpofing of weftern
territory, ftiled ufurped aft, declared void,
and burnt with certain records, 577. 583
Purchafers allowed to withdraw payments,
584.
The manner prefcribed, 36. 662
Further time allowed, 643
Legiflature may fell, to the United States, 35
Thomas John, certain property of his vefted in
Elizabeth Sharp, 378
Tippling houfes, keepers of, not to fell liquors
to or harbor feamen , 131
If diforderly, may be entered and fearched
by patrols, 123
Tobacco, warehoufes for the ftorage of. — See
Warehoufes.
Infpedlion of, 361. 417. 444
Not to be exported without infpection, 444
Duty of mafters of vefTels therein, 444
Storage, 445
Irifj ectors of, how appointed, 445. 683
Their oath, 45 o
To give bond and fecurity, 446
Their duty, 44^
What allowed for infpeftion, 449
Receipts or notes iffued by them, form of,
448.
Forgery of, how punifhed, 448
Not to be concerned in picking, 447
Not to fell tobacco, 340
How to deliver out, 448
Not to receive any additional fee, 448
Felony, to iffue receipts for tobacco not
received,
449
■ To receive no emolument for coopering,
452- A „
Salary allowed them at Augufta ware-
houfes, 45 a
Repealed^ 5 3 1
— Hogfheads, fize of, &c. 447
-How to be hooped, 450
Weights for, inferior courts to regulate,
450. 531.
Transfer, when to be prized and fold,
450. 451. J
Receipts for, 448
Loft receipts or notes for, how eftablifhed,
449* •
Tobacco
INDEX.
Tobacco,
Refufe tobaceo,to be burnt, 448
Pickers and coopers of, 451 — 2
Planters may pick and cooper their own
tobacco, 552
Former acts reflecting the infpedlion of,
repealed, 45 3
Toll-bridges. — See Bridges.
Tonnage of (hipping, import on, 351
Appropriated for feaman's holpital and re-
moving wrecks, &c. 351. 432
Additional tonnage, ports of Sunbury,
Brunfwick and St. Mary's 353
Townships, allowed toproteftantemigrants, 135
V
Treafurer,
• His fees,
Treafon,
38
476
46
Treaty at Augufta with the Cherokee and Creek
Indians, 763
At Augufta with the Cherokees, 765
At Augufta with the Creeks, 767
At Galphinton with the Creeks, 768
At Hopewell with the Cherokees, 770
At Hopewell with the Chocktaws, 773
At Hopewell with the Chickafaws, 776
At Shoulder-bone with the Creeks, 779 "
At New York with the Creeks, 782
At Hoifton with the Cherokees, 786
At Philadelphia with the Cherokees, 790
At Colerain -with the Creeks, 791
Trefpafs, difclaimer in, 140
Troops. — See State Troops.
Tybee Ifland, land purchafed for lazaretto, 137
Light houfe thereon, 46. 432
u
Ui
NION fociety in Savannah incorporated,
344*
United States, articles of confederation, 797
Deputies appointed to revife, 365
Enabled to fue in the courts of this State,
363- .
Conftitution, 805
Univerfity of Georgia, charter for, 299
Endowed with 40,000 acres of land, firft
quality, 293
Exempt from taxes, 293
■ Truftees of, to lay out Greenfborough, 323
Upper Miinflippi company, purchafe of weftern
territory, 563
Ufurpation, Britifh, 265. 317
— — Intereft deducted on account of, 336
See Inter ejl.
Vacancies in office,
-In the legislature,
58. 41. 413. 61
Vagabonds, 98. 376
What perfons deemed vagabonds, and how
to be treated, 376
Felons, &c. from other States, 377
Vendues, regulation of, 539
Not to effect legal fales by executors, ad-
miniftrators, or public officers, 540
Vendue mafters, how appointed for Savannah,
Augufta and other places, 660
Their commiffions, 540
Subject to be proceeded againft as in courts
merchant, 540
Verdicts, judgments and appeals, 630
Confeffion ofjudgment, 699
Verdicts to be in dollars, 6co
VefTels, import on tonnage. — See Tonnage.
How to be moored, 197
Vice, profanefs, &c. — See Lord's Day.
Virginia petitioners, land referved for, 292
w
w
ALDBURGER JACOB, admitted to
practice law, ^j6
His and Bartholomew Waldburger's claim
to Zuberbuhlers eftate, 38~>
The eftate vefted in them and their lifter,
430.
Walker George and others, admitted to practice
law, 37g
Warehoufes for the ftorage of tobacco.
Fires not to be made near them, 448
Proprietors to keep them in repair or ac-
count for damages, 4^0
Inferior courts to regulate them, 451
Eftabliffied at fork of Savannah and Broad
325- 339- 445- 6$ 8
river,
— In and near Augufta,
— Near Galphin Old. Town,,
— At Hardwick,
— Wrightfborough,
— Louifville,
— Walhington, Wilkes,
— New Savannah,
— Galphinton,
—Near falls of Ogechee,
—At Reid's Bluff,
— Yamacraw, Savannah,
— Lexington,
339
339
445
445
339
361
386- 445
386. 445
386. 445
386
445
386
683
445
Warehoufes
386.
445'
INDEX.
Warehoufes,
Rock landing,
Montpelier,
Greenefborough,
Sweet-water iron works,
— ■ — Pace's ferry,
Mouth ofLightwoodlog creek,
. Cold-water creek,
Peterfburg,
Mouth of Broad river, fouth fide,
-White-bluff,
Sparta,
Warrants, for hind. — cee Land.
• For militia fines, &c.
445
445
445
445
445
53o
576
658
658
660
683
Waynefborough, town of. — See Burke County
Weftern territory — See Territory.
Weights. — See Scales.
Wharves and (hipping,
Rates of wharfage,
Of ftorage,
-Veflels, how to be moored,
462
526
526
526
-Harbor mafter to infpect, &c.
-Fines and forfeitures reflecting,
-Oath of wharfingers,
-Penalty for abufe of,
Warren county laid out,
JufUces of the peace continued,
Courts, where to be held,
■ Courthoufeand gaol, commiffioners 0^527.
555- 593- • ,
. Permanent featof, 042
. Inferior court to contract for the building
of and levy county tax, 527. 596
Empower d to act as commiffioners, 643
■ New county laid out of this and Burke,
593-
. Roads, act of 1792 in force here, 499
Wafnington, town of, 336. 284
— — Commifiioners of, appointed, 236. 284
— — Lots reverted to be re-fold, &c. 284
Land granted for, 285
Free fchool or academy, and church, 284
Warehoufe eftablifhed, 385- 445
Wafhington county, boundary, 291
Head rights, &c. of land, 291. 309
See Land.
Court houfe and gaol, at Euffaloe ponds,
315.
-At Jones' on Williamfon's fwamp, 346
At Sanderfville, the permanent feat of
public buildings, 593
Commiffioners appointed, ^ 525
Empowered to purchase confifcated pro-
perty, 5°3
I — Juftices of the peace appointed, 3 1,$
— County divided,
— Roads, aa of 1 792 in force here,
— Width of,
-New county laid out of this and Greene,
521.
-Inferior court empowered to levy county
tax, _ 525- 596
-Another county laid out of this, 529
322
499
502
194
194
197
197
198
199
200
200
White bluff congregation empowered to fell cer-
tain land, 590- 675
Wife. — See Hujband and Wife.
Wilkes county defined, 8
Settlement of, encouraged, 234
Town laid out, 235
Court houfe, &c. thereat, 236
Indian traders, their claims refpeaing, 2 ;6
Academy or free fchool, and church cer-
tain appropriations for, 284
Commiffioners or truftees appointed, 283
Empowered to fell town common, 512.
County divided, 429
Two new counties laid out of this and 0-
ther counties, 5Z5
Another new county laid out of this, 593
Roads, aa of 1 792 in force here, 499
Williamfburg, town of, 468
Commiffioners appointejL— 4^8
Vacancies, how rilled, 46^
Williams James, admitted topraaice law, 356
Wills or teftaments, 45
See Executors.
Detaining of, 49°
WknefTes, free from arreft, 626. 691. 696
Fees of, 47 6
Not allowed for attending juftices courts,
480.
. How to be compelled to give evidence in
caufes depending in other States, 544
Work-houfe in Savannah — See Savannah.
Wrightfborough, town of, commiffioners em-
powered to fell vacant lots, 361
_ Warehoufe at, 36*
Yonge Chriftiana, certain property veiled in her
and daughters, 32?
Zuberbuhler, the reverend Bartholomew, his/
eftate.- — l'ee Chatham county.
Zubly, the reverend John Joachim, his eftate
refpeaing, 355
FINIS.
SUBSCRIBERS' NAMES.
J
OHN Alibritton, Efq.
N. Atkinfon, Efq.
George Allen, Attorney at Law,
Andrew Armor, Efq;
Major David Adams,
Major Charles Abercrombie}
Dodtor Adam Alexander,
Mr. Elijah Anderfon,
Colonel Samuel Alexander,
James Anthony, Efq.
B
James Barrow, Efq.
Venables Bond, Efq.
Mr. Azanet Bailey, Efq,
A. Burroughs, Efq.
James Bird, Efq;
Mr. A. L. Bulloch,
Major William F. Booker,
Samuel P, Bayley, Atto. at Law,
William B. Bulloch, Atto. Genl.
EilmondBu^n, Atto. at Law,
William Barnett, Elq.
Daniel Beall, Bfq.
Captain Mofes Burnett, „-
Colonel John Burnett,
Thomas Baldwin, Efq.
Captain Samuel Beckom,
Samuel Ballah, Efq.
Mr. A. M. Bilbo,
Major Andrew Baxter,
Mr. I. W. Bailey,
Richard Bonner, Efq.
Andrew Borland, Merchant,
John Barkfdale, Efq.
Mr. Jeremiah Bonner,
Mr. Samuel Darron,
Colonel Andrew Burns,
Mr. G. Brownfon,
John Berrien, Treafurer,
Captain John Barnett,
Stith Barkfdale, Efq. _
William Baker, Sen. iifq.
Mr. John Bacon,
Mr. Thomas Bradwell, .
Pechy Bledfoe, Efq.
S. Branham, Efq.
Richard Bailey, Efq.
Colonel William Bailey,
Sherwood B. Bonner, Adjutant,
Colonel Littleberry Boftick,
William Brown, Clerk Court,
Mr. William Barron,
Mr. H. Breazeal,
Mr. Solomon Beckcom,
Colonel Beford Brown,
Doftor Thompfon Bird,
Edward Butler, Efq.
Jofeph Bryan, Efq.
Abraham Bird, Efq.
John Boftwick, Efq.
Jofeph Clay, Jun. Judge F. D. C.
John Crozier, Efq.
Mr. Charles P. Carter,
Richard Carnes, Efq. a copies,
Anderfon Crawford, Efq.
Thomas Carr, Atto. at Law,
Peter Crawford, Clerk Court,
Corporation of Savannah,
Robert Cofby, Efq.
Mr. George Cook,
John Coleman, Efq.
. Cuyler. Atto. at Law, 2 copies,
Colonel Larkin Cleveland,
Thomas P. Carnes, Judge Sup.
Court, 4 copies,
Mr. Thomas Carleton,
Mr. Thomas Cooper,
Mr. Thomas Chappell,
Mr. Starling Cato,
Mr. A. Comer,
John Coulter, Efq .
Philip Clayton, Efq.
Thomas Collier, Merchant,
Mr, Alexander Camron,
Jofeph Clark, Efq.
John Cooper, Efq.
Mr James Culbreath,
Major William M. Cowles,
William H. Crawford, Atto. 'at
Law,
Ananias Cooper, Merchant,
Nathaniel Cocke, Atto. at Law,
Thomas Cumming, Intendant of
Augufta.
John Catlett, Efq.
John Courfe, Efq.
Major Lewis Clark,
William Coats, Efq.
Major General John Clarke,
Benjamin Catching, Clerk Court ,
Major David Crefwell,
Captain Henry Crofbe,
Mr. William Cook,
Willis Carfon, Efq.
Robert Craig, Efq.
D
Major Seth Dean,
Mr. William Dupuis,
David Dickfon, Efq.
Mr. Henry Dixon,
J. L. Dixon, Clk. Court,
Dr. James Dunwoody,
William Davies, Efq.
Tilman S. Dixon, Stud, of Law,
Philip Dell, Efq.
Mr. John Dieu,
John M. Dooly, Atto. at Law,
John Darracott, Efq.
Major Thomas Davis.
E
Major John Emanuel,
Captain Solomon Ellis,
Mr. Stephen Evans,
Mr. Ellis,
Colonel Roderick Eafly,
Benjamin Eafly, Clk. Court,
Jeffe Embree, Efq.
Col. AuguftusC. G. Elholm,
Major James Evans,
Captain Cullen Earp,
Peter Early, Attorney at Law,
Mr. Thomas Evans.
Wm. Few, Judge Sup. Court,
Captain Ignatius Few,
Major John Fofler,
T. F, Flyming, Attorney at Law,
Rene Fitzpatrick, Efq.
George W. Fofter, Elq.
Major Simon Frazer,
Alexander Forrefter, Att. at Law,
John Floyd, Efq. -i
Mr. George Fee, '
Thomas Flournoy, Atto. at Law,
Captain Abner Eluellen,
Arthur Fort, Efq.
SUBSCRIBERS' NAMES.
Major R. Fulwood.
G
William G. Gilbert, Efq.
Francis Gordon, Merchant,
Colonel Lewis Gardner,
Alexander Gardner, Efq. .
Mr. Jofhua Grinage,
James Gignilliat, Efq.
Colonel Ambrofe Gordon,
John Glen, Mayor of Savannah,
John Glafs, Efq.
Thomas Gibbons, Atto. at Law,
Mr. William Gardner,
John Gorhanij Efq.
Robeit Greer, Efq.
Thomas Greer, Efq.
William George, Efq.
Henry Graybill, Efq.
Samuel W. Goode, Atto. at Law,
Richard Gray, Efq.
Mr. William Greaves,
Mr. Valentine Geiger,
Mr. Alexander Gorden,
James Gardner, Merchant,
Doclor George Graves,
Brigadier Gen. Thomas Glafcock,
Enoch Godfrey, Efq.
Mr. Benjamin Green,
John Griffin, Atto. at Law,
Major Thomas Grifham,
Mr. Edward Grifham,
Captain George Grefham.
H
Mr. George Hamilton,
Colonel James Hendricks,
Jeffe Heard, Efq.
Dr. Gilbert Hay,
Mr. Edmond B. Hicks,
Major David Harris,
Captain James Hamilton,
James Edm. Houfton, Atto. at
Law,
Charles Harris, Atto. at Law,
R. Hunt, Efq.
Colonel Stephen Heard,
Samuel Higginbotham, Efq.
George Hening, Efq.
Mr. Jofhua Houghton, Jun.
Thomas Houghton, Efq.
Mr. William Houghton,
Captain P. Hunter,
I Samuel Harper, Efc|.
I Mr. John Hill,
James Harvey, Efq.
Mr. Walter Hamilton,
! Dixon Hall, Efq
Boiling Ha.!, Clk. Court,
Mr. John Hamilton,
Mr. William Hurt,
Major B.Haf;v,
Mr. William hutchinfon,:
James Holmes, Merchant',
William Harvie, i':fq.
John Hardeman, Efq.
Mr. Lewis Harris,
Mr. Archibald Hatcher,
Jofeph Hutchinfon, N. P. & I. P.
James Hutchisfon, Merchant,
Mr. Chriftopher Hudfon,
Mr, Mofes Harrifon,
John Hamiil, Atto. at Law,
Edmund Hopfcn, Efq.
Captain John Hampton,
Major Buckner Harris,
Mr. John Henley,
David Hillhoufe, Efq.
William J. Hobby, Atto. at Law,
Rev. James F. Hull.
I
James Jones, Atto. at Law,
H. Jarret, Efq.
William Johnfon Efq. a copies.
Edmund B. Jenkins, Atto. at
Law,
Charles Jackfon, Atto. at Law,
Ruffei Jones, Efq.
Captain Barnet Jeter,
Captain John Jones,
James James, Merchant,
Abraham Jones, Efq.
Henry Jones, Jun. Efq.
Mr. Adam Jones,
Seaborn Jones, Atto. at Law,
Robert Jackfon, Efq.
Brigadier Gen. Jared Irwin,
John Jones, Efq.
K
Mr. Chriftopher Killbe,
Thomas King, 5 copies,
John King, Atto. at Law,.
Captain Tandy C. Key,
Thomas Kirkpatrick, Efq.
Dr. William E. Kennedy,
Mr. Thomas Kinan.
Colonel Thomas Lewis,
James Lefter, Efq.
Major A. Liphram,
John Lanier, Efq.
John Lamkin, Efq.
Mr. Beverly Low,
John Leith, Efq.
JohnLawfon, Atto. at Law,
Richard Henry Leake, Atto. at
Law,
John Loudon, Efq.
James H. Little, Clk. Court,
Colonel Thomas Lamar,
Mr. John Lewisj Jun.
Colonel John Lewis,
John Lockhart, Efq.
Captain Jofeph Law, Jun.
John Lawfon, Efq.
John Lampkin, Efq.
John Luckie, Efq.
Mr. Micajah Little,
Mr. John Lee,
Mr. Aaron Low.
M
Morris Miller, Atto. at Law,
Luke Mann, Efq.
J. M'Gillivray, Efq.
Robert M'Rae, Efq.
Randolph M'Gillis, Efq.
James Montfort, Efq.
Major Thomas Moore,
John Milledge, Efq.
David B. MiKhell, Judge Sup..
Court,
Patrick M'Kenty, Efq.
Robert M'Alpin, Efq.
Ifaac M'Clendon, Efq.
Martin Martin, Clk. Court,
William Minor, Efq.
Mr. Charles M'Donald,
Major John M'Kenzie,
Mr. Robert M'Ginty,
Joel M'Clendon, Efq.
Brigadier Gen. Henry Mitchell,
Mr. John Mackey,
James Meriwether, Comptroller
General,
John Milton, Sec. of the State,.
Colonel Thomas Murray,
Mr. John Middleton,
A. Maybank, Jun. Efq.
LachlanM'Intofh, Atto. at Law,
J. Molicb, Merchant,
John H. M'Intofh, Efq. a copies,
M. Myddleton, Efq.
James Mulryne, Efq.
James Montfort, Efq.
W. M'Koy, Efq.
James M'Can, Efq.
Alexander M'Millan. Printer to
the Staf>
John Murray, M. D.
Cowles Mead, Student of Law, ,
James M'Cormick, Efq.
Mr. John Marcus,.
Mr. William M'Murray,
William Meat, Efq.
Rev. Jeffe Mercer,
John Mathews, Atto. at Law,,
and Supervifor,
George Mathews, Jun. Atto. at
Law,
Edwin Mounger, Clk. Court,.
Captain Peter M'Farlin,
Ewing Morrow, Kfq.
Brigad. Gen, David Meriwether.
N
William Niblack, Efq,
Major George Taylor,
J. Netherclift, Atto. at Law,.
W. Norment, Efq.
John Y. Noel. Attc. at Law, ,
Mr. George Nowlan,
James Nifbit, Efq.
Captain William Neel,
Mr. Mofes Newton,
Mr. John Newfom,
Captain Thomas Neal,
SUBSCRIBERS' NAMES.
O
Mr. William Ogden,
Major Thomas Oliver,
Colonel Ferdinand Oneal,
James Oliver, Efq.
P
William Pray, Efq.
Major Benjamia Porter,
Thomas Polhill, Efq,
Philemon Mai*H Efq.
William Phillips, Efq.
Oliver Porter, Efq.
E.Park, Clk. Court,
Jofeph G. Pofner, Merchant,
Mtffrs. William Pollard, and Co.
John Paulett, Efq.
Mr. Jeffe Paulett,
James Powell, Efq.
Fergufon Parker, Atto. at Law,
Burwell Pope, Efq.
Mr. Drury Pace,
Mr. Dixon Perryman,
Colonel Wylly Pope,
John Pope, Efq.
Daniel Price, Efq.
Captain James Patterfon.
R
Mr. John Ramey,
Captain John F. Randolph,
Evan Ragland, EfqH* V %
Walker Richardfon, Efq.
Matthew Rahn, Efq.
Mr. James Randle,
Captain Obediah Richardfon,
John Ragan, Efq.
Mr. Philip Richardfon,
Abfalom Ramcy, Ef^.
David Rees, Efq.
Mr. John Rhodes,
Abfalom Rhodes, Efq.
I. H. Rutherford, Efq.
Mr. Edward Robinfon,
Mr. Jacob Ricks,
Mr. W. Rentford,
Clement Read, Attorney at Law,
Virginia.
Randolph and Bunce, Printers.
s
Dr. George Seegar,
Mr. Frederick Sunn,
Thomas Savage, Atto. at Law,
Archibald Simpfon, Efq;
James Seagrove, Efq .5 copies.
Captain Jofias Shaw,
Mr. Thomas Stewart,
Mr. William Stark,
Mr. David Stanford,
John Sargeant, Efq.
William Stephens, Judge Superior
Court 2 copies.
Richard M. Stites, Clerk Federal
Court,
Mr. Edmond Shackleford,
Godhilf Smith, Efq.
Mr. Abiel Schweighoffer,
John Smith, Clerk Court,
John Smith, Efq.
Mr. William Spruce.
Mr. Robert Simms,
Captain James Shorter,
Daniel Sturges, Surveyor Gen.
Major John Shellman,
Major Thomas Shields,
Major John Scott,
Mr. Henry Stricklin,
Thomas Stephens, Sen. Efq.
Colonel D. Stewart,
Jofiah Stewart, Clerk Court,
Mr. James Stacy,
Charles Stewart, Efq.
William Strother, Efq.
Brigadier Gen. John Stewart,
William Skinner, Efq.
Mr. Charles Statham,
William Stith, Jun. Efq.
Benjamin Skrine, Atto. at Law,
Captain John Sheppard,
Benajah Smith, Efq.
John Sims, Efq.
Captain Abraham Simons,
William Sanfom, Efq.
Mr. Thomas Stark,
Mr. Jofeph Stark,
George Sibbald, Efq.
T
Mr. John Theny,
John Torrence, Efq,
Mr. William Thomas,
Charles Tait, Atto. at Law, ■*
James Tait, Efq.
Mr. Robert Thompfen,
Mr. Thomas Tyers,
James Thweatt, Efq.
Rev. Benjamin Thompfon, Jun.
Captain Robert Tate,
Mr. Edmund Taylor,
George Taylor, Clerk Court,
Mr. A. Tatom,
James Thomas, Efq.
Captain James Toole,
Etheldred Thomas, Efq.
Colonel Francis Tennille,
David Thegpin, Efq.
David Terrell, Efq.
Mr. Thomus Terrell,
Colonel William Triplett,
Captain Matthew Talbott,
Major James Turner,
Benjamin Taliaferro, Judge Sup.
Court,
Mr. Henry Tilghman.
u&v
W. Venie, Efq.
William Ulmer, Student of Law,
Peter Vanalen, Solicitor Gen.
w
Ifaac Walker, Efq.
Captain William Whitehead,
Captain James Wilch,
Francis Wells, Efq.
Perry Willfon, Efq.
John Walton, Efq.
Captain Richard White,
Edward Loyd Wailes,-. Efq.
A. Wright, Efq.
David Walker, Efq.
Captain William Wilkins,
Benjamin Wilkins, Efq.
Notley Whitecomb, Adjutant,
Jofeph Welfcher, Atto. at Law,
John P. Ward, Efq.
George Woodruff, Attorney Gen.
D. Georgia,
M. Wood, Clerk Court,
John M. Whitney, Efq.
Memorable Walker, Merchant,
John Waters, Efq.
Major Samuel Wright,
Jofeph Watfon, Efq.
Mr. Douglafs Watfon,
Michael Whatley, Efq.
Mr. Jofeph White,
Nathaniel Waller, Efq.
John Whitney, Mercht. C. M. S.
Captain Robert Ware,
Captain Henry Ware,
Robert Walton, Efq. (Lincoln)
Captain William W-4jr, v
Joel Walker, Efq.
Peter Winn, Efq.
Henry Wood, Efq.
Jofeph Woodruff, Efq.
Nathaniel Willis, Atto. at Law,
Colonel George Walton,
Jofeph Ware, Efq.
George Walker, Atto. at Law,
Robert Walker, Atto. at Law,
Nicholas Ware, Atto. at Law,
Robert Walton, Efq. (Richmond)
John Willfon, Efq.
Mr. David Witherfpoon,
Captain Curtis Welborn,
Francis Williamfon, Efq.
Colonel John Watts,
William Warthen, Efq,
John Carter Walton, Att. at Law,
Major Richard Worfham,
Peter Williamfon, Atto. at Law,
M. Williamfon, Atto. at Law,
Captain Samuel Welborn,
Mr. W. M, Williams
Mr. Thomas Wootten. >
Doctor John De «vai.!pert,
Mr. Van Yever n, Merchant.
<&
*♦
»/
GEORGIA.
Sicrrtary's Office, January 16th, 1800.
1 DO hereby certify., that J have carefully examined and compared the State conjlitufiotu from page 25 lofidge 43 iWw-
/fve, the iatvt and part- of laws from No. 1 to No. 529 inc/u/ive, from No. 53 1 to $34 inclu/ive, end treaties uithe appen-
dix No. 36, 37 38, and 41 contained in this printcdvolume, andfind them to agree with the original rolls depofued in my office;
the following errata excepted s
Ptttt
i5 bed,/ Lire 4 for confederations read confi-
deration.
3 1 Arr. 6 line 3 , after remove r^a.l with.
36 See). »5 line 3, for «v «** re.d one,
44 No. 4 line 2, for /«Arf read landa.
37 No. 41, for Marti a 7 read Novcm. 24.
7f» The 15 is not in the original.
83 No. 89 line 6, for part or read part of.
88 No. 104 line 4 . for Tyffi read Fyfife-
91 No 103 fed. 3 line 7, for per/am read
perfon.
94 Line 17, for juftiet read juftiees.
yy Se&. 9 line 17, for and they ait read and
are.
— ■ line 19, for Unit read land.
109 Line 12, after thief mA of this province.
Ill ScA. 4 line 5,, after and read njvigabie.
1*9 Line t of the title, tor from rend for.
— »•— — 17, after at •uitli omit as
1*6- Bed. a line 3, for to every reaJ for every.
— ■ 1 13, omit Jbatl and tbey art hereby
obliged to do batrol duty.
— — — 15, after to be read recovered.
12 1 Sett. 4 line 7, from the bottom tor deli-
ver read delivered.
»az Seel, 5 line 5, if ur flail be read fo.
— - 28, after *•/ exceeding read the
flim of.
123 Sed. 8 line 5, torfufbeaing read fufped-
ed.
133 Lire 13, for Even/burg read Ewenfburg.
1 39 Sect. 3 line lad, utter fofmr at omit the
fame.
IAO Sed. 3 line 13, after paging read of.
r)6 Line 3 for r»aa!» read road.
148 Sea. 6 line T4, fo/ «/»>» read like.
I33 Se<S. I line 10, for /o<t//'«j read lodging.
I36 Sec*. 4 line 8, for formtr read form.
— 1 13 for nyi<* read right.
164 Line 3 for perfiat read perfon.
163 Sed. 3 line 15, after dijtrtft read then.
166 S«d. 8 line 8, for mtrgbLrU-dt^i neigh*
boring.
165 Line t, for upon volite fcrfnu read upon
any white ptrfon.
170 Sec*. II line 19, uker eanMb read in
and about the pr< miles, upon pain of
being puniQied by the faid con table.
173 Sec*. a8 line laft, ror pay read rcpty.
1 74* Sea . 32 line 4, after patting read of.
— . ■ 9, after one read juflice.
17 ' Sea. -33 Isne a. for offmtertib offences.
— . .. 34 hue lali, for dfyuted read dilpu-
tabe.
^_ — — 3 t line 9^ for pettiagta read porri-
agua.
1 * > for petriaguat read perria-
guas.
I76 Line 4, for raw; read com»i. .
179 Scd. 46 .me 1, after /«« omit and.
Jag*
182 No. 919 line 6, lor ft of up read ftop.
— ■ afte* iijwy read whatfoevcr.
— ■ SccL 2 line 3, after tomplaint
omit being.
183 Sea. 3 line 6, for damage read damages.
183 Sed. 7 li»ie 3, titer perfoa read and per-
fon*.
186 Line 8 after informer read or informers.
189 Line lair, for the next cefficn read the
ceflh-n.
190 Line 7 from the bottom, for land read
lands.
191 Line 16 from the bottom, for May read
March
303 No. 236, for September 16th read June 7.
206 Sea. 4 line 1, for therefore read further.
209 Sea. I line 9, for Be/land read Borland.
line IO, for Trint/irfd read Trent-
field.
*3° 7
231 j
■ line 2i, for Be/bmurtb read 60-
fom worth.
211 Line 13, for Neifum read Nuf-im.
216 Sea. 14 line 2, for courts of read courts
within.
230 Sea. 2 line a, for in fummary read in a
fummary.
221 Sea. 3 line laft, far fbcriff rc*& fheriffs.
223 Sea ao line I, for and lie further read
and be it further.
22? Sea. 7 line 3, for Bobeim read Bohun.
omit Savannth preceding the date
of the ads.
232 Line lad, for tranfacTiont read tranfac*
tion.
%H Sed- 3 line 6, {or of the fame read afore-
laid.
235 Sed. 1 2 line r, after appear read that.
236 Sea. 20 line lad, for catted read com-
monly called.
— — — 21 line 6, for txptnfet read ex-
ptnfe.
No. 260- «6i*)
. - - 263 ( omit Savannah at the
- - - 264 f date ofthefcadls.
- - - 165J
Line 13, for Mulbrynt read Mullryne.
— — 17, for Batter "read Butler.
— mi for Stour read Storr.
244 Lino 10, for Freehnitr read Trubnier.
— 15, for /fV^fw read Wellington.
— 1 ■ from the bottom, for devifeei and
afftgnt read devifees or ailigns.
246 Sed. 7 line 4. aftersy/A/ read authority.
249 Sett. 1J line 6, for fucb landed fecurity
read filch fecurit y .
250 for Savannah May 4th- read Augufta
May 4th.
23 3 Sed. 1 1 line t, after and htit readfurther.
253 Line f, after execution read on.
a 60 Line J 7 for mtt read caveat.
*3»
239
240
242
»43
Page
262 Sed. 10 line 8, for on. read in.
263 Line 12 for and all re id all-
— Sea. 12 line 3, after ove.- the read faid.
863 for February 1783 read Tebruary 17th,
1783.
271 Depreciation table in 1780, February
28 for 4840 9 read 4846 9,
276 Sea. 11 Hue I, after and be it read fur
ther
280 No. 2767
a8a - - 279 V for Savannah read Augufta.
a36 - - 2823
287 Sed. J line 4, after J -wtnty ninth read day,.
— — — — line 6 toe fucb a •widomi read fuch
widow.
290 Line 10, for latvt read law.
— No. 289 line 7» for mountains read moun-
tain.
292 Line 7 , for fuceeftbr readfucceffors.
294 Sed- 16 line 9, after granting read lands,
297 Sea. 7 line I , for and be it read and it is.
— Sea. 7 line laft, tor accounts read account.
301. Sed. 13 lioe 8, for agreeable read agree-
ably.
306 Line a, for year read years.
307 tor February 37th read February 2 ift.
308 Sea. 2 line 1, lex and it is read ana if.
310 Strd. 6 line I,, after and be it omit fur-
ther.
— ' — 3 for the laft read the faid
laft.
313 Sea. 2 line a, for or intrftatet read of in-
teftates.
313 No. 3C9liue 3, after by tbt omitrepre-
fentatives of the.
318 Sed. 3 line 3, for covert read coverts.
319 Lintf a, tor of, to, read of, in, to.
— Sed. 5 line 7, for confOuants read confti.
tucut or coiiQituents.
320 No . 3 1 1 , for James Haberfham read Jofeph
Haberfham.
39 1 Line 4, for each day read each per day.
— No. 313 in the tide, for tolls read toil.
39a No. 320 line 3, afcer Oconee river read
fix miles above the Rock landing until
it ftrikes the .Great Oge<hee river.
323 Line 2, for inhabitant read inhabitant*.
— No. 32a tor February 3 read February 8.
jay Lioe 8 for -who ferved read who have
ferved.
330. Line ai tor are declared read are hereby
■ declared,
33a Sea. 6 line 6, for Dient read Davis.
334 No. 338-line 10, for cleaning xcad clear-
ing.
349 Sea. 4 line 1 a, for ever ptrfon read every
perfon,
334 line 3, for Dicker read Dicker.
25S For, February 19 read February 10.
337 No. 372 line laft, for offenders goods read
offenders lands, goods.
ERRATA.
Page
360 Sift. 4 line 7, for Ofipber read Oliyer.
362 Line I, after cenfifcate read the cfute.
366 Sect 4 line 7, after foirt.-J rejd out.
m. fur which ojjkerj read which faid
officers.
368 Sect. 10 line 6, lor the J aid read the
fame.
370 Line laft, for degree north read degree of
north.
371 Line 12, for a Mian read dollar.
573 Line 1 , for year of one read year one.
380 No. 399 feet. I line 7, for delivered read
declined.
384 No. 408 fciS. * line 3, for convitlcd
tbtreof read convicted.
J36 Line j, for lands read land.
481
484
491
<S>3
= =g
for on ibe IjnJi (/'read on land of.
388
391
394
.39°
397
398
401
4©t
4x4
4.8
400
4*8
434
44*
455
457
46«
465
570
476
47y
Sect, a line 3, for /» bead read to the
head.
Seel. 4 line 4, (orparyt read prrty.
Serf. 1 a line 4, for debt read debts.
13 line iaft for department read de-
partments.
Sect. 36 line 4, for therein read herein.
— — 37 line a, after commence read on.
— — — Hue 7, for /aid court read laid
courts.
Line 1, for then laid read then depending.
Sect. 38 line I. for be it further tad and
be it further.
Sect. 41 line 14, for judgments read
judgment.
Sect. 47 line J, after fummary read way.
Line 14 for loilncfl rcid wiuicffes.
Line a ol die title, for of the intr/late rend
of inteftate.
Sect. 6 line I, for and be it read be it.
Line J, for or their read or to their.
Sect, s i,Df 2i foriwtWrijjpreadareTieTeby.
No. 45a line 6, after ijland read and.
No. 45a for December 15 read Decern-'
ber ao.
— 4J3 l"16 '» "ft61" property read real
and perfonal.
Sed. 15 line 5, (or fball be read which
(hall be.
No. 464 line 67 for Moulrey read Moul-
feet. 3i bi-ey.
No. 467 line 4, (or flat* of read plate
for.
Sect. 17 line la, forori/e/-/ read routers.
_, . - line 15, for otveer read ofhecr.
Sect. 54 line 8, for or piquet read on pi-
quet.
No. 47a feet. 2, line bit, for /«« read
town.
Line 15, after attendance omit and.
Sect, ic line a, after Ubalfttid of.
495
50 8
50S
506
5IO
5M
520
5S»
5*3
525
533
534
St
540
541
544
567
Sect. 3 line laft, for order read orders.
beet. (8 line I, for teu/ii rerdcafes.
Line I, lor where read when.
Line 4, for infured read injured.
Serf. 1 line 13, for • commijions read com-
mirfion.
Line t, for require read requires.
Line 3, for courts read court.
Sect. 6 line 7, for ate filly read are here-
by fully.
No. 48a line a of the title, for in this
read within this. '.•
Sect a line laft, for except read accept.
^cct 1 7 line I, for 'That any read 1 hat
it' any.
Seel. 1 line 8, for pvrcbafes read pur-
chafers.
Sett. 1 line a, for county read country.
No. 4tij, for December lj read Decem-
ber 14.
No. 486 line J, for Guglerezd Guigle.
'■• — Sect. I line J, for incorporate
read corporate.
Sect, a line 6, for and then read that then.
No. 49a feet. I Jiii» 9, for all the part
read all that part.
Sect. 5 line 4, for law read laws.
For December 16 read December 19.
Sect, a line 3, after any read thing.
Sect. 9 line a, for court read courts.
Sect. 7 line J, for term read terms.
Sect . 8 line 4, for donations read donation.
Line 7, iorfciid read btid.
Sefi. a line 5, 7 For Black-bird read
line laft, $ Black-beard.
Line 3, s>ftcr o'to<» omit and.
No. 531 line I, for attending read attend.
No. «Mline 3 7 for >w rcad hnd,.
67 No. 533 line 3 7
— line 4 \
72 Sc&. 1 line 5, for
572 SccL 1 line 5, for political read politic.
578 Line 8, after republican read form of.
580 Line 5, from the bottom, for atnend-
menu read amendment.
589 No. 548 Sea. I line 10, for therein read
thereon.
590 Se&. 1 line 3, lav jurors read juries.
— Sea. 3 line 7, lurfuch a day tad fuchday.
— - Sea. 3 line laft, for or any read on any.
609 No. 570 fea. I line 8, lor river read
rivers.
615 Sea. 4 line 3, iot fball by read fhall be.
— Sea. 5 line 4, for commifftoner vr eommif
fioHcrs read commiQioners
6ai Sea. 8 line 3, for if inteftate read of intef-
tate,
634 Sea. 17 line 8, for mortgagee read mort-
gager.
625 Line II, for in band, read in hishandt.
628 Sc£l. 39 line 9, for departments read
apartments.
Page
629 Serf. 3a line 8, after day </read next.
631 Sea. 41 line 4, alter agawfitbe rnd per-
fon of the.
— Sea. 4a line 4, (or other than read other
perfon than.
%?34 Seit. 51 lice 19, for andbefore read be-
fore.
636 Serf. 58 line 5, for rcpre/imations read
repreientaiion.
637 Serf. 63 line 12, itter jujiees read of the
inferior court of their refpeaive coun-
ties in the fum of 2.50 dollars condi-
tioned.
638 Sea. 64 line 1, for tafe read cafes.
— Sea. 68 line 4, for ./tw^Wread demands.
— Serf. 69 line i, for before one read before
any one.
641 Sea. 81 line 1, for rtfrcfentatiues read
refpeaive.
64a Serf. 83 line 4, for tonftabU read confta-
hles.
— Sea. 85 line 2, for when read where.
— No. 583 line 1 of the title, after feat for
read the.
— Line laft, after provided read the iuflcad
of that.
643 Line 4, after appropriated omit be.
647 Lin; 1, totfwatKps read fwamp.
635 Sea. 17 line lall. after amount omit or
neglea.
656 Sea. 31 line j, for difiraint read did rain.
657 Sea. 25 line 3, for account read accounts.
66a Sea. 4 line 4, after work read on.
663 Line 35, \ox payment read payments.
664 Sea. 3 line a. for magi/Irate read magif-
trates.
666 No. 601 line laft of the title, for over
read other.
667 Sea. a line 2, for money read monies.
674 Line 3, £ot to be recovered tcai recovered.
67J No 61 j fea. lliueij, lor tree ii** read
true' line.
677 Sea. 3 line a, afar Febiuary read i*
the year.
68l Sea 2 line 4, for time read times.
6*7 No. 631 line 4, tor ports read parts.
694 Line 3, for by read the.
706 Line 1, for tofucb read to makefuch.
— Line 6, for and levy read any levy.
— Sea. 49 line 7, for law read laws.
1— Sea. 53 line a, for j rvfvra read a pro-
per return.
711 Sea. 3 line j, for 0/1 read on.
— For February 7 read February 18.
753 Line 10, lor drawn to be drawn read to
be drawn.
767 Line 13, for peact humanity read peace
and humanity.
DONE AT LOUISVILLE, the day and year above mention**'.
HORATIO MAR BURY, Secretary.
NOTE. Whilft it is prefumed that a great proportion of the foregoing errata will he deemed immaterial. It is hut juft to remark thw
Biauy of the criers happened io txanlcrihiiig the confided and uttered nials ol papers from which this di-vft has been formed*
DATE DUE
'*. <f 0 /U
AUG 14
1975
i rrvn 1 IP
~>A.pY
FOR Ub
anlu
M
!
i
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GAYLORD
PRINTED IN U.S A. L
.___ 1
FOR LIBRARY,
USE ONLY
iGr r
RB
KFG50
1800
R3H-
Georgia. Laws, statutes, etc.
A digest of the laws of the state
of Georgia.
m
m
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